Charity Games Advertising Clarification Act of 1988
PL 100-625 (H.R.3146), enacted 11/07/1988

PUBLIC LAW 100-625—NOV. 7, 1988 
102 STAT. 3205 
Public Law 100-625 
100th Congress 
An Act 
To clarify certain restrictions on distribution of advertisements and other information 
concerning lotteries and similar activities. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Charity Games Advertising Clari-
fication Act of 1988". 
SEC. 2. AMENDMENTS RELATING TO THE MAILING AND BROADCAST OF 
ADVERTISEMENTS FOR LEGAL LOTTERIES AND SIMILAR EN-
TERPRISES. 
(a) STATE-CONDUCTED LOTTERIES UNDER TITLE 18.—Subsection (a) 
of section 1307 of title 18, United States Code, is amended to read as 
follows: 
"(a) The provisions of sections 1301, 1302, 1303, and 1304 shall not 
apply to— 
"(1) an advertisement, list of prizes, or other information 
concerning a lottery conducted by a State acting under the 
authority of State law which is— 
"(A) contained in a publication published in that State or 
in a State which conducts such a lottery; or 
"(B) broadcast by a radio or television station licensed to 
a location in that State or a State which conducts such a 
lottery; or 
"(2) an advertisement, list of prizes, or other information 
concerning a lottery, gift enterprise, or similar scheme, other 
than one described in paragraph (1), that is authorized or not 
otherwise prohibited by the State in which it is conducted and 
which is— 
"(A) conducted by a not-for-profit organization or a 
governmental organization; or 
"(B) conducted as a promotional activity by a commercial 
organization and is clearly occasional and ancillary to the 
primary business of that organization.". 
(b) DEFINITION OF NOT-FOR-PROFIT ORGANIZATION.—Subsection (d) 
of section 1307 of title 18, United States Code, is amended by adding 
at the end thereof "For purposes of this section, the term a 'not-for-
profit organization' means any organization that would qualify as 
tax exempt under section 501 of the Internal Revenue Code of 
1986.". 
(c) POSTAL SERVICE REGULATION OF LOTTERIES.—Paragraph (1) of 
section 3005(d) of title 39, United States Code, is amended to read as 
follows: "(1) publications containing advertisements, lists of prizes, 
or information concerning a lottery, which are exempt, pursuant to 
section 1307 of title 18 of the United States Code, from the provi-
sions of sections 1301, 1302, 1303, and 1304 of title 18 of the United 
States Code,". 
Nov. 7, 1988 
[H.R. 3146] 
Charity Games 
Advertising 
Clarification Act 
of 1988. 
State and local 
governments. 
18 u s e 1301 
note. 
102 STAT. 3206 
PUBLIC LAW 100-625—NOV. 7, 1988 
SEC. 3. TECHNICAL AMENDMENTS. 
(a) AMENDMENTS TO TITLE 18, UNITED STATES CODE,—Chapter 61 of 
title 18, United States Code, is amended as follows: 
(1) The section heading of section 1307 is amended to read 
as follows: 
"§ 1307. Exceptions relating to certain advertisements and other 
information and to State-conducted lotteries". 
(2) The item relating to section 1307 in the table of sections at 
the beginning of chapter 61 is amended to read as follows: 
"Sec. 1307. Exceptions relating to certain advertisements and other information and 
to State-conducted lotteries.". 
(3) Subsection (d) of section 1307 is amended by inserting after 
"purposes o f the following: "subsection (b) of. 
(4) The first sentence of section 1304 is amended by inserting 
after "radio" the following: "or television". 
18 u s e 1307 
SEC. 4. SEVERABILITY. 
If any provision of this Act or the amendments made by this Act, 
or the application of such provision to any person or circumstance, is 
held invalid, the remainder of this Act and the amendments made 
by this Act, and the application of such provision to other persons 
not similarly situated or to other circumstances, shall not be af-
fected by such invalidation. 
18 u s e 1304 
SEC. 5. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 18 months 
after the date of the enactment of this Act. 
Approved November 7, 1988. 
LEGISLATIVE HISTORY—H.R. 3146: 
HOUSE REPORTS: No. 100-557, Pt. 1 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
May 10, 25, considered and passed House. 
Oct. 14, considered and passed Senate, amended. 
Oct. 19, House concurred in Senate amendment.