Page:United States Statutes at Large Volume 102 Part 4.djvu/235

 PUBLIC LAW 100-625—NOV. 7, 1988

102 STAT. 3205

Public Law 100-625 100th Congress An Act To clarify certain restrictions on distribution of advertisements and other information concerning lotteries and similar activities.

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 "Charity Games Advertising Clarification Act of 1988". SEC. 2. AMENDMENTS RELATING TO THE MAILING AND BROADCAST OF ADVERTISEMENTS FOR LEGAL LOTTERIES AND SIMILAR ENTERPRISES.

(a) STATE-CONDUCTED LOTTERIES UNDER TITLE 18.—Subsection (a) of section 1307 of title 18, United States Code, is amended to read as follows: "(a) The provisions of sections 1301, 1302, 1303, and 1304 shall not apply to— "(1) an advertisement, list of prizes, or other information concerning a lottery conducted by a State acting under the authority of State law which is— "(A) contained in a publication published in that State or in a State which conducts such a lottery; or "(B) broadcast by a radio or television station licensed to a location in that State or a State which conducts such a lottery; or "(2) an advertisement, list of prizes, or other information concerning a lottery, gift enterprise, or similar scheme, other than one described in paragraph (1), that is authorized or not otherwise prohibited by the State in which it is conducted and which is— "(A) conducted by a not-for-profit organization or a governmental organization; or "(B) conducted as a promotional activity by a commercial organization and is clearly occasional and ancillary to the primary business of that organization.". (b) DEFINITION OF NOT-FOR-PROFIT ORGANIZATION.—Subsection (d)

of section 1307 of title 18, United States Code, is amended by adding at the end thereof "For purposes of this section, the term a 'not-forprofit organization' means any organization that would qualify as tax exempt under section 501 of the Internal Revenue Code of 1986.". (c) POSTAL SERVICE REGULATION OF LOTTERIES.—Paragraph (1) of

section 3005(d) of title 39, United States Code, is amended to read as follows: "(1) publications containing advertisements, lists of prizes, or information concerning a lottery, which are exempt, pursuant to section 1307 of title 18 of the United States Code, from the provisions of sections 1301, 1302, 1303, and 1304 of title 18 of the United States Code,".

Nov. 7, 1988 [H.R. 3146] Charity Games Advertising Clarification Act of 1988. State and local governments. 18 USC 1301 note.

�