H.R.2331 - Deceptive Mailings Prevention Act of 1990101st Congress (1989-1990)

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Enrolled Bill

 
--H.R.2331--
H.R.2331
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
To amend title 39, United States Code, to designate as nonmailable matter
solicitations for the purchase of goods or services, or solicitation for
donations which could reasonably be construed as implying any Federal
Government connection or endorsement, unless such matter contains an
appropriate, conspicuous disclaimer, and for other purposes.
 Be it enacted by the Senate and House of Representatives of the United
 States of America in Congress assembled,
SECTION 1. SHORT TITLE.
 This Act may be cited as the `Deceptive Mailings Prevention Act of 1990'.
SEC. 2. AMENDMENTS TO TITLE 39.
 (a) PROHIBITION OF DECEPTIVE MAILINGS- Section 3001 of title 39, 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.'.
 (b) DECEPTIVE MAILINGS AS FALSE REPRESENTATIONS- Section 3005(a) of title 39,
 United States Code, is amended by striking out `section 3001(d)' each place
 that it appears and inserting in lieu thereof `section 3001 (d), (f), or (g)'.
SEC. 3. REVIEW AND REPORT BY THE UNITED STATES POSTAL SERVICE.
 No later than 90 days after the date of enactment of this Act, the United
 States Postal Service shall--
 (1)(A) conduct a comprehensive review to determine if the provisions of
 section 123.33 of the Domestic Mail Manual (as in effect on such date of
 enactment) are being appropriately observed; and
 (B) take appropriate measures to ensure that any misapplication or
 misunderstanding of such provisions is corrected among any postal personnel
 who are responsible for carrying them out;
 (2) conduct a comprehensive review to determine the feasibility of
 establishing a procedure whereby a sender of mail matter which is denied
 entry into the mails on the basis of incorrect mail preparation, postage
 due, or addressing may, through expedited proceedings, obtain a final agency
 decision as to the mailability of such matter; and
 (3) submit a written report to the Senate and the House of Representatives
 describing its findings and actions under this section.
SEC. 4. COORDINATION OF FUNCTIONS WITH THE DEPARTMENT OF HEALTH AND HUMAN
SERVICES.
 The United States Postal Service shall consult and coordinate the functions
 and administration of the provisions of this Act and the amendments made by
 this Act with the Secretary of the Department of Health and Human Services
 and the functions of the Secretary in the administration of section 428 of
 the Medicare Catastrophic Coverage Act of 1988 (42 U.S.C. 1320b-10).
SEC. 5. STATE DEPARTMENT POST OFFICES ABROAD.
 (a) POSTAL SERVICES AT DIPLOMATIC POSTS- Chapter 4 of title 39, United States
 Code, is amended by adding at the end thereof the following new section:
`Sec. 413. Postal services at diplomatic posts
 `(a) The Postal Service and the Department of State may enter into 1 or
 more agreements for field testing to ascertain the feasibility of providing
 postal services through personnel provided by the Department of State at
 branch post offices established by the Postal Service in United States
 diplomatic missions at locations abroad for which branch post offices are
 not established under section 406.
 `(b) To the extent that the Postal Service and the Department of State
 conclude it to be feasible and in the public interest, the Postal Service
 may establish branch post offices at United States diplomatic missions in
 locations abroad for which branch post offices are not established under
 section 406, and the Department of State may enter into an agreement with
 the Postal Service to perform postal services at such branch post offices
 through personnel designated by the Department of State.
 `(c) The Department of State shall reimburse the Postal Service for any
 amounts, determined by the Postal Service, equal to the additional costs
 incurred by the Postal Service, including transportation costs, incurred by
 the Postal Service in the performance of its obligations under any agreement
 entered into under this section.
 `(d) Each agreement entered into under this section shall include--
 `(1) provisions under which the Department of State shall make any
 reimbursements required under subsection (c);
 `(2) provisions authorizing the Postal Service to terminate the agreement,
 and the services provided thereunder, in the event that the Department of
 State does not comply with the provisions under paragraph (1); and
 `(3) any other provisions which may be necessary, including provisions
 relating to the closing of a post office under this section if necessary
 because a post office under section 406 is established in the same location.'.
 (b) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter
 4 of title 39, United States Code, is amended by adding at the end thereof
 the following:
`413. Postal services at diplomatic posts.'.
SEC. 6. EFFECTIVE DATE.
 The provisions of this Act shall take effect on the date of the enactment
 of this Act, except the amendments made by section 2 shall apply to matter
 deposited for mailing and delivery on or after 180 days after the date of
 the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.