Sec. 402. Inspector General of the United States Postal Service and the Postal Regulatory Commission
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Section 8G of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— in subsection (a)— in paragraph (2), by striking the United States International Trade Commission, the Postal Regulatory Commission, and the United States Postal Service and inserting the United States International Trade Commission, and the United States Postal Service and the Postal Regulatory Commission ; and in paragraph (4), by striking subparagraph
(B)and inserting the following: with respect to the United States Postal Service and the Postal Regulatory Commission, such term, for purposes of oversight of— the United States Postal Service, means the Governors (as defined in section 102(3) of title 39, United States Code); and the Postal Regulatory Commission, means the Chairman of the Postal Regulatory Commission; ; in subsection (d)(1), by inserting or subsection (f)(3) after Except as provided in paragraph
(2); and in subsection (f)— by striking paragraph
(1)and inserting the following: There is established in the United States Postal Service the Office of the Inspector General of the United States Postal Service and the Postal Regulatory Commission. There shall be at the head of the Office of the Inspector General of the United States Postal Service and the Postal Regulatory Commission an Inspector General (referred to in this subsection as the Inspector General ) who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. The Inspector General may be removed from office by the President. If the Inspector General is removed from office or is transferred to another position or location within the United States Postal Service, the President shall communicate in writing the reasons for any such removal or transfer to both Houses of Congress, not later than 30 days before the removal or transfer. Nothing in this subparagraph shall prohibit a personnel action otherwise authorized by law, other than transfer or removal. For the purposes of section 7324 of title 5, United States Code, the Inspector General shall not be considered to be an employee who determines policies to be pursued by the United States in the nationwide administration of Federal laws. The Inspector General shall have all of the authorities and responsibilities provided by this Act with respect to the Postal Regulatory Commission, as if the Postal Regulatory Commission were part of the United States Postal Service. ; in paragraph (2), by striking of the United States Postal Service (hereinafter in this subsection referred to as the ; Inspector General ) in paragraph (3)— in subparagraph (A)— in clause (i), in the matter preceding subclause (I), by inserting relating to the United States Postal Service before which require access to sensitive information ; and in clause (iii), by striking Committee on Governmental Affairs of the Senate and inserting Committee on Homeland Security and Governmental Affairs of the Senate ; in subparagraph (B)(i), by inserting and the Postal Regulatory Commission after United States Postal Service ; and in subparagraph (C), by striking Committee on Governmental Affairs of the Senate and inserting Committee on Homeland Security and Governmental Affairs of the Senate ; in paragraph (4), by adding at the end the following: Nothing in this paragraph may be invoked by the United States Postal Service to restrict or limit any audit or investigation that the Inspector General considers appropriate. ; and in paragraph (6), by inserting and the Postal Regulatory Commission after United States Postal Service . During the period beginning on the date of enactment of this Act and ending on the date on which the first individual is appointed as Inspector General of the United States Postal Service and the Postal Regulatory Commission after the date of enactment of this Act, the Inspector General of the United States Postal Service shall have all of the authorities and responsibilities provided by the Inspector General Act of 1978 (5 U.S.C. App.) with respect to the Postal Regulatory Commission on the day before the date of enactment of this Act, as if the Postal Regulatory Commission were part of the United States Postal Service. The personnel employed in the Office of the Inspector General of the United States Postal Service are transferred to the Office of the Inspector General of the United States Postal Service and the Postal Regulatory Commission. The personnel employed in the Office of the Inspector General of the Postal Regulatory Commission may be transferred to the other offices of the Postal Regulatory Commission. Any unobligated amounts made available to carry out the functions of the Office of the Inspector General of the Postal Regulatory Commission before the date of enactment of this Act shall be used to establish and revise modern service standards and measure performance under section 3691 of title 39, United States Code, as amended by section 210(a) of this Act. During the 1-year period beginning on the date of enactment of this Act, any full-time or part-time employee who, on the day before such date of enactment, was employed in a permanent position in the Office of the Inspector General of the Postal Regulatory Commission, shall not be separated or reduced in grade or compensation because of the transfer under an amendment made by this section. Title 39, United States Code, is amended— in section 102(4), by striking section 202(e) of this title and inserting section 8G(f)(1)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) ; in section 202, by striking subsection (e); in section 504, by striking subsection (h); in section 1001(b), in the first sentence, by inserting , and after section 8G(f)(1)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) 1001(c) of this title ; in section 1003(b), by striking 11(2) and inserting 12(2) ; in section 1005(a)(3), by inserting , and after section 8G(f)(1)(B) of the Inspector General Act of 1978 (5 U.S.C. App.) 1001(c) of this title ; in section 2009, by inserting and the Postal Regulatory Commission after United States Postal Service ; and in section 2011(h)(2)(D), by inserting and the Postal Regulatory Commission after United States Postal Service . Section 662(d) of the Omnibus Consolidated Appropriations Act, 1997 ( 39 U.S.C. 2802 note) is amended— in paragraph (1)— in the paragraph heading, by inserting after and the Postal Regulatory Commission ; Postal Service in subparagraph (A), by inserting and the Postal Regulatory Commission after Postal Service ; and in subparagraph (B)(i), by inserting and the Postal Regulatory Commission after Postal Service ; and in the first sentence of paragraph (2), by inserting and the Postal Regulatory Commission after Postal Service . The provisions of this Act shall not affect suits commenced before the effective date of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. No suit, action, or other proceeding commenced by or against the Inspector General of the United States Postal Service or the Inspector General of the Postal Regulatory Commission, or by or against any individual in the official capacity of such individual as an officer of the Office of the Inspector General of the United States Postal Service or the Office of the Inspector General of the Postal Regulatory Commission shall abate by reason of the enactment of this Act. If, before the effective date of this Act, the Office of the Inspector General of the United States Postal Service or the Office of the Inspector General of the Postal Regulatory Commission or officer thereof in the official capacity of such officer, is party to a suit, and under this Act any function of the Office of the Inspector General of the United States Postal Service or the Office of the Inspector General of the Postal Regulatory Commission or officer is transferred to the Inspector General of the United States Postal Service and the Postal Regulatory Commission or any other official of the Office of the Inspector General of the United States Postal Service and the Postal Regulatory Commission, then such suit shall be continued with the Inspector General of the United States Postal Service and the Postal Regulatory Commission or other appropriate official of the Office of the Inspector General of the United States Postal Service and the Postal Regulatory Commission substituted or added as a party. Except with respect to the amendment made by subsection (a)(1)(A) relating to the Postal Regulatory Commission and the amendment made by subsection (d)(1)(C), the amendments made by this section shall apply with respect to the first individual appointed as Inspector General of the United States Postal Service and the Postal Regulatory Commission after the date of enactment of this Act. Nothing in this Act may be construed to alter the authority or the length of the term of the individual serving as Inspector General of the United States Postal Service on the date of enactment of this Act. On and after the date on which the first individual is appointed as Inspector General of the United States Postal Service and the Postal Regulatory Commission after the date of enactment of this Act, each reference in this Act to the Inspector General of the Postal Service shall be deemed to be a reference to the Inspector General of the United States Postal Service and the Postal Regulatory Commission. Chapter 4 of title 39, United States Code, is amended by adding at the end the following: The Postal Service may transfer such resources to the Inspector General for waste, fraud, and abuse investigations as the Postal Service determines necessary. . The table of sections for chapter 4 of title 39, United States Code, is amended by adding at the end the following: 417. Waste, fraud, and abuse investigations. .
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Sec. 402
Inspector General of the United States Postal Service and the Postal Regulatory Commission
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