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) intro-
duced the following bill; which was referred to the Committee on Govern-
ment 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.
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 Service Due
Process Act’’.
SEC. 2. REQUIREMENT.
(a) IN GENERAL.—Section 3007 of title 39, United
States Code, is amended—
(1) by redesignating subsections (a) and (b) as
subsections (b) and (c), respectively;
(2) in subsection (b) (as so redesignated by
paragraph (1)) by striking ‘‘sections 3005 and
3006’’ and inserting ‘‘section 3006’’; and
(3) by inserting before subsection (b) (as so re-
designated by paragraph (1)) the following:
‘‘(a) In preparation for or during the pendency of
proceedings under section 3005, the United States district
court in the district in which the defendant receives his
mail shall, upon application therefor by the Postal Service
and upon a showing that—
‘‘(1) the Postal Service is likely to prevail in
such proceedings,
‘‘(2) the public would suffer irreparable harm if
the application were not granted,
‘‘(3) no adequate remedy at law exists, and
‘‘(4) the harm that would be caused to the pub-
lic by not granting the application exceeds the harm
that would be caused to the defendant by granting
such application,
enter a temporary restraining order and preliminary in-
junction pursuant to rule 65 of the Federal Rules of Civil
Procedure directing the detention of the defendant’s in-
coming mail by the postmaster pending the conclusion of
the statutory proceedings and any appeal therefrom. The
district court shall provide in the order that the detained
mail be open to examination by the defendant and such
mail be delivered as is clearly not connected with the al-
leged unlawful activity. An action taken by a court here-
under shall not affect or determine any fact at issue in
the statutory proceedings.’’.
(b) 
CONFORMING
AMENDMENTS.—(1) 
Section
3012(a)(3) of title 39, United States Code, is amended
by striking ‘‘section 3007(b)’’ and inserting ‘‘section
3007(c)’’.
(2) Section 3005(e) of title 39, United States Code,
is amended—
(A) in paragraph (2) by striking ‘‘to determine
if there is probable cause to believe that a violation
of this section has occurred.’’ and inserting ‘‘to de-
termine if a temporary restraining order or prelimi-
nary injunction directing the detention of the de-
fendant’s incoming mail should be entered.’’; and
(B) in paragraph (3)(C) by striking ‘‘to deter-
mine probable cause, in accordance with paragraph
(2) of this subsection.’’ and inserting ‘‘to determine
if a temporary restraining order or preliminary in-
junction directing the detention of the defendant’s
incoming mail should be entered.’’.
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