I

103D CONGRESS

2D SESSION H. R. 3796

To provide that a person may use a private express for the private carriage

of certain letters and packets without being penalized by the Postal

Service, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 3, 1994

Mr. FRANKS of New Jersey (for himself, Mr. UPTON, Mr. DELAY, Mr.

ARMEY, Mr. BACHUS of Alabama, Mr. BAKER of California, Mr. BARTLETT of Maryland, Mr. BOEHNER, Mr. BURTON of Indiana, Mr. CALVERT, Mr. CANADY, Mr. DOOLITTLE, Mr. DORNAN, Mr. EWING, Mr.

GOSS, Mr. GUNDERSON, Mr. HOBSON, Mr. HUFFINGTON, Mr. KIM, Mr.

LEWIS of Florida, and Mr. ROHRABACHER) introduced the following bill;

which was referred jointly to the Committees on Post Office and Civil

Service and the Judiciary

A BILL

To provide that a person may use a private express for

the private carriage of certain letters and packets without

being penalized by the Postal Service, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. PRIVATE CARRIAGE OF CERTAIN LETTERS AND

2 PACKETS.

3 (a) POSTAL SERVICE ADMINISTRATION.—(1) Section

4 601(a) of title 39, United States Code, is amended by

5 striking out ‘‘A letter’’ and inserting in lieu thereof ‘‘Sub6 ject to the provisions of section 607, a letter’’.

7 (2)(A) Chapter 6 of title 39, United States Code, is

8 amended by adding after section 606 the following new

9 section:

10 ‘‘§ 607. Administration relating to certain letters and

11 packets

12 ‘‘In the administration of the provisions of this chap13 ter and chapter 4 of this title by the Postal Service or

14 the Attorney General of the United States and in the ad15 ministration of sections 1693 through 1699 of title 18 by

16 the Attorney General of the United States, the Postal

17 Service or the Attorney General of the United States, re18 spectively, may not fine or otherwise penalize any person

19 who transmits by private express or other unlawful means,

20 or delivers to any agent thereof, or deposits at any ap21 pointed place, for the purpose of being so transmitted any

22 letter or packet.’’.

23 (B) The table of sections for chapter 6 of title 39,

24 United States Code, is amended by adding after the item

25 relating to section 606 the following:

‘‘607. Administration relating to certain letters and packets.’’.
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1 (b) PRIVATE EXPRESS PROVISIONS.—(1) Chapter 83

2 of title 18, United States Code, is amended—

3 (A) in section 1696—

4 (i) by striking out subsection (b); and

5 (ii) by redesignating subsection (c) as sub6 section (b); and

7 (B) by inserting after section 1699 the follow8 ing new section:

9 ‘‘§ 1699A. Application of postal service provisions

10 ‘‘The provisions of sections 1693 through 1699 of

11 this title shall be subject to the provisions of section 607

12 of title 39.’’.

13 (2) The table of sections for chapter 83 of title 18,

14 United States Code, is amended by inserting after the

15 item relating to section 1699 the following:

‘‘1699A. Application of Postal Service provisions.’’.

16 SEC. 2. SEARCHES.

17 Section 603 of title 39, United States Code, is

18 amended by striking ‘‘The Postal Service’’ and inserting:

19 ‘‘(a) Except as provided in subsection (b), the Postal

20 Service’’ and by adding at the end the following:

21 ‘‘(b) The Postal Service may not authorize any officer

22 or employee of the Postal Service to make searches of mail

23 matter listed in subsection (a) in any store or office of

24 a customer of a common carrier or transportation com25 pany.’’.
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