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The Deceptive Mail Prevention and
Enforcement Act (Public Law 106-168).
This legislation devises a reformed regulatory enforcement structure for the prevention of
deceptive sweepstakes and related mailings. The bill
establishes new standards for sweepstakes and other
prize promotion mailings, including clear disclosures
that no purchase is necessary to enter the contest,
the value and odds of winning each prize, the name of
the promoter of the contest, and an understandable
statement of rules.
S. 335 was introduced in the Senate by
Senator Susan Collins (R-ME) on February 3, 1999 and
referred to the Committee on Governmental Affairs. The
bill was the product of an investigation commenced by
the Permanent Subcommittee on Investigation, chaired
by Senator Collins, into deceptive mail practices. The
investigation was prompted by constituent complaints
and by a hearing conducted in the 105th Congress by
the Subcommittee on International Security,
Proliferation and Federal Services on sweepstakes
practices.
The Permanent Subcommittee on
Investigations conducted three hearings on sweepstakes
promotions and practices. The first two hearings,
conducted on March 8 and 9, 1999, focused on the
elderly and how sweepstakes practices affected them
and their families. During the second hearing, the
Subcommittee heard major sweepstakes companies
describe their business practices. The third hearing
in July 1999 focused on smaller sweepstakes companies
and deceptive sweepstakes mailing practices.
Following referral of the legislation
to the Governmental Affairs Committee, the bill was
subsequently referred to the Subcommittee on
International Security, Proliferation and Federal
Services. S. 335 was reported favorably by the
Subcommittee by polling letter to the Full Committee
on April 12, 1999. On May 20, 1999, the Full Committee
considered the legislation. An amendment in the nature
of a substitute was adopted by voice vote and Chairman
Thompson moved for adoption of S. 335, as amended. The
motion was agreed to by voice vote and the legislation
was ordered to be favorably reported.
Chairman Thompson filed the report (S.
Rept. 106- 102) on S. 335 on July 1, 1999. The bill
was placed on the Senate legislative calendar on July
1, 1999. During floor consideration, a managers’
amendment, offered by Senators Collins and Levin, was
adopted by voice vote. Following debate on the
legislation, the Senate approved the legislation by a
record vote of 93 - 0.
In the House, Representative Frank
LoBiondo (R-NJ) introduced related legislation, H.R.
170. That legislation was approved by the House on
November 2, 1999. Following negotiations by the House
and Senate, the House approved S. 335 with an
amendment on November 9, 1999 under suspension of the
rules. The Senate agreed to the House amendment and
passed S. 335 on November 19, 1999 by unanimous voice
vote. President Clinton signed S. 335 into law on
December 12, 1999 as P.L. 106-168.
COSPONSORS(41),
ALPHABETICAL:
| Spencer Abraham
(R-MI) |
Daniel Akaka
(D-HI) |
| Joseph Biden
(D-DE) |
John Breaux
(D-LA) |
| Richard Bryan
(D-NV) |
Conrad Burns
(R-MT) |
| Ben
Nighthorse-Cambell (R-CO) |
Max Cleland
(D-GA) |
| Thad Cochran
(R-MS) |
Christopher Dodd
(D-CT) |
| Pete Domenici
(R-NM) |
Richard Durbin
(D-IL) |
| John Edwards
(D-NC) |
Michael Enzi
(R-WY) |
| Russell Feingold
(D-WI) |
Bob Graham
(D-FL) |
| Orrin Hatch
(R-UT) |
Jesse Helms
(R-NC) |
| Tim Hutchinson
(R-AR) |
James Jeffords
(R-NH) |
| Tim Johnson
(D-SD) |
John Kerry
(D-MA) |
| Herb Kohl (D-WI) |
Frank Lautenberg
(D-NJ) |
| Carl Levin
(D-MI) |
Joseph Lieberman
(D-CT) |
| Blanch Lincoln
(D-AR) |
Barbara Mikulski
(D-MD) |
| Patty Murray
(D-WA) |
Harry Reid
(D-NV) |
| Charles Robb
(D-VA) |
John Rockefeller
(D-WV) |
| William Roth
(R-DE) |
Paul Sarbanes
(D-MD) |
| Jeff Sessions
(R-AL) |
Arlen Specter
(R-PA) |
| Ted Stevens
(R-AK) |
Fred Thompson
(R-TN) |
| Strom Thurmond
(R-SC) |
Paul Wellstone
(D-MN) |
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