I

104TH CONGRESS

2D SESSION H. R. 3884

To amend title 39, United States Code, to require that traditional equitable

principles be applied by the United States Postal Service in determining

whether or not to exercise its temporary detention authority with respect

to mail alleged to be deceptive or misleading.

IN THE HOUSE OF REPRESENTATIVES

JULY 24, 1996

Mr. FOX of Pennsylvania (for himself, Mr. CLINGER, and Mr. MICA) introduced the following bill; which was referred to the Committee on Government Reform and Oversight

A BILL

To amend title 39, United States Code, to require that

traditional equitable principles be applied by the United

States Postal Service in determining whether or not to

exercise its temporary detention authority with respect

to mail alleged to be deceptive or misleading.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Postal Service Due

5 Process Act’’.
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1 SEC. 2. REQUIREMENT.

2 (a) IN GENERAL.—Section 3007 of title 39, United

3 States Code, is amended—

4 (1) by redesignating subsections (a) and (b) as

5 subsections (b) and (c), respectively;

6 (2) in subsection (b) (as so redesignated by

7 paragraph (1)) by striking ‘‘sections 3005 and

8 3006’’ and inserting ‘‘section 3006’’; and

9 (3) by inserting before subsection (b) (as so re10 designated by paragraph (1)) the following:

11 ‘‘(a) In preparation for or during the pendency of

12 proceedings under section 3005, the United States district

13 court in the district in which the defendant receives his

14 mail shall, upon application therefor by the Postal Service

15 and upon a showing that—

16 ‘‘(1) the Postal Service is likely to prevail in

17 such proceedings,

18 ‘‘(2) the public would suffer irreparable harm if

19 the application were not granted,

20 ‘‘(3) no adequate remedy at law exists, and

21 ‘‘(4) the harm that would be caused to the pub22 lic by not granting the application exceeds the harm

23 that would be caused to the defendant by granting

24 such application,

25 enter a temporary restraining order and preliminary in26 junction pursuant to rule 65 of the Federal Rules of Civil
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1 Procedure directing the detention of the defendant’s in2 coming mail by the postmaster pending the conclusion of

3 the statutory proceedings and any appeal therefrom. The

4 district court shall provide in the order that the detained

5 mail be open to examination by the defendant and such

6 mail be delivered as is clearly not connected with the al7 leged unlawful activity. An action taken by a court here8 under shall not affect or determine any fact at issue in

9 the statutory proceedings.’’.

10 (b) CONFORMING AMENDMENTS.—(1) Section

11 3012(a)(3) of title 39, United States Code, is amended

12 by striking ‘‘section 3007(b)’’ and inserting ‘‘section

13 3007(c)’’.

14 (2) Section 3005(e) of title 39, United States Code,

15 is amended—

16 (A) in paragraph (2) by striking ‘‘to determine

17 if there is probable cause to believe that a violation

18 of this section has occurred.’’ and inserting ‘‘to de19 termine if a temporary restraining order or prelimi20 nary injunction directing the detention of the de21 fendant’s incoming mail should be entered.’’; and

22 (B) in paragraph (3)(C) by striking ‘‘to deter23 mine probable cause, in accordance with paragraph

24 (2) of this subsection.’’ and inserting ‘‘to determine

25 if a temporary restraining order or preliminary in-
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1 junction directing the detention of the defendant’s

2 incoming mail should be entered.’’.

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