IIA

103D CONGRESS

2D SESSION H. R. 5139

IN THE SENATE OF THE UNITED STATES

OCTOBER 6 (legislative day, SEPTEMBER 12), 1994

Received

OCTOBER 8 (legislative day, SEPTEMBER 12), 1994

Read twice and referred to the Committee on Governmental Affairs

AN ACT

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PROCEDURES.

4 (a) IN GENERAL.—Chapter 4 of title 39, United

5 States Code, is amended by adding at the end the follow6 ing:
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1 ‘‘§ 414. Provisions relating to certain improperly ar2 rested individuals

3 ‘‘(a) Not later than 90 days after the date of the en4 actment of this section, the Judicial Officer shall by regu5 lation establish procedures under which any individual de6 scribed in subsection (b)(1)(A) may seek reemployment

7 under this section.

8 ‘‘(b) The regulations shall include provisions under

9 which—

10 ‘‘(1) a petition for reemployment may be

11 brought—

12 ‘‘(A) by any individual involuntarily sepa13 rated from a position in the Postal Service as

14 a result of having been arrested by the Postal

15 Inspection Service—

16 ‘‘(i) after December 31, 1983;

17 ‘‘(ii) pursuant to any investigation in

18 which one or more paid confidential in19 formants were used;

20 ‘‘(iii) for violating any law of the

21 United States, or of any State, prohibiting

22 the use, sale, or possession of a controlled

23 substance;

24 but only if such individual—
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1 ‘‘(I) is not convicted, pursuant to such

2 arrest, of a violation of any law described

3 in clause (iii); and

4 ‘‘(II) has not been reemployed by the

5 Postal Service; and

6 ‘‘(B) after all administrative procedures

7 otherwise available to petitioner for seeking re8 employment have been exhausted, but not later

9 than 2 years after the date as of which—

10 ‘‘(i) the exhaustion requirement is

11 met; or

12 ‘‘(ii) if later, any such petition may

13 first be filed under this section;

14 ‘‘(2) a petition for reemployment under this sec15 tion shall be considered by a panel of 3 administra16 tive law judges who shall be—

17 ‘‘(A) qualified by virtue of their back18 ground, objectivity, and experience; and

19 ‘‘(B) individuals detailed to the Postal

20 Service, for purposes of this section, on a reim21 bursable basis;

22 ‘‘(3) the provisions of sections 556 and 557 of

23 title 5 shall apply to any proceeding conducted by a

24 panel under this section;
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1 ‘‘(4) a panel may require the Postal Service to

2 reemploy the petitioner if, in the panel’s judgment,

3 the petitioner was improperly arrested due to the ac4 tions of the Inspection Service or its paid confiden5 tial informants;

6 ‘‘(5)(A) paragraph (4) shall not be considered

7 satisfied unless—

8 ‘‘(i) the position in which the petitioner is

9 reemployed is reasonably similar to the position

10 from which the petitioner was separated; and

11 ‘‘(ii) the rate of pay for the position in

12 which petitioner is reemployed is not less than

13 the rate which would have been payable to peti14 tioner, as of the date of reemployment, had the

15 petitioner remained continuously employed in

16 the position from which separated; and

17 ‘‘(B) the provisions of section 5596(b) (1) and

18 (2) of title 5 shall (for purposes of this section)

19 apply with respect to any separation referred to in

20 paragraph (1)(A) of this subsection, except that the

21 total amount of back pay (including interest) which

22 may be awarded under such provisions by any panel

23 (described in paragraph (2)) may not, in connection

24 with any particular separation, exceed $100,000;
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1 ‘‘(6) the Postal Service shall be required to con2 tribute to the Civil Service Retirement and Disability

3 Fund for the benefit of petitioner an amount equal

4 to that required (under regulations which the Office

5 of Personnel Management shall prescribe) in order

6 that, with respect to the period beginning on the

7 date of involuntary separation and ending on the

8 date of reemployment, petitioner shall, for retire9 ment purposes, be treated as if such separation had

10 not occurred; and

11 ‘‘(7) any payments required under this section

12 shall be payable out of the Postal Service Fund.

13 ‘‘(c) A determination under this section shall not be

14 subject to any administrative or judicial review.

15 ‘‘(d) For purposes of this section—

16 ‘‘(1) the term ‘Judicial Officer’ means the Judi17 cial Officer appointed under section 204;

18 ‘‘(2) the term ‘controlled substance’ has the

19 meaning given such term by section 102(6) of the

20 Controlled Drug Abuse Prevention and Control Act

21 of 1970;

22 ‘‘(3) the term ‘administrative law judge’ means

23 an administrative law judge appointed under section

24 3105 of title 5; and
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1 ‘‘(4) a confidential informant shall be consid2 ered to be ‘paid’ if such informant receives, or is to

3 receive, a monetary or nonmonetary benefit (includ4 ing any forbearance from a civil or criminal action)

5 for the services involved.’’.

6 (b) CHAPTER ANALYSIS.—The analysis for chapter

7 4 of title 39, United States Code, is amended by adding

8 at the end the following:

‘‘414. Provisions relating to certain improperly arrested individuals.’’.

Passed the House of Representatives October 5,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.