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39 U.S.C. § 3007 — Detention of mail for temporary periods
Federal law — U.S. Code and appendices · legal_authorities
**(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 mail, 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
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Source file: Laws/federal/codes/united-states-code/title-39/section-3007-detention-of-mail-for-temporary-periods--a2be52c11d.md
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Source location: Title 39, Chapter 30, § 3007; chapter-030-nonmailable-matter.md
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**(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 mail, 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.
**(c)** This section does not apply to mail addressed to publishers of newspapers and other periodical publications entitled to a periodical publication rate or to mail addressed to the agents of those publishers.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Matter the deposit of which in the mails is punishable under section 1302, 1341, 1342, 1461, 1463, 1715, 1716, 1717, or 1738 11 See References in Text note below. of title 18, or section 26 of the Animal Welfare Act is nonmailable.
**(b)** Except as provided in subsection (c) of this section, nonmailable matter which reaches the office of delivery, or which may be seized or detained for violation of law, shall be disposed of as the Postal Service shall direct.
**(c)**
(1) Matter which—
(A) exceeds the size and weight limits prescribed for the particular class of mail; or
(B) is of a character perishable within the period required for transportation and delivery;
is nonmailable.
(2) Matter made nonmailable by this subsection which reaches the office of destination may be delivered in accordance with its address, if the party addressed furnishes the name and address of the sender.
**(d)** Matter otherwise legally acceptable in the mails which—
(1) is in the form of, and reasonably could be interpreted or construed as, a bill, invoice, or statement of account due; but
(2) constitutes, in fact, a solicitation for the order by the addressee of goods or services, or both;
is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless such matter bears on its face, in conspicuous and legible type in contrast by typography, layout, or color with other printing on its face, in accordance with regulations which the Postal Service shall prescribe—
(A) the following notice: “This is a solicitation for the order of goods or services, or both, and not a bill, invoice, or statement of account due. You are under no obligation to make any payments on account of this offer unless you accept this off
Source: Supplied U.S. Code snapshot — release unconfirmed · 39 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The United States Postal Service shall be operated as a basic and fundamental service provided to the people by the Government of the United States, authorized by the Constitution, created by Act of Congress, and supported by the people. The Postal Service shall have as its basic function the obligation to provide postal services to bind the Nation together through the personal, educational, literary, and business correspondence of the people. It shall provide prompt, reliable, and efficient services to patrons in all areas and shall render postal services to all communities. The costs of establishing and maintaining the Postal Service shall not be apportioned to impair the overall value of such service to the people.
**(b)** The Postal Service shall maintain an integrated network for the delivery of market-dominant and competitive products (as defined in chapter 36 of this title). Delivery shall occur at least six days a week, except during weeks that include a Federal holiday, in emergency situations, such as natural disasters, or in geographic areas where the Postal Service has established a policy of delivering mail fewer than six days a week as of the date of enactment of the Postal Service Reform Act of 2022. The Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining. No small post office shall be closed solely for operating at a deficit, it being the specific intent of the Congress that effective postal services be insured to residents of both urban and rural communities.
**(c)** As an employer, the Postal Service shall achieve and maintain compensation for its officers and employees comparable to the rates and types of compensation pa
Source: Supplied U.S. Code snapshot — release unconfirmed · 39 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Upon evidence satisfactory to the Postal Service that any person is engaged in conducting a scheme or device for obtaining money or property through the mail by means of false representations, including the mailing of matter which is nonmailable under section 3001(d), (h), (i), (j), or (k) of this title, or is engaged in conducting a lottery, gift enterprise, or scheme for the distribution of money or of real or personal property, by lottery, chance, or drawing of any kind, the Postal Service may issue an order which—
(1) directs the postmaster of the post office at which mail arrives, addressed to such a person or to his representative, to return such mail to the sender appropriately marked as in violation of this section, if the person, or his representative, is first notified and given reasonable opportunity to be present at the receiving post office to survey the mail before the postmaster returns the mail to the sender;
(2) forbids the payment by a postmaster to the person or his representative of any money order or postal note drawn to the order of either and provides for the return to the remitter of the sum named in the money order or postal note; and
(3) requires the person or his representative to cease and desist from engaging in any such scheme, device, lottery, or gift enterprise.
For purposes of the preceding sentence, the mailing of matter which is nonmailable under such section 3001(d), (h), (i), (j), or (k) by any person shall constitute prima facie evidence that such person is engaged in conducting a scheme or device for obtaining money or property through the mail by false representations.
**(b)** The public advertisement by a person engaged in activities covered by subsection (a) of this section, that remittances may be made by mail to a
Source: Supplied U.S. Code snapshot — release unconfirmed · 39 U.S.C. § 3005
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Federal law — U.S. Code and appendices · legal_authorities
The Postmaster General shall submit semiannual reports to the Inspector General summarizing the investigative activities of the Postal Service. One semiannual report shall be submitted for the reporting period beginning on October 1 and ending on March 31, and the other semiannual report shall be submitted for the reporting period beginning on April 1 and ending on September 30. Each such report shall be submitted within 1 month (or such shorter length of time as the Inspector General may specify) after the close of the reporting period involved and shall include with respect to such reporting period—
(1) a summary of any proceedings instituted under [section 3005 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3005&num=0&edition=prelim), and the results of those and of any other such proceedings decided, settled, or otherwise concluded during such period;
(2) the number of cases in which the authority described in [section 3005(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3005/e&num=0&edition=prelim) was used;
(3) the number of applications for temporary restraining orders or preliminary injunctions submitted under [section 3007 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3007&num=0&edition=prelim) and, of those applications, the number granted;
(4) the total amount of expenditures and obligations incurred in carrying out the investigative activities of the Postal Service;
(5) the number of cases in which the authority described in section 3016 was used, and a comprehensive statement describing how that authority was used in each of those cases; and
(6) such other information relating to the investigative activities of the Po
Source: Supplied U.S. Code snapshot — release unconfirmed · 39 U.S.C. § 3013
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Federal law — U.S. Code and appendices · legal_authorities
Page 74
TITLE 39—POSTAL SERVICE
[§ 3006
Postmaster General (or any duly authorized
agent of the Postmaster General) may tender, at
any reasonable time and by any reasonable
means, the price advertised or otherwise re-
quested for any article or service that such per-
son has offered to provide through the mails.
(2) A failure to provide the article or service
offered after the Postmaster General or his
agent has tendered the price advertised or other-
wise requested in the manner described in para-
graph (1) of this subsection, and any reasons for
such failure, may be considered in a proceeding
held under section 3007 of this title to determine
if there is probable cause to believe that a viola-
tion of this section has occurred.
(3) The Postmaster General shall prescribe
regulations under which any individual seeking
to make a purchase on behalf of the Postal Serv-
ice under this subsection from any person
shall—
(A) identify himself as an employee or au-
thorized agent of the Postal Service, as the
case may be;
(B) state the nature of the conduct under in-
vestigation; and
(C) inform such person that the failure to
complete the transaction may be considered in
a proceeding under section 3007 of this title to
determine probable cause, in accordance with
paragraph (2) of this subsection.
(Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 747; Pub. L.
93–583, § 4, Jan. 2, 1975, 88 Stat. 1916; Pub. L.
94–525, § 2, Oct. 17, 1976, 90 Stat. 2478; Pub. L.
95–360, Sept. 9, 1978, 92 Stat. 594; Pub. L. 98–186,
§ 2, Nov. 30, 1983, 97 Stat. 1315; Pub. L. 100–625,
§ 2(c), Nov. 7, 1988, 102 Stat. 3205; Pub. L. 101–524,
§ 2(b), Nov. 6, 1990, 104 Stat. 2302; Pub. L. 102–71,
§ 2(2), July 10, 1991, 105 Stat. 330; Pub. L. 106–168,
title I, §§ 104, 105(b)(2)(A), Dec. 12
Source: Supplied 2024 U.S. Code historical extraction · 39 U.S.C. § 3007
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