TEMPORARY RESTRAINING ORDER FOR DECEPTIVE MAILINGS.

SEC. 105. TEMPORARY RESTRAINING ORDER FOR DECEPTIVE MAILINGS. (a) In General.— Section 3007 of title 39, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by striking subsection (a) and inserting the following: “(a) (1) In preparation for or during the pendency of proceedings under section 3005, the Postal Service may, under the provisions of section 409(d), apply to the district court in any district in which mail is sent or received as part of the alleged scheme, device, lottery, gift enterprise, sweepstakes, skill contest, or facsimile check or in any district in which the defendant is found, for a temporary restraining order and preliminary injunction under the procedural requirements of rule 65 of the Federal Rules of Civil Procedure. “(2) (A) Upon a proper showing, the court shall enter an order which shall— “(i) remain in effect during the pendency of the statutory proceedings, any judicial review of such proceedings, or any action to enforce orders issued under the proceedings; and “(ii) direct the detention by the postmaster, in any and all districts, of the defendant’s incoming mail and outgoing 113 STAT. 1811mail, which is the subject of the proceedings under section 3005. “(B) A proper showing under this paragraph shall require proof of a likelihood of success on the merits of the proceedings under section 3005. “(3) Mail detained under paragraph (2) shall— “(A) be made available at the post office of mailing or delivery for examination by the defendant in the presence of a postal employee; and “(B) be delivered as addressed if such mail is not clearly shown to be the subject of proceedings under section 3005. “(4) No finding of the defendant’s intent to make a false representation or to conduct a lottery is required to support the issuance of an order under this section. “(b) If any order is issued under subsection (a) and the proceedings under section 3005 are concluded with the issuance of an order under that section, any judicial review of the matter shall be in the district in which the order under subsection (a) was issued.”. (b) Repeal.— (1) In general.— Section 3006 of title 39, United States Code, and the item relating to such section in the table of sections for chapter 30 of such title are repealed. (2) Conforming amendments.— (A) Section 3005(c) of title 39, United States Code, is amended by striking “section and section 3006 of this title,” and inserting “section,”. (B) Section 3011(e) of title 39, United States Code, is amended by striking “3006, 3007,” and inserting “3007”.