IIA
103D CONGRESS
2D SESSION
H. R. 4400
IN THE SENATE OF THE UNITED STATES
JUNE 29 (legislative day, JUNE 7), 1994
Received; read twice and referred to the Committee on Governmental Affairs
AN ACT
To amend title 39, United States Code, to prevent the use
of paid confidential informants by the United States
Postal Service in certain narcotics investigations; to re-
quire that the appointment of the Inspector General of
the United States Postal Service be made by the Presi-
dent, with the advice and consent of the Senate; and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Postal Inspection Serv-
ice and Inspector General Act’’.
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SEC. 2. RESTRICTION ON THE USE OF PAID CONFIDENTIAL
INFORMANTS BY THE POSTAL SERVICE.
(a) CONFIDENTIAL INFORMANTS.—
(1) RESTRICTION.—Section 404 of title 39,
United States Code, is amended by adding at the
end the following:
‘‘(c)(1) The Postal Service may not retain the serv-
ices of a paid confidential informant for purposes of any
investigation concerning the possible violation of any law
relating to controlled substances, unless the unlawful use
of the mails is involved.
‘‘(2) The Postal Service shall render a semiannual re-
port to the Congress concerning any investigation—
‘‘(A) in which the Postal Service retains the
services of a paid confidential informant; and
‘‘(B) which results in the arrest of 1 or more
individuals for violating any law relating to con-
trolled substances.
‘‘(3) For the purpose of this subsection—
‘‘(A) 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; and
‘‘(B) a confidential informant shall be consid-
ered to be ‘paid’ if such informant receives, or is to
receive, a monetary or nonmonetary benefit (includ-
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ing any forbearance from a civil or criminal action)
for the services involved.’’.
(2) APPLICABILITY.—The amendment made by
paragraph (1) shall apply with respect to any inves-
tigation commencing on or after the date of the en-
actment of this Act.
(b) OFFICERS.—
(1) IN
GENERAL.—Section 204 of title 39,
United States Code, is amended—
(A) by amending the section heading to
read as follows:
‘‘§ 204. Assistant Postmasters General; General Coun-
sel; Judicial Officer; Chief Postal Inspec-
tor’’;
(B) in the first sentence by striking ‘‘and
a Judicial Officer.’’ and inserting ‘‘a Judicial
Officer, and a Chief Postal Inspector.’’; and
(C) in the second sentence by striking
‘‘and the Judicial Officer’’ and inserting ‘‘the
Judicial Officer, and the Chief Postal Inspec-
tor’’.
(2) CONFORMING AMENDMENT.—The table of
sections for chapter 2 of title 39, United States
Code, is amended by striking the item relating to
section 204 and inserting the following:
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‘‘204. Assistant Postmasters General; General Counsel; Judicial Officer; Chief
Postal Inspector.’’.
SEC. 3. INSPECTOR GENERAL OF THE UNITED STATES
POSTAL SERVICE.
(a) DEFINITIONS.—Section 11 of the Inspector Gen-
eral Act of 1978 (5 U.S.C. App.) is amended—
(1) in paragraph (1) by inserting ‘‘the Post-
master General;’’ after ‘‘the Attorney General;’’; and
(2) in paragraph (2) by inserting ‘‘the United
States Postal Service,’’ after ‘‘Treasury;’’.
(b) TRANSFER OF FUNCTIONS.—Section 9(a) of the
Inspector General Act of 1978, as amended by section
203(g)(3)(A) of the National and Community Service
Trust Act of 1993 (Public Law 103-82; 107 Stat. 890),
is amended—
(1) in paragraph (1)—
(A) in subparagraph (U) by striking ‘‘and’’
after the semicolon; and
(B) by adding at the end the following:
‘‘(W) of the United States Postal Service,
that portion of the Postal Inspection Service
that is engaged in internal audit and program
review activities; and’’; and
(2) in paragraph (2) by inserting ‘‘(or, in the
case of the United States Postal Service, the Post-
master General, in consultation with the Board of
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Governors)’’ after ‘‘head of the establishment in-
volved’’.
(c) SPECIAL PROVISIONS.—The Inspector General
Act of 1978 is amended—
(1) by redesignating the first section designated
as section 8G as section 8H;
(2) by redesignating the second section des-
ignated as section 8G as section 8I; and
(3) by inserting after section 8F the following:
‘‘SPECIAL PROVISIONS CONCERNING THE UNITED STATES
POSTAL SERVICE
‘‘SEC. 8G. (a) In carrying out the duties and respon-
sibilities specified in this Act, the Inspector General of the
United States Postal Service shall have oversight respon-
sibility for all activities of the Postal Inspection Service,
including any internal investigation performed thereby.
The Chief Postal Inspector shall promptly report the sig-
nificant activities being carried out by the Postal Inspec-
tion Service to such Inspector General.
‘‘(b) Nothing in this Act shall restrict, eliminate, or
otherwise adversely affect any of the rights, privileges, or
benefits of either employees of the United States Postal
Service, or labor organizations representing employees of
the United States Postal Service, under chapter 12 of title
39, United States Code, the National Labor Relations Act,
any handbook or manual affecting employee labor rela-