[Congressional Record Volume 145, Number 111 (Monday, August 2, 1999)]
[Senate]
[Page S10001]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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             DECEPTIVE MAIL PREVENTION AND ENFORCEMENT ACT

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                 COLLINS (AND LEVIN) AMENDMENT NO. 1497

  Ms. COLLINS (for herself and Mr. Levin) proposed an amendment to the 
bill (S. 335) to amend chapter 30 of title 39, United States Code, to 
provide for the nonmailability of certain deceptive matter relating to 
games of chance, administrative procedures, orders, and civil penalties 
relating to such matter, and for other purposes; as follows:

       On page 19, insert between lines 22 and 23 the following:
       ``(A) `clearly and conspicuously displayed' means presented 
     in a manner that is readily noticeable, readable, and 
     understandable to the group to whom the applicable matter is 
     disseminated;
       On page 19, line 23, strike ``(A)'' and insert ``(B)''.
       On page 20, line 1, strike ``(B)'' and insert ``(C)''.
       On page 20, line 9, strike ``(C)'' and insert ``(D)''.
       On page 20, line 21, insert ``prominently'' after ``that''.
       On page 21, line 1, insert ``prominently'' after ``that''.
       On page 21, lines 4 and 5, strike ``an entry from such 
     materials'' and insert ``such entry''.
       On page 21, lines 8 and 9, strike ``, in language that is 
     easy to find, read, and understand''.
       On page 21, line 15, strike ``clearly''.
       On page 22, line 5, insert ``or'' after the semicolon.
       On page 22, line 11, strike ``or'' after the semicolon.
       On page 22, strike lines 12 through 17.
       On page 22, lines 23 and 24, strike ``, in language that is 
     easy to find, read and understand''.
       On page 23, line 1, strike ``clearly and conspicuously''.
       On page 23, line 6, strike ``clearly''.
       On page 34, line 1, strike all through page 39, line 23, 
     and insert the following:

     SEC. 8. REQUIREMENTS OF PROMOTERS OF SKILL CONTESTS 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:

     ``Sec. 3017. 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, except for any matter described under section 
     3001(k)(4); or
       ``(B) originates and causes to be mailed any skill contest 
     or sweepstakes, except for any matter described under section 
     3001(k)(4);
       ``(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, except for any 
     matter described under 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 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) 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 enactment of this Act.

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