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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5139 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 5139

To amend title 39, United States Code, to provide for procedures under 
   which persons involuntarily separated by the United States Postal 
 Service as a result of having been improperly arrested by the Postal 
     Inspection Service on narcotics charges may seek reemployment.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 1994

   Mr. Clay introduced the following bill; which was referred to the 
               Committee on Post Office and Civil Service

_______________________________________________________________________

                                 A BILL

 
To amend title 39, United States Code, to provide for procedures under 
   which persons involuntarily separated by the United States Postal 
 Service as a result of having been improperly arrested by the Postal 
     Inspection Service on narcotics charges may seek reemployment.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROCEDURES.

    (a) In General.--Chapter 4 of title 39, United States Code, is 
amended by adding at the end the following:
``Sec. 414. Provisions relating to certain improperly arrested 
              individuals
    ``(a) Not later than 90 days after the date of the enactment of 
this section, the Judicial Officer shall by regulation establish 
procedures under which any individual described in subsection (b)(1)(A) 
may seek reemployment under this section.
    ``(b) The regulations shall include provisions under which--
            ``(1) a petition for reemployment may be brought--
                    ``(A) by any individual involuntarily separated 
                from a position in the Postal Service as a result of 
                having been arrested by the Postal Inspection Service--
                            ``(i) after December 31, 1983;
                            ``(ii) pursuant to any investigation in 
                        which one or more paid confidential informants 
                        were used;
                            ``(iii) for violating any law of the United 
                        States, or of any State, prohibiting the use, 
                        sale, or possession of a controlled substance;
                but only if such individual--
                            ``(I) is not convicted, pursuant to such 
                        arrest, of a violation of any law described in 
                        clause (iii); and
                            ``(II) has not been reemployed by the 
                        Postal Service; and
                    ``(B) after all administrative procedures otherwise 
                available to petitioner for seeking reemployment have 
                been exhausted, but not later than 2 years after the 
                date as of which--
                            ``(i) the exhaustion requirement is met; or
                            ``(ii) if later, any such petition may 
                        first be filed under this section;
            ``(2) a petition for reemployment under this section shall 
        be considered by a panel of 3 administrative law judges who 
        shall be--
                    ``(A) qualified by virtue of their background, 
                objectivity, and experience; and
                    ``(B) individuals detailed to the Postal Service, 
                for purposes of this section, on a reimbursable basis;
            ``(3) the provisions of sections 556 and 557 of title 5 
        shall apply to any proceeding conducted by a panel under this 
        section;
            ``(4) a panel may require the Postal Service to reemploy 
        the petitioner if, in the panel's judgment, the petitioner was 
        improperly arrested due to the actions of the Inspection 
        Service or its paid confidential informants;
            ``(5)(A) paragraph (4) shall not be considered satisfied 
        unless--
                    ``(i) the position in which the petitioner is 
                reemployed is reasonably similar to the position from 
                which the petitioner was separated; and
                    ``(ii) the rate of pay for the position in which 
                petitioner is reemployed is not less than the rate 
                which would have been payable to petitioner, as of the 
                date of reemployment, had the petitioner remained 
                continuously employed in the position from which 
                separated; and
            ``(B) the provisions of section 5596(b) (1) and (2) of 
        title 5 shall (for purposes of this section) apply with respect 
        to any separation referred to in paragraph (1)(A) of this 
        subsection, except that the total amount of back pay (including 
        interest) which may be awarded under such provisions by any 
        panel (described in paragraph (2)) may not, in connection with 
        any particular separation, exceed $100,000;
            ``(6) the Postal Service shall be required to contribute to 
        the Civil Service Retirement and Disability Fund for the 
        benefit of petitioner an amount equal to that required (under 
        regulations which the Office of Personnel Management shall 
        prescribe) in order that, with respect to the period beginning 
        on the date of involuntary separation and ending on the date of 
        reemployment, petitioner shall, for retirement purposes, be 
        treated as if such separation had not occurred; and
            ``(7) any payments required under this section shall be 
        payable out of the Postal Service Fund.
    ``(c) A determination under this section shall not be subject to 
any administrative or judicial review.
    ``(d) For purposes of this section--
            ``(1) the term `Judicial Officer' means the Judicial 
        Officer appointed under section 204;
            ``(2) the term `controlled substance' has the meaning given 
        such term by section 102(6) of the Controlled Drug Abuse 
        Prevention and Control Act of 1970;
            ``(3) the term `administrative law judge' means an 
        administrative law judge appointed under section 3105 of title 
        5; and
            ``(4) a confidential informant shall be considered to be 
        `paid' if such informant receives, or is to receive, a monetary 
        or nonmonetary benefit (including any forbearance from a civil 
        or criminal action) for the services involved.''.
    (b) Chapter Analysis.--The analysis for chapter 4 of title 39, 
United States Code, is amended by adding at the end the following:

``414. Provisions relating to certain improperly arrested 
                            individuals.''.
                                 <all>
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