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HR 9076

Postal Data Privacy Act of 2026

119th Congress Introduced by Angie Craig and 8 co-sponsors

Requires a court order to use mail covers in investigations, with a 90-day (renewable 90) retention window and mandatory preservation by the Chief Postal Inspector.

Introduced in House
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WeVote Research Nonpartisan
Bill Summary · HR 9076

Summary of HR 9076 — Postal Data Privacy Act of 2026

Purpose and intent

  • The bill establishes tighter controls on the government’s use of mail covers in criminal investigations.
  • It requires a court order to authorize the use of mail covers, aiming to strengthen privacy protections for mail privacy under the U.S. Code and regulations governing mail surveillance.

Key provisions and changes

  • New statutory provision added: Inserts proposed new § 1738 into Chapter 83 of Title 18, United States Code.

    • Restriction on use of mail covers:
    • Government entities may not use a mail cover without a court order.
    • Court order requirements:
    • A court order can be issued by any court of competent jurisdiction.
    • The court may issue a mail cover order only if the government demonstrates specific and articulable facts indicating reasonable grounds that mail covers are relevant and material to an ongoing criminal investigation.
    • If the request comes from a State governmental authority, the court order cannot issue if prohibited by the laws of that State.
    • Clarification on the term:
    • Defines “mail cover” by reference to 39 C.F.R. § 233.3 (or any successor regulation), ensuring consistency with existing regulatory definitions.

  • Preservation of evidence and retention timeline:

    • Duty to preserve: The Chief Postal Inspector must take all necessary steps to preserve records and other evidence in its possession upon request from a governmental entity, pending a court order or other process.
    • Retention period: Preserved records must be kept for 90 days, with the possibility to renew for an additional 90 days upon a renewed governmental request. This creates a capped retention window absent further process.

  • Technical and clerical updates:

    • Administrative language adds a cross-reference to insert the new section 1738 into the table of sections for Chapter 83.

Who would be affected

  • Government entities (federal and, where applicable, state authorities) engaged in criminal investigations using mail cover information.
  • The Chief Postal Inspector and related USPS enforcement components responsible for preserving evidence.
  • Individuals whose mail is covered by mail covers, as the bill creates a higher threshold (court order) for the government to access such information, with a defined retention window for preserved records.

Procedural and timeline aspects

  • Effective mechanism: The bill would require issuance of a court order prior to any mail cover usage, introducing stronger judicial oversight into mail cover operations.
  • State-law considerations: In states with prohibitions on mail cover orders, state authorities would be constrained by those state laws.
  • Preservation timeline: There is a defined 90-day retention window for preserved records, extendable by another 90 days upon renewed government request—potentially limiting how long retained data can be held without further action.

Practical impacts and considerations

  • Enhances privacy protections by mandating court oversight for mail cover use.
  • Could introduce delays in investigations where mail cover data is pertinent, due to the requirement of obtaining a court order.
  • Provides a clearer, time-limited framework for preserving and handling mail cover records.
  • Aligns with broader privacy trends emphasizing judicial warrants for surveillance-related data.

Note: The bill, introduced May 29, 2026, has bipartisan sponsors including Mary Gay Scanlon, Hank Johnson, Angie Craig, Eleanor Holmes Norton, Sara Jacobs, Jim McGovern, and Marc Veasey, and was referred to the House Judiciary Committee.

Compiled from official sources — confirm details with the bill’s official record.

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