[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4612 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4612

 To amend title 39, United States Code, to require certain notices in 
 any mailing using a game of chance for the promotion of a product or 
                    service, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 1998

  Mr. Rogan introduced the following bill; which was referred to the 
              Committee on Government Reform and Oversight

_______________________________________________________________________

                                 A BILL


 
 To amend title 39, United States Code, 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. NOTICE REQUIRED ON MAILINGS USING GAMES OF CHANCE.

    (a) In General.--Section 3001 of title 39, United States Code, is 
amended--
            (1) by redesignating subsections (j) and (k) as subsections 
        (k) and (l), respectively; and
            (2) by inserting after subsection (i) the following:
    ``(j)(1) Matter otherwise legally acceptable in the mails that 
constitutes a solicitation or offer in connection with the sales 
promotion for a product or service that uses any game of chance of 
winning anything of value (including any sweepstakes) shall not be 
carried or delivered by mail, and may be disposed of as the Postal 
Service directs, unless such matter 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--
            ``(A) bears on the envelope--
                    ``(i) the mailing address (and, if different, the 
                address of the location) of the principal place of 
                business of the person making the solicitation or 
                offer; and
                    ``(ii) the following notice: `This is a game of 
                chance (or sweepstakes, if applicable). You may not 
                have automatically won.', or a notice to the same 
                effect in words which the Postal Service may prescribe; 
                and
            ``(B) bears on the top of the first page of enclosed 
        printed matter--
                    ``(i) the following notice: `This is a game of 
                chance (or sweepstakes, if applicable). You may not 
                have automatically won. Your chances of winning are 
                (insert applicable mathematical probability). To win a 
                prize (insert statement as to whether or not any 
                purchase is necessary and a description of all other 
                conditions that apply, if any).', or a notice to the 
                same effect in words which the Postal Service may 
                prescribe; and
                    ``(ii) a clear and concise statement as to when and 
                how the official list of winners will be made available 
                or may be obtained.
    ``(2) The notice described in paragraph (1)(A)(i) shall be printed 
in at least 14-point font.''.
    (b) Penalties.--Section 3005(a) of title 39, United States Code, is 
amended by striking ``3001(d), (h), or (i)'' each place it appears and 
inserting ``3001(d), (h), (i), or (j)''.
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