[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3884 Introduced in House (IH)]







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.

    Be it enacted by the Senate and House of Representatives 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 redesignated 
        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 public 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 injunction pursuant 
to rule 65 of the Federal Rules of Civil Procedure directing the 
detention of the defendant's incoming 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 alleged unlawful activity. An action 
taken by a court hereunder 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 determine if a temporary 
        restraining order or preliminary injunction directing the 
        detention of the defendant's incoming mail should be 
        entered.''; and
            (B) in paragraph (3)(C) by striking ``to determine probable 
        cause, in accordance with paragraph (2) of this subsection.'' 
        and inserting ``to determine if a temporary restraining order 
        or preliminary injunction directing the detention of the 
        defendant's incoming mail should be entered.''.
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