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 proce-
dures 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 Representa-
tives 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 follow-
ing:
‘‘§ 414. Provisions relating to certain improperly ar-
rested individuals
‘‘(a) Not later than 90 days after the date of the en-
actment of this section, the Judicial Officer shall by regu-
lation establish procedures under which any individual de-
scribed 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 sepa-
rated 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 in-
formants 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 re-
employment 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 sec-
tion shall be considered by a panel of 3 administra-
tive law judges who shall be—
‘‘(A) qualified by virtue of their back-
ground, objectivity, and experience; and
‘‘(B) individuals detailed to the Postal
Service, for purposes of this section, on a reim-
bursable 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 ac-
tions of the Inspection Service or its paid confiden-
tial 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 peti-
tioner, 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 con-
tribute 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 retire-
ment 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 Judi-
cial 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 consid-
ered to be ‘paid’ if such informant receives, or is to
receive, a monetary or nonmonetary benefit (includ-
ing 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.’’.
Passed the House of Representatives October 5,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.