§ 3001. Nonmailable matter

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. Probably should be “paragraph”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Postal Reorganization Act

   Pub. L. 91–375 · 84 Stat. 719

   Enacted · 39 U.S.C. § 3001

   Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 745

   Source evidence

   Code source credit
   Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 745

2. 1971

   Pub. L. 91–662 § 6(1)(A) · 84 Stat. 1973

   1. Added · 39 U.S.C. § 3001(e); 39 U.S.C. § 3001(f)

      Pub. L. 91–662, § 6(1)(A), (B), added subsec. (e)

   2. Redesignated · 39 U.S.C. § 3001(e); 39 U.S.C. § 3001(f)

      Pub. L. 91–662, § 6(1)(A), (B), redesignated former subsec. (e) as (f). Section 5(a) of Pub. L. 91–662 inserted a similar provision to section 4001 of former Title 39, The Postal Service, pending the effective date of this section. Said amendment to section 4001 has not been executed in view of the passage of Title 39, Postal Service, as enacted by the Postal Reorganization Act

   Source evidence

   Code amendment note
   Subsecs. (e), (f). Pub. L. 91–662, § 6(1)(A), (B), added subsec. (e) and redesignated former subsec. (e) as (f). Section 5(a) of Pub. L. 91–662 inserted a similar provision to section 4001 of former Title 39, The Postal Service, pending the effective date of this section. Said amendment to section 4001 has not been executed in view of the passage of Title 39, Postal Service, as enacted by the Postal Reorganization Act.

   Enacted provision · exact public law section
   (A) by redesignating subsection (e) as (f); and

3. 1971

   Pub. L. 92–191 § 2 · 85 Stat. 646

   Added · 39 U.S.C. § 3001(g)

   Pub. L. 92–191 added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 92–191 added subsec. (g).

   Enacted provision · exact public law section
   Sec. 2. Section 3001 of title 39, United States Code., as enacted by District courts, jurisdiction. 84 Stat. 745, 1974. the Postal Reorganization Act (P.L. 91–375), is amended by adding at the end thereof the following new subsection: “(g) The district courts, together with the District Court of the Virgin Islands and the District Court of Guam, shall have jurisdiction, upon cause shown, to enjoin violations of section 1716 of title 18.”

4. 2008

   Food, Conservation, and Energy Act of 2008

   Pub. L. 110–246 § 14207(a)(8) · 122 Stat. 1651

   Changed · 39 U.S.C. § 3001

   Pub. L. 110–246, § 14207(a)(8), renumbered Pub. L. 89–544, § 26(h)(2), as § 26(i)(2). See 1976 Amendment note below

   Source evidence

   Code amendment note
   Pub. L. 110–246, § 14207(a)(8), renumbered Pub. L. 89–544, § 26(h)(2), as § 26(i)(2). See 1976 Amendment note below.

   Enacted provision · exact public law section
   (8) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively;

5. 1976

   Pub. L. 89–544 § 26(i)(2) · 80 Stat. 350

   1. Added · 39 U.S.C. § 3001(a)

      Pub. L. 89–544, § 26(i)(2), formerly § 26(h)(2), as added Pub. L. 94–279, § 17, and renumbered § 26(i)(2) by Pub. L. 110–246, § 14207(a)(8)

   2. Inserted · 39 U.S.C. § 3001(a)

      Pub. L. 89–544, § 26(i)(2), formerly § 26(h)(2), as inserted “, or section 26 of the Animal Welfare Act” after “title 18”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 89–544, § 26(i)(2), formerly § 26(h)(2), as added Pub. L. 94–279, § 17, and renumbered § 26(i)(2) by Pub. L. 110–246, § 14207(a)(8), inserted “, or section 26 of the Animal Welfare Act” after “title 18”.

6. 1982

   False Identification Crime Control Act of 1982

   Pub. L. 97–398 § 5 · 96 Stat. 2009

   Substituted · 39 U.S.C. § 3001(a)

   Pub. L. 97–398 substituted “, 1718, or 1738” for “or 1718”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–398 substituted “, 1718, or 1738” for “or 1718”.

   Enacted provision · exact public law section
   Sec. 5. Section 3001(a) of title 39, United States Code, is amended by striking out “or 1718” and inserting in lieu thereof “, 1718, or 1738”.

7. 1990

   Drug and Household Substance Mailing Act of 1990

   Pub. L. 101–493 § 2 · 104 Stat. 1184

   1. Added · 39 U.S.C. § 3001(f)

      Pub. L. 101–493 added subsec. (f). Former subsec. (f), as added by Pub. L. 101–524

   2. Redesignated · 39 U.S.C. § 3001(f)

      Pub. L. 101–493 redesignated (h)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–493 added subsec. (f). Former subsec. (f), as added by Pub. L. 101–524, redesignated (h).

   Enacted provision · exact public law section
   SEC. 2. MEASURES TO PREVENT INDIVIDUALS FROM BEING INVOLUNTARILY EXPOSED TO POTENTIALLY HAZARDOUS SUBSTANCES RECEIVED THROUGH THE MAILS. Section 3001 of title 39, United States Code, is amended by redesignating subsections (f) and (g) as subsections (h) and (i), respectively, and by inserting after subsection (e) the following: “(f) Any matter which is unsolicited by the addressee, which contains a ‘household substance’ (as defined by section 2 of the Poison Prevention Packaging Act of 1970), and which does not comply with the requirements for special child-resistant packaging established for that substance by the Consumer Product Safety Commission, is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs. “(g) (1) Matter otherwise legally acceptable in the mails which contains or includes a fragrance advertising sample is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless the sample is sealed, wrapped, treated, or otherwise prepared in a manner reasonably designed to prevent individuals from being unknowingly or involuntarily exposed to the sample. “(2) The Postal Service shall by regulation establish the standards or requirements which a fragrance advertising sample must satisfy in order for the mail matter involved not to be considered nonmailable under this subsection.”.

8. 1990

   Drug and Household Substance Mailing Act of 1990

   Pub. L. 101–493 § 2 · 104 Stat. 1184

   1. Added · 39 U.S.C. § 3001(g)

      Pub. L. 101–493 added subsec. (g). Former subsec. (g), as added by Pub. L. 101–524

   2. Redesignated · 39 U.S.C. § 3001(g)

      Pub. L. 101–493 redesignated (i)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–493 added subsec. (g). Former subsec. (g), as added by Pub. L. 101–524, redesignated (i).

   Enacted provision · exact public law section
   SEC. 2. MEASURES TO PREVENT INDIVIDUALS FROM BEING INVOLUNTARILY EXPOSED TO POTENTIALLY HAZARDOUS SUBSTANCES RECEIVED THROUGH THE MAILS. Section 3001 of title 39, United States Code, is amended by redesignating subsections (f) and (g) as subsections (h) and (i), respectively, and by inserting after subsection (e) the following: “(f) Any matter which is unsolicited by the addressee, which contains a ‘household substance’ (as defined by section 2 of the Poison Prevention Packaging Act of 1970), and which does not comply with the requirements for special child-resistant packaging established for that substance by the Consumer Product Safety Commission, is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs. “(g) (1) Matter otherwise legally acceptable in the mails which contains or includes a fragrance advertising sample is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless the sample is sealed, wrapped, treated, or otherwise prepared in a manner reasonably designed to prevent individuals from being unknowingly or involuntarily exposed to the sample. “(2) The Postal Service shall by regulation establish the standards or requirements which a fragrance advertising sample must satisfy in order for the mail matter involved not to be considered nonmailable under this subsection.”.

9. 1990

   Drug and Household Substance Mailing Act of 1990

   Pub. L. 101–493 § 2 · 104 Stat. 1184

   Redesignated · 39 U.S.C. § 3001(h)

   Pub. L. 101–493 redesignated subsec. (f), as added by Pub. L. 101–524, as (h)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 101–493 redesignated subsec. (f), as added by Pub. L. 101–524, as (h).

   Enacted provision · exact public law section
   SEC. 2. MEASURES TO PREVENT INDIVIDUALS FROM BEING INVOLUNTARILY EXPOSED TO POTENTIALLY HAZARDOUS SUBSTANCES RECEIVED THROUGH THE MAILS. Section 3001 of title 39, United States Code, is amended by redesignating subsections (f) and (g) as subsections (h) and (i), respectively, and by inserting after subsection (e) the following: “(f) Any matter which is unsolicited by the addressee, which contains a ‘household substance’ (as defined by section 2 of the Poison Prevention Packaging Act of 1970), and which does not comply with the requirements for special child-resistant packaging established for that substance by the Consumer Product Safety Commission, is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs. “(g) (1) Matter otherwise legally acceptable in the mails which contains or includes a fragrance advertising sample is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless the sample is sealed, wrapped, treated, or otherwise prepared in a manner reasonably designed to prevent individuals from being unknowingly or involuntarily exposed to the sample. “(2) The Postal Service shall by regulation establish the standards or requirements which a fragrance advertising sample must satisfy in order for the mail matter involved not to be considered nonmailable under this subsection.”.

10. 1990

    Drug and Household Substance Mailing Act of 1990

    Pub. L. 101–493 § 2 · 104 Stat. 1184

    Redesignated · 39 U.S.C. § 3001(i)

    Pub. L. 101–493 redesignated subsec. (g), as added by Pub. L. 101–524, as (i)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–493 redesignated subsec. (g), as added by Pub. L. 101–524, as (i).

    Enacted provision · exact public law section
    SEC. 2. MEASURES TO PREVENT INDIVIDUALS FROM BEING INVOLUNTARILY EXPOSED TO POTENTIALLY HAZARDOUS SUBSTANCES RECEIVED THROUGH THE MAILS. Section 3001 of title 39, United States Code, is amended by redesignating subsections (f) and (g) as subsections (h) and (i), respectively, and by inserting after subsection (e) the following: “(f) Any matter which is unsolicited by the addressee, which contains a ‘household substance’ (as defined by section 2 of the Poison Prevention Packaging Act of 1970), and which does not comply with the requirements for special child-resistant packaging established for that substance by the Consumer Product Safety Commission, is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs. “(g) (1) Matter otherwise legally acceptable in the mails which contains or includes a fragrance advertising sample is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless the sample is sealed, wrapped, treated, or otherwise prepared in a manner reasonably designed to prevent individuals from being unknowingly or involuntarily exposed to the sample. “(2) The Postal Service shall by regulation establish the standards or requirements which a fragrance advertising sample must satisfy in order for the mail matter involved not to be considered nonmailable under this subsection.”.

11. 1990

    Deceptive Mailings Prevention Act of 1990

    Pub. L. 101–524 § 2(a) · 104 Stat. 2301

    Redesignated · 39 U.S.C. § 3001(f)

    Pub. L. 101–524 added subsec. (f). Former subsec. (f) redesignated (i)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–524 added subsec. (f). Former subsec. (f) redesignated (i).

    Enacted provision · exact public law section
    (a) Prohibition of Deceptive Mailings.— Section 3001 of title 39, Regulations. 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 constitutes 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 Government 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 connection, 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 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 prescribe; 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. “(g) Matter otherwise legally acceptable in the mails which constitutes 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 Federal Government 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 connection, 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 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 prescribe; 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.”.

12. 1990

    Deceptive Mailings Prevention Act of 1990

    Pub. L. 101–524 § 2(a) · 104 Stat. 2301

    Redesignated · 39 U.S.C. § 3001(g)

    Pub. L. 101–524 added subsec. (g). Former subsec. (g) redesignated (j)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 101–524 added subsec. (g). Former subsec. (g) redesignated (j).

    Enacted provision · exact public law section
    (a) Prohibition of Deceptive Mailings.— Section 3001 of title 39, Regulations. 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 constitutes 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 Government 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 connection, 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 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 prescribe; 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. “(g) Matter otherwise legally acceptable in the mails which constitutes 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 Federal Government 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 connection, 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 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 prescribe; 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.”.

13. 1990

    Deceptive Mailings Prevention Act of 1990

    Pub. L. 101–524 § 2(a) · 104 Stat. 2301

    Redesignated · 39 U.S.C. § 3001(i)

    Pub. L. 101–524 redesignated subsec. (f) as (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 101–524 redesignated subsec. (f) as (i).

    Enacted provision · exact public law section
    (a) Prohibition of Deceptive Mailings.— Section 3001 of title 39, Regulations. 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 constitutes 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 Government 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 connection, 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 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 prescribe; 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. “(g) Matter otherwise legally acceptable in the mails which constitutes 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 Federal Government 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 connection, 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 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 prescribe; 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.”.

14. 1990

    Deceptive Mailings Prevention Act of 1990

    Pub. L. 101–524 § 2(a) · 104 Stat. 2301

    Redesignated · 39 U.S.C. § 3001(j)

    Pub. L. 101–524 redesignated subsec. (g) as (j)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 101–524 redesignated subsec. (g) as (j).

    Enacted provision · exact public law section
    (a) Prohibition of Deceptive Mailings.— Section 3001 of title 39, Regulations. 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 constitutes 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 Government 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 connection, 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 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 prescribe; 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. “(g) Matter otherwise legally acceptable in the mails which constitutes 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 Federal Government 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 connection, 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 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 prescribe; 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.”.

15. 1991

    Pub. L. 102–71 § 2(1) · 105 Stat. 330

    Redesignated · 39 U.S.C. § 3001(i)(k)

    Pub. L. 102–71 redesignated subsec. (i), relating to conduct of proceedings concerning mailability of certain matter, as (j), and former subsec. (j), relating to jurisdiction of district courts, as (k)

    Source evidence

    Code amendment note
    Subsecs. (i) to (k). Pub. L. 102–71 redesignated subsec. (i), relating to conduct of proceedings concerning mailability of certain matter, as (j), and former subsec. (j), relating to jurisdiction of district courts, as (k).

    Enacted provision · exact public law section
    (1) in section 3001, by redesignating the 2 subsections immediately following the first subsection (i) as subsections (j) and (k), respectively; and

16. 1999

    Deceptive Mail Prevention and Enforcement Act

    Pub. L. 106–168 § 110(a) · 113 Stat. 1806

    Struck · 39 U.S.C. § 3001(a)

    Pub. L. 106–168, § 110(a), struck out “1714,” after “1463,” and “1718,” after “1717,”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–168, § 110(a), struck out “1714,” after “1463,” and “1718,” after “1717,”.

    Enacted provision · exact public law section
    (a) References to Repealed Provisions.— Section 3001(a) of title 39, United States Code, is amended by striking “1714,” and “1718,”.

17. 1999

    Deceptive Mail Prevention and Enforcement Act

    Pub. L. 106–168 § 102(1)(A) · 113 Stat. 1806

    Substituted · 39 U.S.C. § 3001(h)

    Pub. L. 106–168, § 102(1)(A), in introductory provisions, substituted “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” for “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”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 106–168, § 102(1)(A), in introductory provisions, substituted “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” for “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”.

    Enacted provision · exact public law section
    (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

18. 1999

    Deceptive Mail Prevention and Enforcement Act

    Pub. L. 106–168 § 102(1)(B) · 113 Stat. 1806

    Added · 39 U.S.C. § 3001(h)(2)(C)

    Pub. L. 106–168, § 102(1)(B), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (h)(2)(C). Pub. L. 106–168, § 102(1)(B), added subpar. (C).

    Enacted provision · exact public law section
    (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) such matter does not contain a false representation stating or implying that Federal Government benefits or services will be affected by any purchase or nonpurchase; or”;

19. 1999

    Deceptive Mail Prevention and Enforcement Act

    Pub. L. 106–168 § 102(2)(A) · 113 Stat. 1806

    Substituted · 39 U.S.C. § 3001(i)

    Pub. L. 106–168, § 102(2)(A), in introductory provisions, substituted “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” for “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”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 106–168, § 102(2)(A), in introductory provisions, substituted “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” for “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”.

    Enacted provision · exact public law section
    (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

20. 1999

    Deceptive Mail Prevention and Enforcement Act

    Pub. L. 106–168 § 102(2)(B) · 113 Stat. 1806

    Added · 39 U.S.C. § 3001(i)(2)(C)

    Pub. L. 106–168, § 102(2)(B), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (i)(2)(C). Pub. L. 106–168, § 102(2)(B), added subpar. (C).

    Enacted provision · exact public law section
    (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) such matter does not contain a false representation stating or implying that Federal Government benefits or services will be affected by any contribution or noncontribution; or”;

21. 1999

    Deceptive Mail Prevention and Enforcement Act

    Pub. L. 106–168 § 102(3) · 113 Stat. 1806

    Redesignated · 39 U.S.C. § 3001(j)

    Pub. L. 106–168, § 102(3), (4), added subsec. (j). Former subsec. (j) redesignated (m)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 106–168, § 102(3), (4), added subsec. (j). Former subsec. (j) redesignated (m).

    Enacted provision · exact public law section
    (3) by redesignating subsections (j) and (k) as subsections(m) and (n), respectively; and

22. 1999

    Deceptive Mail Prevention and Enforcement Act

    Pub. L. 106–168 title I · 113 Stat. 1806

    Redesignated · 39 U.S.C. § 3001(k)

    Pub. L. 106–168, §§ 102(3), 103, added subsec. (k). Former subsec. (k) redesignated (n)

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 106–168, §§ 102(3), 103, added subsec. (k). Former subsec. (k) redesignated (n).

    Enacted provision · exact public law
    TITLE I— DECEPTIVE MAIL PREVENTION AND ENFORCEMENT SEC. 101. SHORT TITLE. This title may be cited as the “Deceptive Mail Prevention and Enforcement Act”. SEC. 102. RESTRICTIONS ON MAILINGS USING MISLEADING REFERENCES TO THE UNITED STATES GOVERNENT. 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) such matter does not contain a false representation stating or 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) such matter does not contain a false representation stating or implying that Federal Government benefits or services will be affected by any contribution or noncontribution; or”; (3) by redesignating subsections (j) and (k) as subsections(m) and (n), respectively; and (4) by inserting after subsection (i) the following: “(j) (1) Any matter otherwise legally acceptable in the mails which is described in paragraph (2) is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs. “(2) Matter described in this paragraph is any matter that— “(A) constitutes a solicitation for the purchase of or payment for 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 set forth in clauses (i) and (ii) of subparagraph (A).”. SEC. 103. 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 102(4)) the following: “(k) (1) In this subsection— “(A) the term ‘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) the term ‘facsimile check’ means any matter that— “(i) is designed to resemble a check or other negotiable instrument; but “(ii) is not negotiable; “(C) the term ‘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) the term ‘sweepstakes’ means a game of chance for which no consideration is required to enter. “(2) Except as provided in paragraph (4), any matter otherwise legally acceptable in the mails which is described in paragraph(3) is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs. “(3) Matter described in this paragraph is any matter 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 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 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— the estimated odds of winning each prize; the quantity, estimated retail value, and nature of each prize; and the schedule of any payments made over time; “(VI) represents that individuals not purchasing products or services may be disqualified from receiving future sweepstakes mailings; “(VII) requires that a sweepstakes entry be accompanied by an order or payment for a product or service previously ordered; “(VIII) represents that an individual is a winner of a prize unless that individual has won such 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— the number of rounds or levels of the contest and the cost to enter each round or level; that subsequent rounds or levels will be more difficult to solve; the maximum cost to enter all rounds or levels; 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; the identity or description of the qualifications of the judges if the contest is judged by other than the sponsor; the method used in judging; the date by which the winner or winners will be determined and the date or process by which prizes will be awarded; the quantity, estimated retail value, and nature of each prize; and 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 shall be exempt from paragraph (2) if such 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. Any statement, notice, or disclaimer required under subclause (I) or (II) of paragraph (3)(A)(ii) shall be displayed more conspicuously than would otherwise be required under the preceding sentence. “(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 or outside cover or wrapper in which those materials are mailed. “(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, or 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. 104. POSTAL SERVICE ORDERS TO PROHIBIT DECEPTIVE MAILINGS. Section 3005(a) of title 39, United States Code, is amended— (1) by striking “or” after “(h),” each place it appears; and (2) by inserting “, (j), or (k)” after “(i)” each place it appears. SEC. 105. TEMPORARY RESTRAINING ORDER FOR DECEPTIVE MAILINGS. (a) In General.— 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 section 3005, the Postal Service may, under the provisions of section 409(d), 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 the 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 section 3005. “(B) A proper showing under this paragraph shall require proof of a likelihood of success on the merits of the proceedings under section 3005. “(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 not clearly shown to be the subject of proceedings under section 3005. “(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 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.”. (b) Repeal.— (1) In general.— Section 3006 of title 39, United States Code, and the item relating to such section in the table of sections for chapter 30 of such title are repealed. (2) Conforming amendments.— (A) Section 3005(c) of title 39, United States Code, is amended by striking “section and section 3006 of this title,” and inserting “section,”. (B) Section 3011(e) of title 39, United States Code, is amended by striking “3006, 3007,” and inserting “3007”. SEC. 106. 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; $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 paragraphs (1) and (2) of subsection (b) by inserting after “of subsection (a)” the following: “, (c), or (d)”; (3) by redesignating subsections (c) and (d), as subsections (e) and (f), respectively; and (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(1) shall be liable to the United States for a civil penalty not to exceed $10,000 for each mailing to an individual.”. SEC. 107. ADMINISTRATIVE SUBPOENAS. (a) In General.— Chapter 30 of title 39, United States Code, is amended by adding at the end the following: “§3016. Administrative subpoenas. “(a) Subpoena Authority.— “(1) Investigations.— “(A) In general.— In any investigation conducted under section 3005(a), 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 considers relevant or material to such investigation. “(B) Condition.— No subpoena shall be issued under this paragraph except in accordance with procedures, established by the Postal Service, requiring that— “(i) a specific case, with an individual or entity identified as the subject, be opened before a subpoena is requested; “(ii) appropriate supervisory and legal review of a subpoena request be performed; and “(iii) delegation of subpoena approval authority be limited to the Postal Service’s General Counsel or a Deputy General Counsel. “(2) Statutory proceedings.— In any statutory proceeding conducted under section 3005(a), the Judicial Officer may require by subpoena the attendance and testimony of witnesses and the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Judicial Officer considers relevant or material to such proceeding. “(3) Rule of construction.— Nothing in paragraph (2) shall be considered to apply in any circumstance to which paragraph (1) applies. “(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 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, United States Code. 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, United States Code.”. (b) Regulations.— Not later than 120 days after the date of Deadline. 39 USC 3016 note. the enactment of this section, the Postal Service shall promulgate regulations setting out the procedures the Postal Service will use to implement the amendment made by subsection (a). (c) Semiannual Reports.— Section 3013 of title 39, United States Code, is amended by striking “and” at the end of paragraph(4), by redesignating paragraph (5) as paragraph (6), and by inserting after paragraph (4) the following: “(5) the number of cases in which the authority described in section 3016 was used, and a comprehensive statement describing how that authority was used in each of those cases; and”. (d) 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. 108. REQUIREMENTS OF PROMOTERS OF SKILL CONTESTS OR SWEEPSTAKES MAILINGS. (a) In General.— Chapter 30 of title 39, United States Code (as amended by section 107) is amended by adding after section 3016 the following: “§3017. Nonmailable skill contests or sweepstakes matter; notification to prohibit mailings “(a) Definitions.“ In this section— “(1) the term ‘promoter’ means any person who— “(A) originates and mails any skill contest or sweepstakes, except for any matter described in section 3001(k)(4); or “(B) originates and causes to be mailed any skill contest or sweepstakes, except for any matter described in section 3001(k)(4); “(2) the term ‘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) the terms ‘skill contest’, ‘sweepstakes’, and ‘clearly and conspicuously displayed’ have the same meanings as given them in section 3001(k); and “(4) the term ‘duly authorized person’, as used in connection with an individual, means a conservator or guardian of, or person granted power of attorney by, such individual. “(b) Nonmailable Matter.— “(1) In general.— Matter otherwise legally acceptable in the mails described in 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 described in this paragraph is any matter that— “(A) is a skill contest or sweepstakes, except for any matter described in 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 60 calendar days Deadline. 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) Private Right of Action.— “(1) In general.— An individual who receives one or more mailings in violation of subsection (d) may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State— “(A) an action to enjoin such violation; “(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater; or “(C) both such actions. It shall be an affirmative defense in any action brought under this subsection that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent mailings in violation of subsection (d). If the court finds that the defendant willfully or knowingly violated subsection (d), the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B). “(2) Action allowable based on other sufficient notice.— A mailing sent in violation of section 3001(l) shall be actionable under this subsection, but only if such an action would not also be available under paragraph (1) (as a violation of subsection (d)) based on the same mailing. “(f) 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. “(g) 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 in 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. “(h) 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, in accordance with the same procedures as set forth in section 3012(b), provide for the assessment of 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) 39 USC 3017 note. Effective Date.— This section shall take effect 1 year after the date of the enactment of this Act. SEC. 109. 39 USC 3001 note. STATE LAW NOT PREEMPTED. (a) In General.— Nothing in the provisions of this title (including the amendments made by this title) 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 title 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. 110. TECHNICAL AND CONFORMING AMENDMENTS. (a) References to Repealed Provisions.— Section 3001(a) of title 39, United States Code, is amended by striking “1714,” and “1718,”. (b) Conformance With Inspector General Act of 1978.— (1) In general.— Section 3013 of title 39, United States Code, is amended— (A) by striking “Board” each place it appears and inserting “Inspector General”; (B) in the third sentence by striking “Each such report shall be submitted within sixty days after the close of the reporting period involved” and inserting “Each such report shall be submitted within 1 month (or such shorter length of time as the Inspector General may specify) after the close of the reporting period involved”; and (C) by striking the last sentence and inserting the following: “The information in a report submitted under this section to the Inspector General with respect to a reporting period shall be included as part of the semiannual report prepared by the Inspector General under section 5 of the Inspector General Act of 1978 for the same reporting period. Nothing in this section shall be considered to permit or require that any report by the Postmaster General under this section include any information relating to activities of the Inspector General.”. (2) Effective date.— This subsection shall take effect on 39 USC 3013 note. the date of the enactment of this Act, and the amendments made by this subsection shall apply with respect to semiannual reporting periods beginning on or after such date of enactment. (3) Savings provision.— For purposes of any semiannual 39 USC 3013 note. reporting period preceding the first semiannual reporting period referred to in paragraph (2), the provisions of title 39, United States Code, shall continue to apply as if the amendments made by this subsection had not been enacted. SEC. 111. EFFECTIVE DATE. Except as provided in section 108 or 110(b), this title shall take effect 120 days after the date of the enactment of this Act.

23. 1999

    Deceptive Mail Prevention and Enforcement Act

    Pub. L. 106–168 § 103 · 113 Stat. 1806

    Added · 39 U.S.C. § 3001(l)

    Pub. L. 106–168, § 103, added subsec. (l)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 106–168, § 103, added subsec. (l).

    Enacted provision · exact public law section
    SEC. 103. 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 102(4)) the following: “(k) (1) In this subsection— “(A) the term ‘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) the term ‘facsimile check’ means any matter that— “(i) is designed to resemble a check or other negotiable instrument; but “(ii) is not negotiable; “(C) the term ‘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) the term ‘sweepstakes’ means a game of chance for which no consideration is required to enter. “(2) Except as provided in paragraph (4), any matter otherwise legally acceptable in the mails which is described in paragraph(3) is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs. “(3) Matter described in this paragraph is any matter 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 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 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— the estimated odds of winning each prize; the quantity, estimated retail value, and nature of each prize; and the schedule of any payments made over time; “(VI) represents that individuals not purchasing products or services may be disqualified from receiving future sweepstakes mailings; “(VII) requires that a sweepstakes entry be accompanied by an order or payment for a product or service previously ordered; “(VIII) represents that an individual is a winner of a prize unless that individual has won such 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— the number of rounds or levels of the contest and the cost to enter each round or level; that subsequent rounds or levels will be more difficult to solve; the maximum cost to enter all rounds or levels; 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; the identity or description of the qualifications of the judges if the contest is judged by other than the sponsor; the method used in judging; the date by which the winner or winners will be determined and the date or process by which prizes will be awarded; the quantity, estimated retail value, and nature of each prize; and 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 shall be exempt from paragraph (2) if such 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. Any statement, notice, or disclaimer required under subclause (I) or (II) of paragraph (3)(A)(ii) shall be displayed more conspicuously than would otherwise be required under the preceding sentence. “(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 or outside cover or wrapper in which those materials are mailed. “(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, or 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.”.

24. 1999

    Deceptive Mail Prevention and Enforcement Act

    Pub. L. 106–168 § 102(3) · 113 Stat. 1806

    Redesignated · 39 U.S.C. § 3001(m); 39 U.S.C. § 3001(n)

    Pub. L. 106–168, § 102(3), redesignated subsecs. (j) and (k) as (m) and (n), respectively

    Source evidence

    Code amendment note
    Subsecs. (m), (n). Pub. L. 106–168, § 102(3), redesignated subsecs. (j) and (k) as (m) and (n), respectively.

    Enacted provision · exact public law section
    (3) by redesignating subsections (j) and (k) as subsections(m) and (n), respectively; and

25. 2006

    Pub. L. 109–435 title X § 1008(a) · 120 Stat. 3198

    1. Added · 39 U.S.C. § 3001(n); 39 U.S.C. § 3001(o)

       Pub. L. 109–435 added subsec. (n)

    2. Redesignated · 39 U.S.C. § 3001(n); 39 U.S.C. § 3001(o)

       Pub. L. 109–435 redesignated former subsec. (n) as (o)

    Source evidence

    Code amendment note
    Subsecs. (n), (o). Pub. L. 109–435 added subsec. (n) and redesignated former subsec. (n) as (o).

    Enacted provision · exact public law section
    (a) Nonmailability Generally.— Section 3001 of title 39, United States Code, is amended— (1) by redesignating subsection (n) as subsection (o); and (2) by inserting after subsection (m) the following: “(n) (1) Except as otherwise authorized by law or regulations of the Postal Service, hazardous material is nonmailable. “(2) In this subsection, the term ‘hazardous material’ means a substance or material designated by the Secretary of Transportation under section 5103(a) of title 49.” .

26. 2010

    Prevent Deceptive Census Look Alike Mailings Act

    Pub. L. 111–155 § 2(a)(2) · 124 Stat. 1112

    1. Amended · 39 U.S.C. § 3001(h)

       Pub. L. 111–155, § 2(a)(2)–(5), designated existing provisions as par. (1)

    2. Redesignated · 39 U.S.C. § 3001(h)

       Pub. L. 111–155, § 2(a)(2)–(5), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1)

    3. Redesignated · 39 U.S.C. § 3001(h)

       Pub. L. 111–155, § 2(a)(2)–(5), redesignated subpars. (A) to (C) of former par. (2) as cls. (i) to (iii), respectively, of par. (1)(B)

    4. Added · 39 U.S.C. § 3001(h)

       Pub. L. 111–155, § 2(a)(2)–(5), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 111–155, § 2(a)(2)–(5), designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), redesignated subpars. (A) to (C) of former par. (2) as cls. (i) to (iii), respectively, of par. (1)(B), and added par. (2).

    Enacted provision · exact public law section
    (2) in paragraph (2), by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively;

27. 2010

    Prevent Deceptive Census Look Alike Mailings Act

    Pub. L. 111–155 § 2(a)(1) · 124 Stat. 1112

    Inserted · 39 U.S.C. § 3001(h)

    Pub. L. 111–155, § 2(a)(1), inserted “; or which bears the term ‘census’ on the envelope or outside cover or wrapper” after “such matter by the Federal Government” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–155, § 2(a)(1), inserted “; or which bears the term ‘census’ on the envelope or outside cover or wrapper” after “such matter by the Federal Government” in introductory provisions.

    Enacted provision · exact public law section
    (1) by inserting, in the matter preceding paragraph (1), “; or which bears the term ‘census’ on the envelope or outside cover or wrapper” after “such matter by the Federal Government”;

28. 2010

    Prevent Deceptive Census Look Alike Mailings Act

    Pub. L. 111–155 § 2(b)(2) · 124 Stat. 1112

    1. Amended · 39 U.S.C. § 3001(i)

       Pub. L. 111–155, § 2(b)(2)–(5), designated existing provisions as par. (1)

    2. Redesignated · 39 U.S.C. § 3001(i)

       Pub. L. 111–155, § 2(b)(2)–(5), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1)

    3. Redesignated · 39 U.S.C. § 3001(i)

       Pub. L. 111–155, § 2(b)(2)–(5), redesignated subpars. (A) to (C) of former par. (2) as cls. (i) to (iii), respectively, of par. (1)(B)

    4. Added · 39 U.S.C. § 3001(i)

       Pub. L. 111–155, § 2(b)(2)–(5), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 111–155, § 2(b)(2)–(5), designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), redesignated subpars. (A) to (C) of former par. (2) as cls. (i) to (iii), respectively, of par. (1)(B), and added par. (2).

    Enacted provision · exact public law section
    (2) in paragraph (2), by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively;

29. 2010

    Prevent Deceptive Census Look Alike Mailings Act

    Pub. L. 111–155 § 2(b)(1) · 124 Stat. 1112

    Inserted · 39 U.S.C. § 3001(i)

    Pub. L. 111–155, § 2(b)(1), inserted “; or which bears the term ‘census’ on the envelope or outside cover or wrapper” after “such matter by the Federal Government” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–155, § 2(b)(1), inserted “; or which bears the term ‘census’ on the envelope or outside cover or wrapper” after “such matter by the Federal Government” in introductory provisions.

    Enacted provision · exact public law section
    (1) by inserting, in the matter preceding paragraph (1), “; or which bears the term ‘census’ on the envelope or outside cover or wrapper” after “such matter by the Federal Government”;

30. 2010

    Pub. L. 111–170 § 1(a)(1) · 124 Stat. 1193

    Inserted · 39 U.S.C. § 3001(h)(1)

    Pub. L. 111–170, § 1(a)(1), inserted “; or on which the term ‘census’ is visible through the envelope or outside cover or wrapper” after “or which bears the term ‘census’ on the envelope or outside cover or wrapper” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 111–170, § 1(a)(1), inserted “; or on which the term ‘census’ is visible through the envelope or outside cover or wrapper” after “or which bears the term ‘census’ on the envelope or outside cover or wrapper” in introductory provisions.

    Enacted provision · exact public law section
    (1) in paragraph (1), by inserting “; or on which the term ‘census’ is visible through the envelope or outside cover or wrapper” after “or which bears the term ‘census’ on the envelope or outside cover or wrapper”; and

31. 2010

    Pub. L. 111–170 § 1(a)(2) · 124 Stat. 1193

    Inserted · 39 U.S.C. § 3001(h)(2)

    Pub. L. 111–170, § 1(a)(2), inserted “or matter on which the term ‘census’ is visible through the envelope or outside cover or wrapper” after “In the case of matter bearing the term ‘census’ on the envelope or outside cover or wrapper”

    Source evidence

    Code amendment note
    Subsec. (h)(2). Pub. L. 111–170, § 1(a)(2), inserted “or matter on which the term ‘census’ is visible through the envelope or outside cover or wrapper” after “In the case of matter bearing the term ‘census’ on the envelope or outside cover or wrapper”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by inserting “or matter on which the term ‘census’ is visible through the envelope or outside cover or wrapper” after “In the case of matter bearing the term ‘census’ on the envelope or outside cover or wrapper”.

32. 2010

    Pub. L. 111–170 § 1(b)(1) · 124 Stat. 1193

    Inserted · 39 U.S.C. § 3001(i)(1)

    Pub. L. 111–170, § 1(b)(1), inserted “; or on which the term ‘census’ is visible through the envelope or outside cover or wrapper” after “or which bears the term ‘census’ on the envelope or outside cover or wrapper”

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 111–170, § 1(b)(1), inserted “; or on which the term ‘census’ is visible through the envelope or outside cover or wrapper” after “or which bears the term ‘census’ on the envelope or outside cover or wrapper”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by inserting “; or on which the term ‘census’ is visible through the envelope or outside cover or wrapper” after “or which bears the term ‘census’ on the envelope or outside cover or wrapper”; and

33. 2010

    Pub. L. 111–170 § 1(b)(2) · 124 Stat. 1193

    Inserted · 39 U.S.C. § 3001(i)(2)

    Pub. L. 111–170, § 1(b)(2), inserted “or matter on which the term ‘census’ is visible through the envelope or outside cover or wrapper” after “In the case of matter bearing the term ‘census’ on the envelope or outside cover or wrapper”

    Source evidence

    Code amendment note
    Subsec. (i)(2). Pub. L. 111–170, § 1(b)(2), inserted “or matter on which the term ‘census’ is visible through the envelope or outside cover or wrapper” after “In the case of matter bearing the term ‘census’ on the envelope or outside cover or wrapper”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by inserting “or matter on which the term ‘census’ is visible through the envelope or outside cover or wrapper” after “In the case of matter bearing the term ‘census’ on the envelope or outside cover or wrapper”.

40 of 44 references resolved to an enrolled provision · 4 partial