106TH CONGRESS
1ST SESSION
H. R. 170
AN ACT
To require certain notices in any mailing using a
game of chance for the promotion of a product
or service, and for other purposes.
106TH CONGRESS
1ST SESSION
H. R. 170
AN ACT
To require certain notices in any mailing using a game
of chance for the promotion of a product or service,
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 ‘‘Deceptive Mail Preven-
tion and Enforcement Act’’.
SEC. 2. RESTRICTIONS ON MAILINGS USING MISLEADING
REFERENCES TO THE UNITED STATES GOV-
ERNMENT.
Section 3001 of title 39, United States Code, is
amended—
(1) in subsection (h)—
(A) in the first sentence by striking ‘‘con-
tains a seal, insignia, trade or brand name, or
any other term or symbol that reasonably could
be interpreted or construed as implying any
Federal Government connection, approval or en-
dorsement’’ and inserting the following: ‘‘which
reasonably could be interpreted or construed as
implying any Federal Government connection,
approval, or endorsement through the use of a
seal, insignia, reference to the Postmaster Gen-
eral, citation to a Federal statute, name of a
Federal agency, department, commission, or
program, trade or brand name, or any other
term or symbol; or contains any reference to
the Postmaster General or a citation to a Fed-
eral statute that misrepresents either the iden-
tity of the mailer or the protection or status af-
forded such matter by the Federal Govern-
ment’’; and
(B) in paragraph (2)—
(i) in subparagraph (A) by striking
‘‘and’’ at the end;
(ii) in subparagraph (B) by striking
‘‘or’’ at the end and inserting ‘‘and’’; and
(iii) by inserting after subparagraph
(B) the following:
‘‘(C) such matter does not contain a false
representation stating or implying that Federal
Government benefits or services will be affected
by any purchase or nonpurchase; or’’;
(2) in subsection (i) in the first sentence—
(A) in the first sentence by striking ‘‘con-
tains a seal, insignia, trade or brand name, or
any other term or symbol that reasonably could
be interpreted or construed as implying any
Federal Government connection, approval or en-
dorsement’’ and inserting the following: ‘‘which
reasonably could be interpreted or construed as
implying any Federal Government connection,
approval, or endorsement through the use of a
seal, insignia, reference to the Postmaster Gen-
eral, citation to a Federal statute, name of a
Federal agency, department, commission, or
program, trade or brand name, or any other
term or symbol; or contains any reference to
the Postmaster General or a citation to a Fed-
eral statute that misrepresents either the iden-
tity of the mailer or the protection or status af-
forded such matter by the Federal Govern-
ment’’; and
(B) in paragraph (2)—
(i) in subparagraph (A) by striking
‘‘and’’ at the end;
(ii) in subparagraph (B) by striking
‘‘or’’ at the end and inserting ‘‘and’’; and
(iii) by inserting after subparagraph
(B) the following:
‘‘(C) such matter does not contain a false
representation stating or implying that Federal
Government benefits or services will be affected
by any contribution or noncontribution; or’’;
(3) by redesignating subsections (j) and (k) as
subsections (m) and (n), respectively; and
(4) by inserting after subsection (i) the fol-
lowing:
‘‘(j)(1) Any matter otherwise legally acceptable in the
mails which is described in paragraph (2) is nonmailable
matter, shall not be carried or delivered by mail, and shall
be disposed of as the Postal Service directs.
‘‘(2) Matter described in this paragraph is any matter
that—
‘‘(A) constitutes a solicitation for the purchase
of or payment for any product or service that—
‘‘(i) is provided by the Federal Govern-
ment; and
‘‘(ii) may be obtained without cost from
the Federal Government; and
‘‘(B) does not contain a clear and conspicuous
statement giving notice of the information set forth
in clauses (i) and (ii) of subparagraph (A).’’.
SEC. 3. RESTRICTIONS ON SWEEPSTAKES AND DECEPTIVE
MAILINGS.
Section 3001 of title 39, United States Code, is
amended by inserting after subsection (j) (as added by sec-
tion 2(4) of this Act) the following:
‘‘(k)(1) In this subsection—
‘‘(A) the term ‘clearly and conspicuously dis-
played’ means presented in a manner that is readily
noticeable, readable, and understandable to the
group to whom the applicable matter is dissemi-
nated;
‘‘(B) the term ‘facsimile check’ means any mat-
ter that—
‘‘(i) is designed to resemble a check or
other negotiable instrument; but
‘‘(ii) is not negotiable;
‘‘(C) the term ‘skill contest’ means a puzzle,
game, competition, or other contest in which—
‘‘(i) a prize is awarded or offered;
‘‘(ii) the outcome depends predominately
on the skill of the contestant; and
‘‘(iii) a purchase, payment, or donation is
required or implied to be required to enter the
contest; and
‘‘(D) the term ‘sweepstakes’ means a game of
chance for which no consideration is required to
enter.
‘‘(2) Except as provided in paragraph (4), any matter
otherwise legally acceptable in the mails which is described
in paragraph (3) is nonmailable matter, shall not be car-
ried or delivered by mail, and shall be disposed of as the
Postal Service directs.
‘‘(3) Matter described in this paragraph is any matter
that—
‘‘(A)(i) includes entry materials for a sweep-
stakes or a promotion that purports to be a sweep-
stakes; and
‘‘(ii)(I) does not contain a statement that dis-
closes in the mailing, in the rules, and on the order
or entry form, that no purchase is necessary to enter
such sweepstakes;
‘‘(II) does not contain a statement that dis-
closes in the mailing, in the rules, and on the order
or entry form, that a purchase will not improve an
individual’s chances of winning with such entry;
‘‘(III) does not state all terms and conditions of
the sweepstakes promotion, including the rules and
entry procedures for the sweepstakes;
‘‘(IV) does not disclose the sponsor or mailer of
such matter and the principal place of business or
an address at which the sponsor or mailer may be
contacted;
‘‘(V) does not contain sweepstakes rules that
state—
‘‘(aa) the estimated odds of winning each
prize;
‘‘(bb) the quantity, estimated retail value,
and nature of each prize; and
or an address at which the sponsor or mailer may
be contacted; or
‘‘(III) does not contain skill contest rules that
state, as applicable—
‘‘(aa) the number of rounds or levels of the
contest and the cost to enter each round or
level;
‘‘(bb) that subsequent rounds or levels will
be more difficult to solve;
‘‘(cc) the maximum cost to enter all rounds
or levels;
‘‘(dd) the estimated number or percentage
of entrants who may correctly solve the skill
contest or the approximate number or percent-
age of entrants correctly solving the past 3 skill
contests conducted by the sponsor;
‘‘(ee) the identity or description of the
qualifications of the judges if the contest is
judged by other than the sponsor;
‘‘(ff) the method used in judging;
‘‘(gg) the date by which the winner or win-
ners will be determined and the date or process
by which prizes will be awarded;
‘‘(hh) the quantity, estimated retail value,
and nature of each prize; and
‘‘(ii) the schedule of any payments made
over time; or
‘‘(C) includes any facsimile check that does not
contain a statement on the check itself that such
check is not a negotiable instrument and has no
cash value.
‘‘(4) Matter that appears in a magazine, newspaper,
or other periodical shall be exempt from paragraph (2)
if such matter—
‘‘(A) is not directed to a named individual; or
‘‘(B) does not include an opportunity to make
a payment or order a product or service.
‘‘(5) Any statement, notice, or disclaimer required
under paragraph (3) shall be clearly and conspicuously
displayed. Any statement, notice, or disclaimer required
under subclause (I) or (II) of paragraph (3)(A)(ii) shall
be displayed more conspicuously than would otherwise be
required under the preceding sentence.
‘‘(6) In the enforcement of paragraph (3), the Postal
Service shall consider all of the materials included in the
mailing and the material and language on and visible
through the envelope or outside cover or wrapper in which
those materials are mailed.
‘‘(l)(1) Any person who uses the mails for any matter
to which subsection (h), (i), (j), or (k) applies shall adopt
reasonable practices and procedures to prevent the mailing
of such matter to any person who, personally or through
a conservator, guardian, or individual with power of
attorney—
‘‘(A) submits to the mailer of such matter a
written request that such matter should not be
mailed to such person; or
‘‘(B)(i) submits such a written request to the
attorney general of the appropriate State (or any
State government officer who transmits the request
to that attorney general); and
‘‘(ii) that attorney general transmits such re-
quest to the mailer.
‘‘(2) Any person who mails matter to which sub-
section (h), (i), (j), or (k) applies shall maintain or cause
to be maintained a record of all requests made under para-
graph (1). The records shall be maintained in a form to
permit the suppression of an applicable name at the appli-
cable address for a 5-year period beginning on the date
the written request under paragraph (1) is submitted to
the mailer.’’.
SEC. 4. POSTAL SERVICE ORDERS TO PROHIBIT DECEPTIVE
MAILINGS.
Section 3005(a) of title 39, United States Code, is
amended—
(1) by striking ‘‘or’’ after ‘‘(h),’’ each place it
appears; and
(2) by inserting ‘‘, (j), or (k)’’ after ‘‘(i)’’ each
place it appears.
SEC. 5. 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 sub-
section (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 dis-
trict court in any district in which mail is sent or received
as part of the alleged scheme, device, lottery, gift enter-
prise, sweepstakes, skill contest, or facsimile check or in
any district in which the defendant is found, for a tem-
porary 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.’’.
(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 in-
serting ‘‘3007’’.
SEC. 6. CIVIL PENALTIES AND COSTS.
Section 3012 of title 39, United States Code, is
amended—
(1) in subsection (a) by striking ‘‘$10,000 for
each day that such person engages in conduct de-
scribed by paragraph (1), (2), or (3) of this sub-
section.’’ and inserting ‘‘$50,000 for each mailing of
less than 50,000 pieces; $100,000 for each mailing
of 50,000 to 100,000 pieces; with an additional
$10,000 for each additional 10,000 pieces above
100,000, not to exceed $2,000,000.’’;
(2) in paragraphs (1) and (2) of subsection (b)
by inserting after ‘‘of subsection (a)’’ the following:
‘‘, (c), or (d)’’;
(3) by redesignating subsections (c) and (d), as
subsections (e) and (f), respectively; and
(4) by inserting after subsection (b) the fol-
lowing:
‘‘(c)(1) In any proceeding in which the Postal Service
may issue an order under section 3005(a), the Postal
Service may in lieu of that order or as part of that order
assess civil penalties in an amount not to exceed $25,000
for each mailing of less than 50,000 pieces; $50,000 for
each mailing of 50,000 to 100,000 pieces; with an addi-
tional $5,000 for each additional 10,000 pieces above
100,000, not to exceed $1,000,000.
‘‘(2) In any proceeding in which the Postal Service
assesses penalties under this subsection the Postal Service
shall determine the civil penalty taking into account the
nature, circumstances, extent, and gravity of the violation
or violations of section 3005(a), and with respect to the
violator, the ability to pay the penalty, the effect of the
penalty on the ability of the violator to conduct lawful
business, any history of prior violations of such section,
the degree of culpability and other such matters as justice
may require.
‘‘(d) Any person who violates section 3001(l) shall be
liable to the United States for a civil penalty not to exceed
$10,000 for each mailing to an individual.’’.
SEC. 7. ADMINISTRATIVE SUBPOENAS.
(a) IN GENERAL.—Chapter 30 of title 39, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 3016. Administrative subpoenas
‘‘(a) SUBPOENA AUTHORITY.—
‘‘(1) INVESTIGATIONS.—
‘‘(A) IN GENERAL.—In any investigation
conducted under section 3005(a), the Post-
master General may require by subpoena the
production of any records (including books, pa-
pers, documents, and other tangible things
which constitute or contain evidence) which the
Postmaster General considers relevant or mate-
rial to such investigation.
‘‘(B) CONDITION.—No subpoena shall be
issued under this paragraph except in accord-
ance with procedures, established by the Postal
Service, requiring that—
‘‘(i) a specific case, with an individual
or entity identified as the subject, be
opened before a subpoena is requested;
‘‘(ii) appropriate supervisory and legal
review of a subpoena request be performed;
and
‘‘(iii) delegation of subpoena approval
authority be limited to the Postal Service’s
General Counsel or a Deputy General
Counsel.
‘‘(2) STATUTORY PROCEEDINGS.—In any statu-
tory proceeding conducted under section 3005(a),
the Judicial Officer may require by subpoena the at-
tendance and testimony of witnesses and the produc-
tion of any records (including books, papers, docu-
ments, and other tangible things which constitute or
contain evidence) which the Judicial Officer con-
siders relevant or material to such proceeding.
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in
paragraph (2) shall be considered to apply in any
circumstance to which paragraph (1) applies.
‘‘(b) SERVICE.—
‘‘(1) SERVICE WITHIN THE UNITED STATES.—
A subpoena issued under this section may be served
by a person designated under section 3061 of title
18 at any place within the territorial jurisdiction of
any court of the United States.
‘‘(2) FOREIGN SERVICE.—Any such subpoena
may be served upon any person who is not to be
found within the territorial jurisdiction of any court
of the United States, in such manner as the Federal
Rules of Civil Procedure prescribe for service in a
foreign country. To the extent that the courts of the
United States may assert jurisdiction over such per-
son consistent with due process, the United States
District Court for the District of Columbia shall
have the same jurisdiction to take any action re-
specting compliance with this section by such person
that such court would have if such person were per-
sonally within the jurisdiction of such court.
‘‘(3) SERVICE ON BUSINESS PERSONS.—Service
of any such subpoena may be made upon a partner-
ship, corporation, association, or other legal entity
by—
‘‘(A) delivering a duly executed copy there-
of to any partner, executive officer, managing
agent, or general agent thereof, or to any agent
thereof authorized by appointment or by law to
receive service of process on behalf of such
partnership, corporation, association, or entity;
‘‘(B) delivering a duly executed copy there-
of to the principal office or place of business of
the partnership, corporation, association, or en-
tity; or
‘‘(C) depositing such copy in the United
States mails, by registered or certified mail, re-
turn receipt requested, duly addressed to such
partnership, corporation, association, or entity
at its principal office or place of business.
‘‘(4) SERVICE ON NATURAL PERSONS.—Service
of any subpoena may be made upon any natural per-
son by—
‘‘(A) delivering a duly executed copy to the
person to be served; or
‘‘(B) depositing such copy in the United
States mails, by registered or certified mail, re-
turn receipt requested, duly addressed to such
person at his residence or principal office or
place of business.
‘‘(5) VERIFIED RETURN.—A verified return by
the individual serving any such subpoena setting
forth the manner of such service shall be proof of
such service. In the case of service by registered or
certified mail, such return shall be accompanied by
the return post office receipt of delivery of such sub-
poena.
‘‘(c) ENFORCEMENT.—
‘‘(1) IN GENERAL.—Whenever any person, part-
nership, corporation, association, or entity fails to
comply with any subpoena duly served upon him, the
Postmaster General may request that the Attorney
General seek enforcement of the subpoena in the dis-
trict court of the United States for any judicial dis-
trict in which such person resides, is found, or
transacts business, and serve upon such person a pe-
tition for an order of such court for the enforcement
of this section.
‘‘(2) JURISDICTION.—Whenever any petition is
filed in any district court of the United States under
this section, such court shall have jurisdiction to
hear and determine the matter so presented, and to
enter such order or orders as may be required to
carry into effect the provisions of this section. Any
final order entered shall be subject to appeal under
section 1291 of title 28, United States Code. Any
disobedience of any final order entered under this
section by any court may be punished as contempt.
‘‘(d) DISCLOSURE.—Any documentary material pro-
vided pursuant to any subpoena issued under this section
shall be exempt from disclosure under section 552 of title
5, United States Code.’’.
(b) REGULATIONS.—Not later than 120 days after
the date of the enactment of this section, the Postal Serv-
ice shall promulgate regulations setting out the procedures
the Postal Service will use to implement the amendment
made by subsection (a).
(c) SEMIANNUAL REPORTS.—Section 3013 of title
39, United States Code, is amended by striking ‘‘and’’ at
the end of paragraph (4), by redesignating paragraph (5)
as paragraph (6), and by inserting after paragraph (4)
the following:
‘‘(5) the number of cases in which the authority
described in section 3016 was used, and a com-
prehensive statement describing how that authority
was used in each of those cases; and’’.
(d) TECHNICAL AND CONFORMING AMENDMENT.—
The table of sections for chapter 30 of title 39, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘3016. Administrative subpoenas.’’.
SEC. 8. REQUIREMENTS OF PROMOTERS OF SKILL CON-
TESTS OR SWEEPSTAKES MAILINGS.
(a) IN GENERAL.—Chapter 30 of title 39, United
States Code (as amended by section 7 of this Act) is
amended by adding after section 3016 the following:
‘‘§ 3017. Nonmailable skill contests or sweepstakes
matter; notification to prohibit mailings
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘promoter’ means any person
who—
‘‘(A) originates and mails any skill contest
or sweepstakes, except for any matter described
in section 3001(k)(4); or
‘‘(B) originates and causes to be mailed
any skill contest or sweepstakes, except for any
matter described in section 3001(k)(4);
‘‘(2) the term ‘removal request’ means a re-
quest stating that an individual elects to have the
name and address of such individual excluded from
any list used by a promoter for mailing skill contests
or sweepstakes;
‘‘(3) the terms ‘skill contest’, ‘sweepstakes’, and
‘clearly and conspicuously displayed’ have the same
meanings as given them in section 3001(k); and
‘‘(4) the term ‘duly authorized person’, as used
in connection with an individual, means a conser-
vator or guardian of, or person granted power of at-
torney by, such individual.
‘‘(b) NONMAILABLE MATTER.—
‘‘(1) IN GENERAL.—Matter otherwise legally ac-
ceptable in the mails described in 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 described in this paragraph is any matter
that—
‘‘(A) is a skill contest or sweepstakes, ex-
cept for any matter described in section
3001(k)(4); 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 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).
‘‘(2) RESPONSE AFTER SUBMITTING REMOVAL
REQUEST
TO
THE
NOTIFICATION
SYSTEM.—Not
later than 60 calendar days after a promoter re-
ceives a removal request pursuant to an election
under paragraph (1), the promoter shall exclude the
individual’s name and address from all lists of
names and addresses used by that promoter to select
recipients for any skill contest or sweepstakes.
‘‘(3) EFFECTIVENESS OF ELECTION.—An elec-
tion under paragraph (1) shall remain in effect, un-
less an individual (or other duly authorized person)
notifies 
the 
promoter 
in 
writing 
that 
such
individual—
‘‘(A) has changed the election; and
‘‘(B) elects to receive skill contest or
sweepstakes mailings from that promoter.
‘‘(e) PRIVATE RIGHT OF ACTION.—
‘‘(1) IN GENERAL.—An individual who receives
one or more mailings in violation of subsection (d)
may, if otherwise permitted by the laws or rules of
court of a State, bring in an appropriate court of
that State—
‘‘(A) an action to enjoin such violation;
‘‘(B) an action to recover for actual mone-
tary loss from such a violation, or to receive
$500 in damages for each such violation, which-
ever is greater; or
‘‘(C) both such actions.
It shall be an affirmative defense in any action
brought under this subsection that the defendant
has established and implemented, with due care, rea-
sonable practices and procedures to effectively pre-
vent mailings in violation of subsection (d). If the
court finds that the defendant willfully or knowingly
violated subsection (d), the court may, in its discre-
tion, increase the amount of the award to an amount
equal to not more than 3 times the amount available
under subparagraph (B).
‘‘(2) ACTION
ALLOWABLE
BASED
ON
OTHER
SUFFICIENT NOTICE.—A mailing sent in violation of
section 3001(l) shall be actionable under this sub-
section, but only if such an action would not also be
available under paragraph (1) (as a violation of sub-
section (d)) based on the same mailing.
‘‘(f) PROMOTER NONLIABILITY.—A promoter shall
not be subject to civil liability for the exclusion of an indi-
vidual’s name or address from any list maintained by that
promoter for mailing skill contests or sweepstakes, if—
‘‘(1) a removal request is received by the pro-
moter’s notification system; and
‘‘(2) the promoter has a good faith belief that
the request is from—
‘‘(A) the individual whose name and ad-
dress is to be excluded; or
‘‘(B) another duly authorized person.
‘‘(g) 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 in subparagraph (B) to another per-
son 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.
‘‘(h) 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,
in accordance with the same procedures as set forth
in section 3012(b), provide for the assessment of
civil penalties under this section.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
The table of sections for chapter 30 of title 39, United
States Code, is amended by adding after the item relating
to section 3016 the following:
‘‘3017. Nonmailable skill contests or sweepstakes matter; notification to prohibit
mailings.’’.
(c) EFFECTIVE DATE.—This section shall take effect
1 year after the date of the enactment of this Act.
SEC. 9. STATE LAW NOT PREEMPTED.
(a) IN GENERAL.—Nothing in the provisions of this
Act (including the amendments made by this Act) or in
the regulations promulgated under such provisions shall
be construed to preempt any provision of State or local
law that imposes more restrictive requirements, regula-
tions, damages, costs, or penalties. No determination by
the Postal Service that any particular piece of mail or
class of mail is in compliance with such provisions of this
Act shall be construed to preempt any provision of State
or local law.
(b) EFFECT
ON STATE COURT PROCEEDINGS.—
Nothing contained in this section shall be construed to
prohibit an authorized State official from proceeding in
State court on the basis of an alleged violation of any gen-
eral civil or criminal statute of such State or any specific
civil or criminal statute of such State.
SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.
(a) REFERENCES TO REPEALED PROVISIONS.—Sec-
tion 3001(a) of title 39, United States Code, is amended
by striking ‘‘1714,’’ and ‘‘1718,’’.
(b) CONFORMANCE WITH INSPECTOR GENERAL ACT
OF 1978.—
(1) IN
GENERAL.—Section 3013 of title 39,
United States Code, is amended—
(A) by striking ‘‘Board’’ each place it ap-
pears and inserting ‘‘Inspector General’’;
(B) in the third sentence by striking
‘‘Each such report shall be submitted within
sixty days after the close of the reporting period
involved’’ and inserting ‘‘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
(C) by striking the last sentence and in-
serting the following:
‘‘The information in a report submitted under this section
to the Inspector General with respect to a reporting period
shall be included as part of the semiannual report pre-
pared by the Inspector General under section 5 of the In-
spector General Act of 1978 for the same reporting period.
Nothing in this section shall be considered to permit or
require that any report by the Postmaster General under
this section include any information relating to activities
of the Inspector General.’’.
(2) EFFECTIVE
DATE.—This subsection shall
take effect on the date of the enactment of this Act,
and the amendments made by this subsection shall
apply with respect to semiannual reporting periods
beginning on or after such date of enactment.
(3) SAVINGS PROVISION.—For purposes of any
semiannual reporting period preceding the first
semiannual reporting period referred to in para-
graph (2), the provisions of title 39, United States
Code, shall continue to apply as if the amendments
made by this subsection had not been enacted.
SEC. 11. EFFECTIVE DATE.
Except as provided in section 8 or 10(b), this Act
shall take effect 120 days after the date of the enactment
of this Act.
Passed the House of Representatives November 2,
1999.
Attest:
Clerk.