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106TH CONGRESS
1ST SESSION
H. R. 2731
To amend title 39, United States Code, to establish a notification system
under which individuals may elect not to receive mailings related to
skill contests or sweepstakes, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 5, 1999
Mr. BLAGOJEVICH introduced the following bill; which was referred to the
Committee on Government Reform
A BILL
To amend title 39, United States Code, to establish a notifi-
cation system under which individuals may elect not to
receive mailings related to skill contests or sweepstakes,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Consumer Choice and
Sweepstakes Control Act’’.
SEC. 2. REQUIREMENTS OF PROMOTERS OF SKILL CON-
TESTS OR SWEEPSTAKES MAILINGS.
(a) IN GENERAL.—Chapter 30 of title 39, United
States Code, is amended by adding after section 3015 the
following:
‘‘§ 3016. Nonmailable skill contests or sweepstakes
matter; notification to prohibit mailings
‘‘(a) DEFINITIONS.—In this section, the term—
‘‘(1) ‘promoter’ means any person who—
‘‘(A) originates and mails any skill contest
or sweepstakes; or
‘‘(B) originates and causes to be mailed
any skill contest or sweepstakes;
‘‘(2) ‘removal request’ means a request stating
that an individual elects to have the name and ad-
dress of such individual excluded from any list used
by a promoter for mailing skill contests or sweep-
stakes;
‘‘(3) ‘skill contest’ means a puzzle, game, com-
petition, or other contest in which—
‘‘(A) a prize is awarded or offered;
‘‘(B) the outcome depends predominately
on the skill of the contestant; and
‘‘(C) a purchase, payment, or donation is
required or implied to be required to enter the
contest; and
‘‘(4) ‘sweepstakes’ means a game of chance for
which no consideration is required to enter.
‘‘(b) NONMAILABLE MATTER.—
‘‘(1) IN GENERAL.—Matter otherwise legally ac-
ceptable in the mails described under paragraph
(2)—
‘‘(A) is nonmailable matter;
‘‘(B) shall not be carried or delivered by
mail; and
‘‘(C) shall be disposed of as the Postal
Service directs.
‘‘(2) NONMAILABLE
MATTER
DESCRIBED.—
Matter that is nonmailable matter referred to under
paragraph (1) is any matter that—
‘‘(A) is a skill contest or sweepstakes; and
‘‘(B)(i) is addressed to an individual who
made an election to be excluded from lists
under subsection (d); or
‘‘(ii) does not comply with subsection
(c)(1).
‘‘(c) REQUIREMENTS OF PROMOTERS.—
‘‘(1) NOTICE TO INDIVIDUALS.—Any promoter
who mails a skill contest or sweepstakes shall pro-
vide with each mailing a statement that—
‘‘(A) is clearly and conspicuously displayed;
‘‘(B) includes the address or toll-free tele-
phone number of the notification system estab-
lished by such promoter under paragraph (2);
and
‘‘(C) states that the notification system
may be used to prohibit the mailing of all skill
contests or sweepstakes by that promoter to
such individual.
‘‘(2) NOTIFICATION
SYSTEM.—Any promoter
that mails or causes to be mailed a skill contest or
sweepstakes shall establish and maintain a notifica-
tion system that provides for any individual (or
other duly authorized person) to notify the system of
the individual’s election to have the name and ad-
dress of the individual excluded from all lists of
names and addresses used by that promoter to mail
any skill contest or sweepstakes.
‘‘(d) ELECTION TO BE EXCLUDED FROM LISTS.—
‘‘(1) IN
GENERAL.—An individual (or other
duly authorized person) may elect to exclude the
name and address of that individual from all lists of
names and addresses used by a promoter of skill
contests or sweepstakes by submitting a removal re-
quest to the notification system established under
subsection (c).
‘‘(A) the individual whose name and ad-
dress is to be excluded; or
‘‘(B) another duly authorized person.
‘‘(f) PROHIBITION ON COMMERCIAL USE OF LISTS.—
‘‘(1) IN GENERAL.—
‘‘(A) PROHIBITION.—No person may pro-
vide any information (including the sale or rent-
al of any name or address) derived from a list
described under subparagraph (B) to another
person for commercial use.
‘‘(B) LISTS.—A list referred to under sub-
paragraph (A) is any list of names and address-
es (or other related information) compiled from
individuals who exercise an election under sub-
section (d).
‘‘(2) CIVIL PENALTY.—Any person who violates
paragraph (1) shall be assessed a civil penalty by the
Postal Service not to exceed $2,000,000 per viola-
tion.
‘‘(g) CIVIL PENALTIES.—
‘‘(1) IN GENERAL.—Any promoter—
‘‘(A) who recklessly mails nonmailable
matter in violation of subsection (b) shall be lia-
ble to the United States in an amount of
$10,000 per violation for each mailing to an in-
dividual of nonmailable matter; or
‘‘(B) who fails to comply with the require-
ments of subsection (c)(2) shall be liable to the
United States.
‘‘(2) ENFORCEMENT.—The Postal Service shall
assess civil penalties under this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 30 of title 39, United States Code, is amended
by adding after the item relating to section 3015 the fol-
lowing:
‘‘3016. Nonmailable skill contests or sweepstakes matter; notification to prohibit
mailings.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect 8 months after the date of
enactment of this Act.
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