§ 3007. — Detention of mail for temporary periods.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 39USC3007]
TITLE 39--POSTAL SERVICE
PART IV--MAIL MATTER
CHAPTER 30--NONMAILABLE MATTER
Sec. 3007. Detention of mail for temporary periods
(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.
(Pub. L. 91-375, Aug. 12, 1970, 84 Stat. 747; Pub. L. 106-168, title I,
Sec. 105(a), Dec. 12, 1999, 113 Stat. 1810.)
References in Text
Rule 65 of the Federal Rules of Civil Procedure, referred to in
subsec. (a)(1), is set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.
Amendments
1999--Pub. L. 106-168 added subsecs. (a) and (b), struck out former
subsec. (a) which provided for injunctive relief and other orders by the
district court in which the defendant gets his mail, and redesignated
former subsec. (b) as (c).
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-168 effective 120 days after Dec. 12, 1999,
see section 111 of Pub. L. 106-168, set out as a note under section 3001
of this title.
Section Referred to in Other Sections
This section is referred to in sections 3005, 3011, 3012, 3013 of
this title.
