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 Clari-
fication Act of 1988".

SEC. 2. AMENDMENTS RELATING TO THE MAILING AND BROADCAST OF
ADVERTISEMENTS FOR LEGAL LOTTERIES AND SIMILAR EN-
TERPRISES.

(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-for-
profit 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 provi-
sions 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.