[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2678 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2678

To amend title 39, United States Code, to provide for the establishment 
   of 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 3, 1999

 Mr. McCollum introduced the following bill; which was referred to the 
                     Committee on Government Reform

_______________________________________________________________________

                                 A BILL


 
To amend title 39, United States Code, to provide for the establishment 
   of a notification 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. REQUIREMENTS OF PROMOTERS OF SKILL CONTESTS OR SWEEPSTAKES 
              MAILINGS.

    (a) In General.--Chapter 30 of title 39, United States Code, is 
amended by adding after section 3015 the following:
``Sec. 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 address of such 
        individual excluded from any list used by a promoter for 
        mailing skill contests or sweepstakes;
            ``(3) `skill contest' means a puzzle, game, competition, 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 acceptable 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 provide with each mailing a 
        statement that--
                    ``(A) is clearly and conspicuously displayed;
                    ``(B) includes the address or toll-free telephone 
                number of the notification system established 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 notification 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 
        address 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 request to the notification system established under 
        subsection (c).
            ``(2) Response after submitting removal request to the 
        notification system.--Not later than 35 calendar days after a 
        promoter receives 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 election under 
        paragraph (1) shall remain in effect, unless 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) Promoter Nonliability.--A promoter shall not be subject to 
civil liability for the exclusion of an individual'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 promoter's 
        notification system; and
            ``(2) the promoter has a good faith belief that the request 
        is from--
                    ``(A) the individual whose name and address 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 provide any 
                information (including the sale or rental 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 subparagraph 
                (A) is any list of names and addresses (or other 
                related information) compiled from individuals who 
                exercise an election under subsection (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 violation.
    ``(g) Civil Penalties.--
            ``(1) In general.--Any promoter--
                    ``(A) who recklessly mails nonmailable matter in 
                violation of subsection (b) shall be liable to the 
                United States in an amount of $10,000 per violation for 
                each mailing to an individual of nonmailable matter; or
                    ``(B) who fails to comply with the requirements 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 following:

``3016. Nonmailable skill contests or sweepstakes matter; notification 
                            to prohibit mailings.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of enactment of this Act.
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