[Congressional Record Volume 145, Number 111 (Monday, August 2, 1999)]
[Senate]
[Pages S9982-S9988]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        DECEPTIVE MAIL PREVENTION AND ENFORCEMENT ACT--Continued

  The PRESIDING OFFICER. Under the previous order, the Senate will now 
proceed to vote on S. 335, after recognizing Senator Edwards for 10 
minutes, Senator Levin for 5 minutes, and Senator Collins for 5 
minutes.
  The Senator from Maine is recognized.
  Ms. SNOWE. Madam President, I rise today in support of S. 335, the 
Deceptive Mail Prevention and Enforcement Act, legislation authored by 
my colleague from Maine, Senator Susan Collins. I applaud her 
leadership on this issue as chair of the Permanent Subcommittee on 
Investigations. I believe that this legislation strikes an important 
balance between consumer protection and over-regulation of the 
sweepstakes industry.
  This issue has long been a priority for me. In the late 1980s, while 
in the House of Representatives, I began working on initiatives to curb 
deceptive mailings, and during the 101st Congress, I co-authored H.R. 
2331, the Deceptive Mailings Prevention Act of 1989, which was signed 
into law by President Bush on November 6, 1990. H.R. 2331 prohibited 
solicitations by private entities for the purchase of products or 
services or the contribution of funds or membership fees, which imply 
false federal government connection or endorsement.
  At the time, our main focus was on mailings that led one to believe 
that they were endorsed by the government--for example, offers that 
promise consumers information on federal benefits for which they may be 
eligible for a fee, when in fact such information is available at no 
cost directly from federal agencies.
  The legislation barred the use of any seal, insignia, trade or brand 
name, or other symbol designed to construe government connection or 
endorsement. Today, I am pleased to support S. 335, which builds on the 
foundation laid by the 1990 law, in recognition of the problems that 
have emerged as sweepstakes offers have proliferated, with all of the 
accompanying abuses we have witnessed.
  How many times have each of us received an offer in the mail 
promising enormous sweepstakes payoffs or other prizes? These promises 
are a clever way to market magazine subscriptions and other products. 
The old adage--``if it's too good to be true, it probably is''--comes 
to mind. Regrettably, for many, such offers seem too good to pass up 
particularly when the are accompanied by dire warnings such as ``urgent 
advisory,'' ``don't risk losing your multimillion dollar prize,'' or 
``don't risk forfeiture now!'' Many consumers are misled by this type 
of advertising, which is deliberately designed to mislead.
  Many offers are designed to entice the consumer into believing that 
he or she has already won a valuable prize, for example, or is on the 
verge of winning, when in fact, the odds against winning may be 
astronomical.
  The sad truth is that companies use deceptive advertising because it 
works--it sells more product. And the tragic problem facing us today is 
this: all too often, the consumer who is being victimized is a senior 
on a fixed income or is disabled.
  We have all heard the horror stories about unwitting victims on fixed 
incomes who have purchased hundreds or thousands of dollars worth of 
magazine subscriptions--sometimes multiple subscriptions to the same 
magazine, thinking they would improve their chances of winning a prize. 
We have heard the tragic accounts of individuals flying to another city 
or state to claim a prize, genuinely believing that they had been 
selected as the winner, only to find that they have become a victim. 
Some have squandered life savings on misleading offers. When these 
types of incidents become commonplace, I think, we have a good 
indication that there is a problem. And we have a responsibility to 
correct the problem.

  What I find most troubling about this issue is that many unscrupulous 
companies intentionally target the most vulnerable consumers, knowing 
full well how devastating the results can be. S. 355 is designed to 
target these those companies that have demonstrated that they will not 
police themselves.
  Among other things, S. 335 requires sweepstakes mailings to display 
rules clearly and state explicitly that no purchase is necessary to 
increase one's chance of winning. It requires the sponsor of an offer 
to clearly state the odds of winning and the value of the prize, and 
prohibits companies from making false statements, such as an individual 
is a winner, unless they have actually won a prize. It also strengthens 
safeguards to protect those who have requested not to receive 
sweepstakes mailings and other such offers, and enhances the Postal 
Service's authority to investigate, penalize, and stop deceptive 
mailings.
  S. 335 does not prohibit legitimate offers. Rather, it puts fair, 
common sense restrictions in place in order to protect consumers, 
particularly those most at risk, such as seniors, or the disabled.
  This week, the Senate Commerce Committee, of which I am a member, is 
scheduled to hold a hearing on fraud against seniors. It is a serious 
problem, and one that is not going to go away on its own. We must 
address the problem, and the deceptive mailings which S. 335 seeks to 
curb are certainly a component of this problem.
  I am pleased that S. 335 has generated so much debate on this issue, 
because I believe that in addition to government action, the key to 
this challenge is increased awareness and personal responsibility--on 
the part of companies and individual consumers and families.
  Companies should police themselves. Likewise, there are steps that 
consumers can take to protect themselves. For example, always read the 
rules for any offer very carefully, especially if it sounds too good to 
be true. And if it sounds too good to be true, it probably is. If you 
receive a letter in the mail informing you that you have won a prize, 
and it solicits a shipping or handling fee, be wary. This type of offer 
should raise a red flag, and could be a fraud. Finally, make sure you 
know the company is a reputable one, and don't give out your bank 
account or credit card number.
  I hope this legislation will be a constructive step forward in this 
important effort, and I hope that it sends a strong message that 
government takes its responsibility as a watchdog and regulator of 
anti-consumer practices very seriously.
  Mr. CAMPBELL. Madam President, today the Senate is taking another 
important step toward enacting sweepstakes reform legislation.
  Today we continue the good fight that was launched nearly fourteen 
months ago when the Senate first began consideration of sweepstakes 
reform legislation. I was pleased to lead the fight for sweepstakes 
reform on June 5th, 1998, in the 105th Congress, when I introduced S. 
2414, the Honesty

[[Page S9983]]

in Sweepstakes Act of 1998. This was the first legislation of its kind.
  A few months later, on September 1st, 1998, a high-impact Senate 
hearing focusing on the Honesty in Sweepstakes Act of 1998 attracted 
national attention and widespread public support. That hearing, 
followed by a series of hearings chaired by Senator Collins this year, 
was the turning point in the battle for sweepstakes reform and helped 
generate the powerful momentum that has carried sweepstakes reform 
forward.
  I was prompted to fight for Honesty in Sweepstakes when I heard far 
too many horrible stories about how consumers, especially our seniors, 
were being taken advantage of, and all too often seriously financially 
harmed by sweepstakes promotions that prey upon people's hopes and 
dreams by making convincing yet false promises of riches. They use 
massive mailing lists to deliberately target our most vulnerable 
consumers with false promises of riches and then bombard them again and 
again.
  Since I first introduced the Honesty in Sweepstakes Act I have been 
contacted by many people from Colorado and all over the country with 
stories of their unfortunate experiences with sweepstakes promotions. 
They told stories of how their loved ones, often their elderly parents, 
had squandered many thousands of dollars after having been lured in by 
cleverly presented promotions promising instant riches. Many people 
from all over the country have also sent me large envelopes stuffed 
full of examples of the misleading sweepstakes promotions they and 
their loved ones have received.
  I am pleased to be an early cosponsor of the bill we consider today, 
S. 335, the Deceptive Mail Prevention and Enforcement Act, which was 
introduced by my colleague Senator Collins. This bill includes a number 
of provisions similar to those I included in the Honesty in Sweepstakes 
Act. There are two additional provisions included in S. 335 that I 
believe will be especially beneficial in the fight against misleading 
sweepstakes. The first calls for establishing centralized and easy to 
access toll free phone numbers where consumers' questions can be 
answered. The second provision makes it much easier for people to have 
their names removed from mailing lists.
  Our nation's seniors and other vulnerable consumers are clearly being 
taken advantage of, and in some cases seriously financially harmed, by 
intentionally misleading sweepstakes promotions. Something needs to be 
done. I support passage of this legislation to bring this harmful 
practice to a halt.
  Mr. DODD. Mr. President, I rise today in support of S. 335, the 
Deceptive Mail Prevention and Enforcement Act. I am proud to be one of 
the cosponsors of this important legislation.
  I commend Senators Collins and Levin for their efforts in addressing 
the serious problems with deceptive mailings involving sweepstakes, 
skill contests, facsimile checks, and mailings made to look like 
government documents. The investigation and hearings of the Senate 
Governmental Affairs Permanent Subcommittee on Investigations have shed 
light on sweepstakes and other mailings that promise extravagant prizes 
in order to entice individuals to make unnecessary purchases.
  Far too many of these mailings are full of deceptive and misleading 
statements, which lead unsuspecting recipients to believe that they 
must purchase various items in order to be a winner or in order to 
improve their chances of winning. In too many cases, the prizes and 
awards are never granted. In many instances, the customer receives a 
trinket or coupon book of little value. Those consumers who respond to 
these mailings are then bombarded with additional mailings seeking more 
money for the same or similar items.
  The effect on many consumers can be devastating. One of my 
constituents wrote about his 88-year-old father, who had spent 
thousands of dollars in hopes of receiving a large cash prize.
  This legislation would set new standards for mailings that use 
sweepstakes, skill contests, and facsimile checks as promotions to sell 
merchandise. More disclosures would be required, disclosures which are 
clear and conspicuous, displayed in a manner that is readily 
noticeable, readable and understandable. Sweepstakes mailings must 
include prominent notice that no purchase is necessary to win, and that 
a purchase will not increase the chances of winning. In addition, the 
mailing must state the estimated odds of winning.
  While S. 335 will probably not put a stop to all of the egregious 
practices that the unscrupulous companies employ, I am hopeful that 
this bill will result in fewer deceptive mailings and that fewer 
consumers will lose their hard-earned savings and retirement funds.
  One important provision of this bill would require each company that 
sends these mailings to have a toll-free number that consumers may call 
to have their names removed from that company's mailing list. This is a 
first step in making it possible for individuals to have their names 
removed from mailing lists. However, this particular system places an 
undue burden on the consumer to call each company that sends him a 
mailing. The unscrupulous companies could circumvent the intent of this 
provision by forming a new company that would then use the old mailing 
lists.
  To minimize this risk, I encourage the industry groups to establish a 
system whereby consumers would have one toll-free number to call which 
would serve as the mechanism to remove their names from all mailing 
lists for all sweepstakes, skill contests, facsimile checks and 
government look-alike mailings. This system has worked in other areas, 
and I believe that it would work here, as well.
  I urge my colleagues to support this bill.
  The PRESIDING OFFICER. The Senator from North Carolina.
  Mr. EDWARDS. Madam President, I rise today to urge my colleagues to 
vote in favor of the sweepstakes legislation, which is S. 335, the 
Deceptive Mail Prevention and Enforcement Act.
  Let me say first, I thank my colleague, Senator Levin--I do not see 
him on the floor right now--also, my colleague, Senator Collins. They 
worked so hard and so long on this remarkably important piece of 
legislation.
  Let me start by telling a story. It is a story I have told before, 
but I think it goes to the very heart of what this legislation is 
about.
  There is an elderly man in North Carolina who lives in Raleigh, NC, I 
believe--right outside of Raleigh--named Bobby Bagwell. Bobby Bagwell 
is an elderly man who was watched over by his family, his daughter-in-
law. Although he lived alone, he had a difficult time living alone.
  His daughter-in-law went over to his house one day. When going 
through his various belongings, she discovered boxes and boxes of 
sweepstakes mailings. She came to discover in addition to that, in 
response to these sweepstakes mailings, Mr. Bagwell had purchased 
thousands and thousands of dollars of devices--goods that were 
basically useless. They were of no value to him at all. When she 
questioned her father-in-law about why he had bought these goods, the 
response was that he believed it would increase his chances of winning 
the sweepstakes. He had spent, I think, something on the order of 
$20,000, which was basically his life's savings, on purchasing this 
useless, worthless material.
  As I mentioned earlier, Mr. Bagwell was an elderly man. For that 
reason, he was vulnerable. But there is an even worse part to this 
story. Mr. Bagwell, as it turns out, suffers from dementia. So he could 
not remember from day to day what he had bought, how much money he had 
spent, or why he had spent it. His daughter-in-law, doing everything in 
her power to do something about this very sad situation, contacted the 
sweepstakes companies, asking them to take him off the mailing lists. 
She got no response. She then sent a doctor's order to the sweepstakes 
companies saying, ``My father-in-law suffers from dementia. I ask you, 
take him off your lists for sweepstakes mailings because he is buying 
all these goods, he doesn't remember that he is spending his life's 
savings, and we need to take him off the lists so he does not continue 
to engage in this kind of behavior.'' For the second time, she got no 
response.
  Finally, when they contacted me and I became aware of the situation 
and I contacted the sweepstakes companies,

[[Page S9984]]

they responded appropriately and took him off the lists.
  The sad part of this story is that in this country, in this day and 
time, it was necessary for a Senator to contact the sweepstakes 
companies in order to get this accomplished. That goes to the very 
heart of what this sweepstakes legislation is about. It is the reason 
Senator Collins has done such a remarkable job in conducting hearings 
and bringing this matter to the attention of the American people so 
something can be done about it. It is something for which I believe we 
have broad bipartisan support, support on both sides of the aisle. 
Everyone knows and recognizes something needs to be done about this 
problem.
  I do want to discuss one specific feature. The bill has many 
wonderful provisions, including provisions that require the sweepstakes 
companies, for example, to tell people that buying these goods does not 
increase their chances of winning. That would save a man such as Bobby 
Bagwell from being taken advantage of.
  One specific provision I worked on awfully hard, with Senator Collins 
and Senator Levin, basically provides that sweepstakes companies be 
required to provide a vehicle for people to be taken off these mailing 
lists so someone such as Bobby Bagwell, who has dementia, an elderly 
person who is being taken advantage of, who is vulnerable, can be 
protected and can be taken off the lists. In addition to that, it helps 
every North Carolinian--in my case--and every American who simply does 
not want to continue to receive these sweepstakes mailings.

  We all recognized during the course of the hearings there are some 
reputable, legitimate companies that engage in these sweepstakes 
techniques as a marketing tool. But people need to have a way to get 
off these lists if they want to get off the lists. One of the 
provisions in this legislation specifically provides for that.
  The bottom line is this. This legislation goes a long way toward 
eliminating any sort of deceptive, misleading sweepstakes mailings. It 
allows people who do not want to receive these mailings to no longer 
receive them. Ultimately, what it does is it empowers American families 
who want to make sure the elderly members of their families--their 
parents, their in-laws--are taken care of. It empowers them to make 
sure they are not taken advantage of with these sweepstakes mailings, 
and in fact, if they so choose, that they no longer continue to receive 
these mailings.
  This is a wonderful piece of legislation. As I mentioned earlier, it 
has bipartisan support. I am very proud to have worked with Senator 
Collins and Senator Levin, who have done a tremendous job for the 
American people in connection with this legislation.
  Lastly, I ask unanimous consent that a letter from the American 
Association of Retired Persons be printed in the Record. They 
specifically provide their strong support for this legislation.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                                         AARP,

                                    Washington, DC, July 28, 1999.
     Hon. John Edwards,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Edwards: AARP thanks you for including a 
     provision to the Managers Amendment to S. 335, the Deceptive 
     Mail Prevention and Enforcement Act, to institute a 
     notification system. As drafted, the notification system 
     would provide consumers with numbers to call to have their 
     names removed from the mailing lists of companies that 
     promote products and services through sweepstakes. The 
     ability to have one's name removed from mailing lists is an 
     important consumer protection, and facilitating such removal 
     through the use of a toll free number is even better for 
     consumers.
       AARP has supported the use of toll free helplines to 
     respond to questions or concerns in the telemarketing area, 
     and the requirement that companies provide such a service to 
     slow the proliferation of deceptive mailings is a logical 
     extension. Further, we applaud the amendment's strong civil 
     penalty provisions imposed on companies that violate a 
     consumer's request.
       AARP appreciates your efforts on behalf of consumers to 
     eradicate the practice of fraudulent sweepstakes mailings 
     through this provision to the Manager's Amendment to S. 335. 
     We strongly support the ``notification system'' provisions 
     that you authored, and hope that this section of the bill 
     will be retained as it works its way through conference. We 
     look forward to working with you and other Members on a bi-
     partisan basis to ensure that this issue is resolved in the 
     106th Congress.
           Sincerely,
                                                  Horace B. Deets,
                                               Executive Director.

  The PRESIDING OFFICER. The Senator from Michigan is recognized.
  Mr. LEVIN. Madam President, I again commend Senator Collins for her 
really strong leadership of our subcommittee in so many consumer 
protection measures. This is just the latest of many on which Senator 
Collins has been the leader. That leadership is critically important to 
the American people. I commend her on it.
  I also want to single out Senator Edwards. He made a major 
contribution to this bill by making it possible for people who no 
longer want to receive these sweepstakes to call a phone number to stop 
the deluge of mail which is received in so many homes. As in so many 
other areas, he is already making a great contribution to this Senate. 
I especially thank him for his contribution to this bipartisan bill. 
That part of this bill is a very important part. It is a very creative 
part of the bill. Again, it makes it possible, in a very practical way, 
for people who get sick and tired of the swamping of their mailboxes 
with these sweepstakes offers, to end that.
  This bill attempts to end these sweepstakes swindles which are 
swamping our Nation. The sweepstakes scams are part of a $1 billion 
industry, an industry which is too often based on deception, an 
industry which too often tells people they have won a prize, dangles in 
front of them that promised prize, and then, of course, encloses the 
promotional materials that create the impression that buying a product 
will help to get that prize.
  Most people are skeptical when they get this mail. They realize there 
could be 100,000 people who are told they have just won a huge amount 
of money, but there is a significant percentage of our people who are 
misled. The companies that do this prey on some of the most vulnerable 
among us and they take special advantage of our seniors. This is shown, 
in particular, when somebody responds to one of these promotions and 
then they are frequently inundated with followup targeted promotions. 
In fact, according to one of our witnesses, one person could get as 
many as 144 mailings from one company in 1 year and that, by the way, 
is one of the larger companies that does that, one of the so-called 
legitimate companies.
  Our bill is aimed at ending the abuses and the deceptions and the 
scams. It will require the companies that are using these sweepstakes 
to display clearly and conspicuously and in a prominent place and in a 
prominent manner a statement that no purchase is necessary to enter the 
contest and, even more important, in my judgment at least, a statement 
saying that a purchase will not improve their chances of winning.
  There are other requirements in this bill, and they are important 
requirements, but I think those are two of the most important 
requirements that we do now impose on an industry to see if we can 
clean up some of these abuses.
  We also give the Postal Service some long-needed tools to put the 
scam artists out of business. The Postal Service will have subpoena 
authority. The Postal Service will no longer have to take two steps 
before clamping down on the deception; they will be able to do it in 
one step. If the representation is deceptive and violates our bill, the 
Postal Service will be able to end it directly and not have to first go 
through an order which, in turn, will have to be violated as is the 
current law.
  If someone violates the law, they should not need two steps. One step 
ought to be enough to stop the violation and punish the perpetrator. 
This bill is intended to close the loopholes in our law, to end the 
deceptions that permit too many of these sweepstakes to take in too 
many people, usually too many vulnerable people, raising hundreds of 
millions of dollars from people who usually cannot afford the dollars 
they are scammed into sending to the deceptive mailers of some of these 
sweepstakes.
  Madam President, again, I commend the Senator from Maine, Ms. 
Collins, for her very strong leadership, and the other members of our 
committee who have participated, including Senator Cochran who has been 
a leader in this

[[Page S9985]]

and, again, Senator Edwards for his major contribution to this bill.
  I thank the Chair.
  The PRESIDING OFFICER. The Senator from Maine.
  Ms. COLLINS. I thank the Chair. Madam President, I ask unanimous 
consent that Senator Domenici and Senator Feingold be added as 
cosponsors to the pending legislation S. 335.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. COLLINS. Madam President, let me start by expressing my deep 
appreciation to the members of the subcommittee and the full committee 
who worked so closely with me on this legislation. In particular, I 
recognize the enormous contributions of the Senator from Michigan, Mr. 
Levin; the Senator from North Carolina, Mr. Edwards; and the Senator 
from Mississippi, Mr. Cochran. Without their help, we would not have 
been able to craft such an effective bill. I am very grateful for their 
assistance and support.
  We have heard very eloquent statements from a number of Senators 
today about the need for this legislation. In closing this debate, let 
me quote from a 74-year-old woman who wrote to me about how deceptive 
sweepstakes put her deeply into debt. In her letter, she said:

       My only source of income is a monthly Social Security check 
     totaling $893. I estimate that I have spent somewhere between 
     $10,000 and $20,000 in the last 19 years. What money I did 
     not have, I borrowed from my daughter who is now responsible 
     for my total financial support. I am deeply in financial 
     debt. Their mailings were worded in such a way that I was 
     certain I was going to win anywhere from $1 million to $10 
     million. I truly wish I could recoup the moneys that I 
     squandered in the hope that a real payoff would come my way.

  Unfortunately, it is too late for this woman, but today the Senate 
can act to avoid financial hardship, wasted savings, and a great deal 
of heartache for countless other vulnerable citizens by passing this 
legislation.
  It is my hope that we will have a very strong vote today and that it 
will prompt the House to act and we will see this important legislation 
signed into law before we adjourn this year.
  I yield back the remainder of my time. I ask for the yeas and nays. I 
think they have already been ordered, but if they have not, I request 
the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  Ms. COLLINS. I believe the vote is slated for 5:30 p.m. Seeing no 
other speakers requesting time, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. COLLINS. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. COLLINS. Madam President, I ask unanimous consent that the 
Senator from Minnesota, Mr. Wellstone, be added as a cosponsor of the 
bill S. 335.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. COLLINS. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. COLLINS. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Without objection, the substitute amendment, as amended, is agreed 
to.
  The PRESIDING OFFICER. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  The yeas and nays have been ordered. The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Utah (Mr. Hatch), the 
Senator from Missouri (Mr. Bond), the Senator from New Mexico (Mr. 
Domenici), the Senator from Arizona (Mr. McCain), the Senator from 
Alabama (Mr. Sessions), and the Senator from Alabama (Mr. Shelby) are 
necessarily absent.
  I further announce that, if present and voting, the Senator from Utah 
(Mr. Hatch) would vote ``yea.''
  Mr. REID. I announce that the Senator from Delaware (Mr. Biden), is 
absent attending a funeral.
  I further announce that, if present and voting, the Senator from 
Delaware (Mr. Biden) would vote ``aye.''
  The result was announced--yeas 93, nays 0, as follows:

                      [Rollcall Vote No. 248 Leg.]

                                YEAS--93

     Abraham
     Akaka
     Allard
     Ashcroft
     Baucus
     Bayh
     Bennett
     Bingaman
     Boxer
     Breaux
     Brownback
     Bryan
     Bunning
     Burns
     Byrd
     Campbell
     Chafee
     Cleland
     Cochran
     Collins
     Conrad
     Coverdell
     Craig
     Crapo
     Daschle
     DeWine
     Dodd
     Dorgan
     Durbin
     Edwards
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Hagel
     Harkin
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     Mack
     McConnell
     Mikulski
     Moynihan
     Murkowski
     Murray
     Nickles
     Reed
     Reid
     Robb
     Roberts
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Schumer
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                             NOT VOTING--7

     Biden
     Bond
     Domenici
     Hatch
     McCain
     Sessions
     Shelby
  The bill (S. 335), as amended, was passed, as follows:

                                 S. 335

       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 Mail Prevention 
     and Enforcement Act''.

     SEC. 2. RESTRICTIONS ON MAILINGS USING MISLEADING REFERENCES 
                   TO THE UNITED STATES GOVERNMENT.

       Section 3001 of title 39, United States Code, is amended--
       (1) in subsection (h)--
       (A) in the first sentence by striking ``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 Government connection, approval or endorsement'' 
     and inserting the following: ``which reasonably could be 
     interpreted or construed as implying any Federal Government 
     connection, approval, or endorsement through the use of a 
     seal, insignia, reference to the Postmaster General, citation 
     to a Federal statute, name of a Federal agency, department, 
     commission, or program, trade or brand name, or any other 
     term or symbol; or contains any reference to the Postmaster 
     General or a citation to a Federal statute that misrepresents 
     either the identity of the mailer or the protection or status 
     afforded such matter by the Federal Government''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A) by striking ``and'' at the end;
       (ii) in subparagraph (B) by striking ``or'' at the end and 
     inserting ``and''; and
       (iii) by inserting after subparagraph (B) the following:
       ``(C) does not contain a false representation implying that 
     Federal Government benefits or services will be affected by 
     any purchase or nonpurchase; or'';
       (2) in subsection (i) in the first sentence--
       (A) in the first sentence by striking ``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 Government connection, approval or endorsement'' 
     and inserting the following: ``which reasonably could be 
     interpreted or construed as implying any Federal Government 
     connection, approval, or endorsement through the use of a 
     seal, insignia, reference to the Postmaster General, citation 
     to a Federal statute, name of a Federal agency, department, 
     commission, or program, trade or brand name, or any other 
     term or symbol; or contains any reference to the Postmaster 
     General or a citation to a Federal statute that misrepresents 
     either the identity of the mailer or the protection or status 
     afforded such matter by the Federal Government''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A) by striking ``and'' at the end;
       (ii) in subparagraph (B) by striking ``or'' at the end and 
     inserting ``and''; and
       (iii) by inserting after subparagraph (B) the following:
       ``(C) does not contain a false representation implying that 
     Federal Government benefits or services will be affected by 
     any purchase or nonpurchase; or'';

[[Page S9986]]

       (3) by redesignating subsections (j) and (k) as subsections 
     (m) and (o), respectively; and
       (4) by inserting after subsection (i) the following:
       ``(j)(1) 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) Matter that is nonmailable matter referred to under 
     paragraph (1) is any matter that--
       ``(A) constitutes a solicitation for the purchase of any 
     product or service that--
       ``(i) is provided by the Federal Government; and
       ``(ii) may be obtained without cost from the Federal 
     Government; and
       ``(B) does not contain a clear and conspicuous statement 
     giving notice of the information under subparagraph (A) (i) 
     and (ii).''.

     SEC. 3. RESTRICTIONS ON SWEEPSTAKES AND DECEPTIVE MAILINGS.

       Section 3001 of title 39, United States Code, is amended by 
     inserting after subsection (j) (as added by section 2(4) of 
     this Act) the following:
       ``(k)(1) In this subsection, the term--
       ``(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;
       ``(B) `facsimile check' means any matter designed to 
     resemble a check or other negotiable instrument that is not 
     negotiable;
       ``(C) `skill contest' means a puzzle, game, competition, or 
     other contest in which--
       ``(i) a prize is awarded or offered;
       ``(ii) the outcome depends predominately on the skill of 
     the contestant; and
       ``(iii) a purchase, payment, or donation is required or 
     implied to be required to enter the contest; and
       ``(D) `sweepstakes' means a game of chance for which no 
     consideration is required to enter.
       ``(2) Matter otherwise legally acceptable in the mails that 
     is nonmailable matter described under paragraph (3) shall not 
     be carried or delivered by mail and may be disposed of as the 
     Postal Service directs.
       ``(3) Matter that is nonmailable matter referred to under 
     paragraph (2) is any matter (except matter as provided under 
     paragraph (4)) that--
       ``(A)(i) includes entry materials for a sweepstakes or a 
     promotion that purports to be a sweepstakes; and
       ``(ii)(I) does not contain a statement that prominently 
     discloses in the mailing, in the rules, and on the order or 
     entry form, that no purchase is necessary to enter such 
     sweepstakes;
       ``(II) does not contain a statement that prominently 
     discloses in the mailing, in the rules, and on the order or 
     entry form, that a purchase will not improve an individual's 
     chances of winning with such entry;
       ``(III) does not state all terms and conditions of the 
     sweepstakes promotion, including the rules and entry 
     procedures for the sweepstakes;
       ``(IV) does not disclose the sponsor or mailer of such 
     matter and the principal place of business or an address at 
     which the sponsor or mailer may be contacted;
       ``(V) does not contain sweepstakes rules that state--
       ``(aa) the estimated odds of winning each prize;
       ``(bb) the quantity, estimated retail value, and nature of 
     each prize; and
       ``(cc) the schedule of any payments made over time;
       ``(VI) represents that individuals not purchasing products 
     may be disqualified from receiving future sweepstakes 
     mailings;
       ``(VII) requires that a sweepstakes entry be accompanied by 
     an order or payment for a product previously ordered;
       ``(VIII) represents that an individual is a winner of a 
     prize unless that individual has won a prize; or
       ``(IX) contains a representation that contradicts, or is 
     inconsistent with sweepstakes rules or any other disclosure 
     required to be made under this subsection, including any 
     statement qualifying, limiting, or explaining the rules or 
     disclosures in a manner inconsistent with such rules or 
     disclosures;
       ``(B)(i) includes entry materials for a skill contest or a 
     promotion that purports to be a skill contest; and
       ``(ii)(I) does not state all terms and conditions of the 
     skill contest, including the rules and entry procedures for 
     the skill contest;
       ``(II) does not disclose the sponsor or mailer of the skill 
     contest and the principal place of business or an address at 
     which the sponsor or mailer may be contacted; or
       ``(III) does not contain skill contest rules that state, as 
     applicable--
       ``(aa) the number of rounds or levels of the contest and 
     the cost to enter each round or level;
       ``(bb) that subsequent rounds or levels will be more 
     difficult to solve;
       ``(cc) the maximum cost to enter all rounds or levels;
       ``(dd) the estimated number or percentage of entrants who 
     may correctly solve the skill contest or the approximate 
     number or percentage of entrants correctly solving the past 3 
     skill contests conducted by the sponsor;
       ``(ee) the identity or description of the qualifications of 
     the judges if the contest is judged by other than the 
     sponsor;
       ``(ff) the method used in judging;
       ``(gg) the date by which the winner or winners will be 
     determined and the date or process by which prizes will be 
     awarded;
       ``(hh) the quantity, estimated retail value, and nature of 
     each prize; and
       ``(ii) the schedule of any payments made over time; or
       ``(C) includes any facsimile check that does not contain a 
     statement on the check itself that such check is not a 
     negotiable instrument and has no cash value.
       ``(4) Matter that appears in a magazine, newspaper, or 
     other periodical and contains materials that are a facsimile 
     check, skill contest, or sweepstakes is exempt from paragraph 
     (3), if the matter--
       ``(A) is not directed to a named individual; or
       ``(B) does not include an opportunity to make a payment or 
     order a product or service.
       ``(5) Any statement, notice, or disclaimer required under 
     paragraph (3) shall be clearly and conspicuously displayed.
       ``(6) In the enforcement of paragraph (3), the Postal 
     Service shall consider all of the materials included in the 
     mailing and the material and language on and visible through 
     the envelope.
       ``(l)(1) Any person who uses the mails for any matter to 
     which subsection (h), (i), (j), or (k) applies shall adopt 
     reasonable practices and procedures to prevent the mailing of 
     such matter to any person who, personally or through a 
     conservator, guardian, individual with power of attorney--
       ``(A) submits to the mailer of such matter a written 
     request that such matter should not be mailed to such person; 
     or
       ``(B)(i) submits such a written request to the attorney 
     general of the appropriate State (or any State government 
     officer who transmits the request to that attorney general); 
     and
       ``(ii) that attorney general transmits such request to the 
     mailer.
       ``(2) Any person who mails matter to which subsection (h), 
     (i), (j), or (k) applies shall maintain or cause to be 
     maintained a record of all requests made under paragraph (1). 
     The records shall be maintained in a form to permit the 
     suppression of an applicable name at the applicable address 
     for a 5-year period beginning on the date the written request 
     under paragraph (1) is submitted to the mailer.''.

     SEC. 4. POSTAL SERVICE ORDERS TO PROHIBIT DECEPTIVE MAILINGS.

       Section 3005(a) of title 39, United States Code, is 
     amended--
       (1) by striking ``or'' after ``(h),'' both places it 
     appears; and
       (2) by inserting ``, (j), or (k)'' after ``(i)'' in both 
     such places.

     SEC. 5. TEMPORARY RESTRAINING ORDER FOR DECEPTIVE MAILINGS.

       Section 3007 of title 39, United States Code, is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by striking subsection (a) and inserting the following:
       ``(a)(1) In preparation for or during the pendency of 
     proceedings under sections 3005 and 3006, the Postal Service, 
     in accordance with section 409(d), may apply to the district 
     court in any district in which mail is sent or received as 
     part of the alleged scheme, device, lottery, gift enterprise, 
     sweepstakes, skill contest, or facsimile check or in any 
     district in which the defendant is found, for a temporary 
     restraining order and preliminary injunction under the 
     procedural requirements of rule 65 of the Federal Rules of 
     Civil Procedure.
       ``(2)(A) Upon a proper showing, the court shall enter an 
     order which shall--
       ``(i) remain in effect during pendency of the statutory 
     proceedings, any judicial review of such proceedings, or any 
     action to enforce orders issued under the proceedings; and
       ``(ii) direct the detention by the postmaster, in any and 
     all districts, of the defendant's incoming mail and outgoing 
     mail, which is the subject of the proceedings under sections 
     3005 and 3006.
       ``(B) A proper showing under this paragraph shall require 
     proof of a likelihood of success on the merits of the 
     proceedings under section 3005 or 3006.
       ``(3) Mail detained under paragraph (2) shall--
       ``(A) be made available at the post office of mailing or 
     delivery for examination by the defendant in the presence of 
     a postal employee; and
       ``(B) be delivered as addressed if such mail is clearly 
     shown not to be the subject of proceedings under sections 
     3005 and 3006.
       ``(4) No finding of the defendant's intent to make a false 
     representation or to conduct a lottery is required to support 
     the issuance of an order under this section.
       ``(b) If any order is issued under subsection (a) and the 
     proceedings under section 3005 or 3006 are concluded with the 
     issuance of an order under that section, any judicial review 
     of the matter shall be in the district in which the order 
     under subsection (a) was issued.''.

     SEC. 6. CIVIL PENALTIES AND COSTS.

       Section 3012 of title 39, United States Code, is amended--
       (1) in subsection (a) by striking ``$10,000 for each day 
     that such person engages in conduct described by paragraph 
     (1), (2), or (3) of this subsection.'' and inserting 
     ``$50,000 for each mailing of less than 50,000 pieces;

[[Page S9987]]

     $100,000 for each mailing of 50,000 to 100,000 pieces; with 
     an additional $10,000 for each additional 10,000 pieces above 
     100,000, not to exceed $2,000,000.'';
       (2) in subsection (b) (1) and (2) by inserting after ``of 
     subsection (a)'' the following: ``, (c), or (d)'';
       (3) by redesignating subsections (c) and (d), as 
     subsections (e) and (f), respectively;
       (4) by inserting after subsection (b) the following:
       ``(c)(1) In any proceeding in which the Postal Service may 
     issue an order under section 3005(a), the Postal Service may 
     in lieu of that order or as part of that order assess civil 
     penalties in an amount not to exceed $25,000 for each mailing 
     of less than 50,000 pieces; $50,000 for each mailing of 
     50,000 to 100,000 pieces; with an additional $5,000 for each 
     additional 10,000 pieces above 100,000, not to exceed 
     $1,000,000.
       ``(2) In any proceeding in which the Postal Service 
     assesses penalties under this subsection the Postal Service 
     shall determine the civil penalty taking into account the 
     nature, circumstances, extent, and gravity of the violation 
     or violations of section 3005(a), and with respect to the 
     violator, the ability to pay the penalty, the effect of the 
     penalty on the ability of the violator to conduct lawful 
     business, any history of prior violations of such section, 
     the degree of culpability and other such matters as justice 
     may require.
       ``(d) Any person who violates section 3001(l) shall be 
     liable to the United States for a civil penalty not to exceed 
     $10,000 for each mailing to an individual.''; and
       (5) by amending subsection (e) (as redesignated by 
     paragraph (3) of this section) to read as follows:
       ``(e)(1) From all civil penalties collected in the 
     administrative and judicial enforcement of this chapter, an 
     amount equal to the administrative and judicial costs 
     incurred by the Postal Service in such enforcement, not to 
     equal or exceed $500,000 in each year, shall be--
       ``(A) deposited in the Postal Service Fund established 
     under section 2003; and
       ``(B) available for payment of such costs.
       ``(2) Except for amounts deposited in the Postal Service 
     Fund under paragraph (1), all civil penalties collected in 
     the administrative and judicial enforcement of this chapter 
     shall be deposited in the General Fund of the Treasury.''.

     SEC. 7. ADDITIONAL AUTHORITY FOR THE POSTAL INSPECTION 
                   SERVICE.

       (a) In General.--Chapter 30 of title 39, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3016. Administrative subpoenas

       ``(a) Authorization of Use of Subpoenas by Postmaster 
     General.--In any investigation conducted under this chapter, 
     the Postmaster General may require by subpoena the production 
     of any records (including books, papers, documents, and other 
     tangible things which constitute or contain evidence) which 
     the Postmaster General finds relevant or material to the 
     investigation.
       ``(b) Service.--
       ``(1) Service within the united states.--A subpoena issued 
     under this section may be served by a person designated under 
     section 3061 of title 18 at any place within the territorial 
     jurisdiction of any court of the United States.
       ``(2) Foreign service.--Any such subpoena may be served 
     upon any person who is not to be found within the territorial 
     jurisdiction of any court of the United States, in such 
     manner as the Federal Rules of Civil Procedure prescribe for 
     service in a foreign country. To the extent that the courts 
     of the United States may assert jurisdiction over such person 
     consistent with due process, the United States District Court 
     for the District of Columbia shall have the same jurisdiction 
     to take any action respecting compliance with this section by 
     such person that such court would have if such person were 
     personally within the jurisdiction of such court.
       ``(3) Service on business persons.--Service of any such 
     subpoena may be made by a Postal Inspector upon a 
     partnership, corporation, association, or other legal entity 
     by--
       ``(A) delivering a duly executed copy thereof to any 
     partner, executive officer, managing agent, or general agent 
     thereof, or to any agent thereof authorized by appointment or 
     by law to receive service of process on behalf of such 
     partnership, corporation, association, or entity;
       ``(B) delivering a duly executed copy thereof to the 
     principal office or place of business of the partnership, 
     corporation, association, or entity; or
       ``(C) depositing such copy in the United States mails, by 
     registered or certified mail, return receipt requested, duly 
     addressed to such partnership, corporation, association, or 
     entity at its principal office or place of business.
       ``(4) Service on natural persons.--Service of any subpoena 
     may be made upon any natural person by--
       ``(A) delivering a duly executed copy to the person to be 
     served; or
       ``(B) depositing such copy in the United States mails, by 
     registered or certified mail, return receipt requested, duly 
     addressed to such person at his residence or principal office 
     or place of business.
       ``(5) Verified return.--A verified return by the individual 
     serving any such subpoena setting forth the manner of such 
     service shall be proof of such service. In the case of 
     service by registered or certified mail, such return shall be 
     accompanied by the return post office receipt of delivery of 
     such subpoena.
       ``(c) Enforcement.--
       ``(1) In general.--Whenever any person, partnership, 
     corporation, association, or entity fails to comply with any 
     subpoena duly served upon him, the Postmaster General may 
     request that the Attorney General seek enforcement of the 
     subpoena in the district court of the United States for any 
     judicial district in which such person resides, is found, or 
     transacts business, and serve upon such person a petition for 
     an order of such court for the enforcement of this section.
       ``(2) Jurisdiction.--Whenever any petition is filed in any 
     district court of the United States under this section, such 
     court shall have jurisdiction to hear and determine the 
     matter so presented, and to enter such order or orders as may 
     be required to carry into effect the provisions of this 
     section. Any final order entered shall be subject to appeal 
     under section 1291 of title 28. Any disobedience of any final 
     order entered under this section by any court may be punished 
     as contempt.
       ``(d) Disclosure.--Any documentary material provided 
     pursuant to any subpoena issued under this section shall be 
     exempt from disclosure under section 552 of title 5.''.
       (b) Regulations.--Not later than 120 days after the date of 
     enactment of this section, the Postal Service shall 
     promulgate regulations setting out the procedures the Postal 
     Service will use to implement this section.
       (c) Technical and Conforming Amendment.--The table of 
     sections for chapter 30 of title 39, United States Code, is 
     amended by adding at the end the following:

``3016. Administrative subpoenas.''.

     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

[[Page S9988]]

     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.

     SEC. 9. STATE LAW NOT PREEMPTED.

       (a) In General.--Nothing in the provisions of this Act 
     (including the amendments made by this Act) or in the 
     regulations promulgated under such provisions shall be 
     construed to preempt any provision of State or local law that 
     imposes more restrictive requirements, regulations, damages, 
     costs, or penalties. No determination by the Postal Service 
     that any particular piece of mail or class of mail is in 
     compliance with such provisions of this Act shall be 
     construed to preempt any provision of State or local law.
       (b) Effect on State Court Proceedings.--Nothing contained 
     in this section shall be construed to prohibit an authorized 
     State official from proceeding in State court on the basis of 
     an alleged violation of any general civil or criminal statute 
     of such State or any specific civil or criminal statute of 
     such State.

     SEC. 10. EFFECTIVE DATE.

       Except as provided in section 8, this Act shall take effect 
     120 days after the date of enactment of this Act.
  The title was amended so as to read: ``A bill to amend chapter 30 of 
title 39, United States Code, to provide for the nonmailability of 
certain deceptive matter relating to sweepstakes, skill contests, 
facsimile checks, administrative procedures, orders, and civil 
penalties relating to such matter, and for other purposes.''.
  Ms. COLLINS. Mr. President, I move to reconsider the vote.
  Mr. LEVIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

                          ____________________