Deceptive Mailings Prevention Act of 1990
PL 101-524 (H.R.2331), enacted 11/06/1990

PUBLIC LAW 101-524—NOV. 6, 1990 
104 STAT. 2301 
Public Law 101-524 
101st Congress 
An Act 
To amend title 39, United States Code, to designate as nonmailable matter solicita-
tions for the purcheise of goods or services, or solicitation for donations which could 
reasonably be construed as implying any Federal Government connection or 
endorsement, unless such matter contains an appropriate, conspicuous disclaimer, 
and for other purposes. 
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 "Deceptive Mailings Prevention Act 
of 1990". 
SEC. 2. AMENDMENTS TO TITLE 39. 
(a) PROHIBITION OF DECEPTIVE MAILINGS.—Section 3001 of title 39, 
United States Code is amended by redesignating subsections (f) and 
(g) as subsections (i) and (j) respectively, and by inserting after 
subsection (e) the following: 
"(f) Matter otherwise legally acceptable in the mails which con-
stitutes a solicitation by a nongovernmental entity for the purchase 
of or payment for a product or service; and contains a seal, insignia, 
trade or brand name, or any other term or symbol that reasonably 
could be interpreted or construed as implying any Federal Govern-
ment connection, approval or endorsement is nonmailable matter 
and shall not be carried or delivered by mail, and shall be disposed 
of as the Postal Service directs, unless— 
"(1) such nongovernmental entity has such expressed connec-
tion, approval or endorsement; 
"(2)(A) such matter bears on its face, in conspicuous and 
legible type in contrast by tjrpography, layout, or color with 
other printing on its face, in accordance with regulations which 
the Postal Service shall prescribe, the following notice: 'THIS 
PRODUCT OR SERVICE HAS NOT BEEN APPROVED OR 
ENDORSED BY THE FEDERAL GOVERNMENT, AND THIS 
OFFER IS NOT BEING MADE BY AN AGENCY OF THE 
FEDERAL GOVERNMENT.', or a notice to the same effect in 
words which the Postal Service may prescribe; and 
"(B) the envelope or outside cover or wrapper in which such 
matter is mailed bears on its face in capital letters and in 
conspicuous and legible type, in accordance with regulations 
which the Postal Service shall prescribe, the following notice: 
'THIS IS NOT A GOVERNMENT DOCUMENT.', or a notice to 
the same effect in words which the Postal Service may pre-
scribe; or 
"(3) such matter is contained in a publication for which the 
addressee has paid or promised to pay a consideration or which 
he has otherwise indicated he desires to receive, except that this 
paragraph shall not apply if the solicitation is on behalf of the 
publisher of the publication. 
Nov. 6, 1990 
[H.R. 2331] 
Deceptive 
Mailings 
Prevention Act 
of 1990. 
39 u s e 101 
note. 
Regulations. 
49-139 O - 90 (524) 
104 STAT. 2302 
PUBLIC LAW 101-524—NOV. 6, 1990 
"(g) Matter otherwise legally acceptable in the mails which con-
stitutes a solicitation by a nongovernmental entity for information 
or the contribution of funds or membership fees and contains a seal, 
insignia, trade or brand name, or any other term or symbol that 
reasonably could be interpreted or construed as implying any Fed-
eral Government connection, approval or endorsement is non-
mailable matter and shall not be carried or delivered by mail, and 
shall be disposed of as the Postal Service directs, unless— 
"(1) such nongovernmental entity has such expressed connec-
tion, approval or endorsement; 
"(2)(A) 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, the following notice: 'THIS 
ORGANIZATION HAS NOT BEEN APPROVED OR EN-
DORSED BY THE FEDERAL GOVERNMENT, AND THIS 
OFFER IS NOT BEING MADE BY AN AGENCY OF THE 
FEDERAL GOVERNMENT.', or a notice to the same effect in 
words which the Postal Service may prescribe; and 
"(B) the envelope or outside cover or wrapper in which such 
matter is mailed bears on its face in capital letters and in 
conspicuous and legible t5T)e, in accordance with regulations 
which the Postal Service shall prescribe, the following notice: 
THIS IS NOT A GOVERNMENT DOCUMENT.', or a notice to 
the same effect in words which the Postal Service may pre-
scribe; or 
"(3) such matter is contained in a publication for which the 
addressee has paid or promised to pay a consideration or which 
he has otherwise indicated he desires to receive, except that this 
paragraph shall not apply if the solicitation is on behalf of the 
publisher of the publication.". 
(b) 
DECEPTIVE MAIUNGS AS FALSE REPRESENTATIONS.—Section 
3005(a) of title 39, United States Code, is amended by striking out 
"section 3001(d)" each place that it appears and inserting in lieu 
thereof "section 3001 (d), (a or (g)". 
SEC. 3. REVIEW AND REPORT BY THE UNITED STATES POSTAL SERVICE. 
No later than 90 days after the date of enactment of this Act, the 
United States Postal Service shall— 
(1)(A) conduct a comprehensive review to determine if the 
provisions of section 123.33 of the Domestic Mail Manual (as in 
effect on such date of enactment) are being appropriately 
observed; and 
(B) take 
appropriate 
measures 
to 
ensure 
that 
any 
misapplication or misunderstanding of such provisions is cor-
rected among any postal personnel who are responsible for 
carrying them out; 
(2) conduct a comprehensive review to determine the feasibil-
ity of establishing a procedure whereby a sender of mail matter 
which is' denied entry into the mails on the basis of incorrect 
mail preparation, postage due, or addressing may, through 
expedited proceedings, obtain a final agency decision as to the 
mailability of such matter; and 
(3) submit a written report to the Senate and the House of 
Representatives describing its findings and actions under this 
section. 
PUBLIC LAW 101-524—NOV. 6, 1990 
104 STAT. 2303 
SEC. 4. COORDINATION OF FUNCTIONS WITH THE DEPARTMENT OF 
39 USC 3001 
HEALTH AND HUMAN SERVICES. 
note. 
The United States Postal Service shall consult and coordinate the 
functions and administration of the provisions of this Act and the 
amendments made by this Act with the Secretary of the Department 
of Health and Human Services and the functions of the Secretary in 
the administration of section 428 of the Medicare Catastrophic 
Coverage Act of 1988 (42 U.S.C. 1320b-10). 
SEC. 5. STATE DEPARTMENT POST OFFICES ABROAD. 
(a) POSTAL SERVICES AT DIPLOMATIC POSTS.—Chapter 4 of title 39, 
United States Code, is amended by adding at the end thereof the 
following new section: 
"§ 413. Postal services at diplomatic posts 
Government 
"(a) The Postal Service and the Department of State may enter 
into 1 or more agreements for field testing to ascertain the feasibil-
ity of providing postal services through personnel provided by the 
Department of State at branch post offices established by the Postal 
Service in United States diplomatic missions at locations abroad for 
which branch post offices are not established under section 406. 
"(b) To the extent that the Postal Service and the Department of 
State conclude it to be feasible and in the public interest, the Postal 
Service may establish branch post offices at United States diplo-
matic missions in locations abroad for which branch post offices are 
not established under section 406, and the Department of State may 
enter into an agreement with the Postal Service to perform postal 
services at such branch post offices through personnel designated by 
the Department of State. 
"(c) The Department of State shall reimburse the Postal Service 
for any amounts, determined by the Postal Service, equal to the 
, 
additional costs incurred by the Postal Service, including transpor-
tation costs, incurred by the Postal Service in the performance of its 
obligations under any agreement entered into under this section. 
"(d) Each agreement entered into under this section shall 
include— 
"(1) provisions under which the Department of State shall 
make any reimbursements required under subsection (c); 
"(2) provisions authorizing the Postal Service to terminate the 
agreement, and the services provided thereunder, in the event 
that the Department of State does not comply with the provi-
sions under paragraph (1); and 
"(3) any other provisions which may be necessary, including 
provisions relating to the closing of a post office under this 
section if necessary because a post office under section 406 is 
established in the same location.". 
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of sec-
tions for chapter 4 of title 39, United States Code, is amended by 
adding at the end thereof the following: 
"413. Postal services at diplomatic posts.". 
104 STAT. 2304 
PUBLIC LAW 101-524—NOV. 6, 1990 
39 u s e 3001 
SEC. 6. EFFECTIVE DATE. 
The provisions of this Act shall take effect on the date of the 
enactment of this Act, except the amendments made by section 2 
shall apply to matter deposited for mailing and delivery on or after 
180 days after the date of the enactment of this Act. 
Approved November 6, 1990. 
LEGISLATIVE HISTORY—H.R. 2331 (S. 273): 
HOUSE REPORTS: No. 101-178 (Comm. on Post Office and Civil Service). 
SENATE REPORTS: No. 101-464 accompanying S. 273 (Comm. on Governmental 
Affairs). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): July 31, considered and passed House. 
Vol. 136 (1990): Oct. 4, considered and passed Senate, amended, in lieu of S. 273. 
Oct. 19, House concurred in Senate amendments.