Text: S.335 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-168 (12/12/1999)

 
[106th Congress Public Law 168]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ168.106]


[[Page 1805]]

                DECEPTIVE MAIL PREVENTION AND ENFORCEMENT

[[Page 113 STAT. 1806]]

Public Law 106-168
106th Congress

                                 An Act


 
To amend chapter 30 of title 39, United States Code, to provide for the 
nonmailability of certain <<NOTE: Dec. 12, 1999 -  [S. 335]>>  deceptive 
   matter relating to sweepstakes, skill contests, facsimile checks, 
administrative procedures, orders, and civil penalties relating to such 
                     matter, 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. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.

           TITLE I--DECEPTIVE MAIL PREVENTION AND ENFORCEMENT

Sec. 101. Short title.
Sec. 102. Restrictions on mailings using misleading references to the 
           United States Government.
Sec. 103. Restrictions on sweepstakes and deceptive mailings.
Sec. 104. Postal service orders to prohibit deceptive mailings.
Sec. 105. Temporary restraining order for deceptive mailings.
Sec. 106. Civil penalties and costs.
Sec. 107. Administrative subpoenas.
Sec. 108. Requirements of promoters of skill contests or sweepstakes 
           mailings.
Sec. 109. State law not preempted.
Sec. 110. Technical and conforming amendments.
Sec. 111. Effective date.

         TITLE II--FEDERAL RESERVE BOARD RETIREMENT PORTABILITY

Sec. 201. Short title.
Sec. 202. Portability of service credit.
Sec. 203. Certain transfers to be treated as a separation from service 
           for purposes of the thrift savings plan.
Sec. 204. Clarifying amendments.

TITLE III--AMENDMENT TO THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES 
                               ACT OF 1949

Sec. 301. Transfer of certain property to State and local governments.

  TITLE I--DECEPTIVE <<NOTE: Deceptive Mail Prevention and Enforcement 
Act.>>  MAIL PREVENTION AND ENFORCEMENT

SEC. 101. SHORT <<NOTE: 39 USC 3001 note.>>  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 GOVERNMENT.

    Section 3001 of title 39, United States Code, is amended--
            (1) in subsection (h)--

[[Page 113 STAT. 1807]]

                    (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:

[[Page 113 STAT. 1808]]

    ``(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;

[[Page 113 STAT. 1809]]

            ``(V) does not contain sweepstakes rules that state--
                    ``(aa) the estimated odds of winning each prize;
                    ``(bb) the quantity, estimated retail value, and 
                nature of each prize; and
                    ``(cc) 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--
                    ``(aa) the number of rounds or levels of the contest 
                and the cost to enter each round or level;
                    ``(bb) that subsequent rounds or levels will be more 
                difficult to solve;
                    ``(cc) the maximum cost to enter all rounds or 
                levels;
                    ``(dd) 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;
                    ``(ee) the identity or description of the 
                qualifications of the judges if the contest is judged by 
                other than the sponsor;
                    ``(ff) the method used in judging;
                    ``(gg) the date by which the winner or winners will 
                be determined and the date or process by which prizes 
                will be awarded;
                    ``(hh) the quantity, estimated retail value, and 
                nature of each prize; and
                    ``(ii) 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.

[[Page 113 STAT. 1810]]

    ``(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

[[Page 113 STAT. 1811]]

        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,

[[Page 113 STAT. 1812]]

the degree of culpability and other such matters as justice may require.
    ``(d) Any person who violates section 3001(l) 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:

``Sec. 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.

[[Page 113 STAT. 1813]]

            ``(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 <<NOTE: Deadline. 39 USC 3016 note.>>  later 
than 120 days after the date of 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:

[[Page 113 STAT. 1814]]

            ``(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:
``Sec. 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

[[Page 113 STAT. 1815]]

                    ``(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 <<NOTE: Deadline.>>  later than 60 
        calendar days 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

[[Page 113 STAT. 1816]]

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) Effective <<NOTE: 39 USC 3017 note.>>  Date.--This section shall 
take effect 1 year after the date of the enactment of this Act.

SEC. 109. <<NOTE: 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.

[[Page 113 STAT. 1817]]

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 <<NOTE: 39 USC 3013 note.>>  date.--This 
        subsection shall take effect on 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) <<NOTE: 39 USC 3013 note.>>  Savings provision.--For 
        purposes of any semiannual 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. <<NOTE: 39 USC 3001 note.>>  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.

 TITLE II--FEDERAL <<NOTE: Federal Reserve Board Retirement Portability 
Act.>>  RESERVE BOARD RETIREMENT PORTABILITY

SEC. 201. <<NOTE: 5 USC 8401 note.>>  SHORT TITLE.

    This title may be cited as the ``Federal Reserve Board Retirement 
Portability Act''.

SEC. 202. PORTABILITY OF SERVICE CREDIT.

    (a) Creditable Service.--
            (1) In general.--Section 8411(b) of title 5, United States 
        Code, is amended--
                    (A) by striking ``and'' at the end of paragraph (3);
                    (B) in paragraph (4)--
                          (i) by striking ``of the preceding 
                      provisions'' and inserting ``other paragraph''; 
                      and
                          (ii) by striking the period at the end and 
                      inserting ``; and''; and

[[Page 113 STAT. 1818]]

                    (C) by adding at the end the following:
            ``(5) a period of service (other than any service under any 
        other paragraph of this subsection, any military service, and 
        any service performed in the employ of a Federal Reserve Bank) 
        that was creditable under the Bank Plan (as defined in 
        subsection (i)), if the employee waives credit for such service 
        under the Bank Plan and makes a payment to the Fund equal to the 
        amount that would have been deducted from pay under section 
        8422(a) had the employee been subject to this chapter during 
        such period of service (together with interest on such amount 
        computed under paragraphs (2) and (3) of section 8334(e)).

Paragraph (5) shall not apply in the case of any employee as to whom 
subsection (g) (or, to the extent subchapter III of chapter 83 is 
involved, section 8332(n)) otherwise applies.''.
            (2) Bank plan defined.--Section 8411 of title 5, United 
        States Code, is amended by adding at the end the following:

    ``(i) For purposes of subsection (b)(5), the term `Bank Plan' means 
the benefit structure in which employees of the Board of Governors of 
the Federal Reserve System appointed on or after January 1, 1984, 
participate, which benefit structure is a component of the Retirement 
Plan for Employees of the Federal Reserve System, established under 
section 10 of the Federal Reserve Act (and any redesignated or successor 
version of such benefit structure, if so identified in writing by the 
Board of Governors of the Federal Reserve System for purposes of this 
chapter).''.
    (b) Exclusion From Chapter 84.--
            (1) In general.--Paragraph (2) of section 8402(b) of title 
        5, United States Code, is amended by striking the matter before 
        subparagraph (B) and inserting the following:
            ``(2)(A) any employee or Member who has separated from the 
        service after--
                    ``(i) having been subject to--
                          ``(I) subchapter III of chapter 83 of this 
                      title;
                          ``(II) subchapter I of chapter 8 of title I of 
                      the Foreign Service Act of 1980; or
                          ``(III) the benefit structure for employees of 
                      the Board of Governors of the Federal Reserve 
                      System appointed before January 1, 1984, that is a 
                      component of the Retirement Plan for Employees of 
                      the Federal Reserve System, established under 
                      section 10 of the Federal Reserve Act; and
                    ``(ii) having completed--
                          ``(I) at least 5 years of civilian service 
                      creditable under subchapter III of chapter 83 of 
                      this title;
                          ``(II) at least 5 years of civilian service 
                      creditable under subchapter I of chapter 8 of 
                      title I of the Foreign Service Act of 1980; or
                          ``(III) at least 5 years of civilian service 
                      (other than any service performed in the employ of 
                      a Federal Reserve Bank) creditable under the 
                      benefit structure for employees of the Board of 
                      Governors of the Federal Reserve System appointed 
                      before January 1, 1984, that is a component of the 
                      Retirement Plan for Employees of the Federal 
                      Reserve System, established under section 10 of 
                      the Federal Reserve Act,

[[Page 113 STAT. 1819]]

                determined without regard to any deposit or redeposit 
                requirement under either such subchapter or under such 
                benefit structure, or any requirement that the 
                individual become subject to either such subchapter or 
                to such benefit structure after performing the service 
                involved; or''.
            (2) Exception.--Subsection (d) of section 8402 of title 5, 
        United States Code, is amended to read as follows:

    ``(d) Paragraph (2) of subsection (b) shall not apply to an 
individual who--
            ``(1) becomes subject to--
                    ``(A) subchapter II of chapter 8 of title I of the 
                Foreign Service Act of 1980 (relating to the Foreign 
                Service Pension System) pursuant to an election; or
                    ``(B) the benefit structure in which employees of 
                the Board of Governors of the Federal Reserve System 
                appointed on or after January 1, 1984, participate, 
                which benefit structure is a component of the Retirement 
                Plan for Employees of the Federal Reserve System, 
                established under section 10 of the Federal Reserve Act 
                (and any redesignated or successor version of such 
                benefit structure, if so identified in writing by the 
                Board of Governors of the Federal Reserve System for 
                purposes of this chapter); and
            ``(2) subsequently enters a position in which, but for 
        paragraph (2) of subsection (b), such individual would be 
        subject to this chapter.''.

    (c) <<NOTE: 5 USC 8402 note.>>  Provisions Relating to Certain 
Former Employees.--A former employee of the Board of Governors of the 
Federal Reserve System who--
            (1) has at least 5 years of civilian service (other than any 
        service performed in the employ of a Federal Reserve Bank) 
        creditable under the benefit structure for employees of the 
        Board of Governors of the Federal Reserve System appointed 
        before January 1, 1984, that is a component of the Retirement 
        Plan for Employees of the Federal Reserve System, established 
        under section 10 of the Federal Reserve Act;
            (2) was subsequently employed subject to the benefit 
        structure in which employees of the Board of Governors of the 
        Federal Reserve System appointed on or after January 1, 1984, 
        participate, which benefit structure is a component of the 
        Retirement Plan for Employees of the Federal Reserve System, 
        established under section 10 of the Federal Reserve Act (and any 
        redesignated or successor version of such benefit structure, if 
        so identified in writing by the Board of Governors of the 
        Federal Reserve System for purposes of chapter 84 of title 5, 
        United States Code); and
            (3) after service described in paragraph (2), becomes 
        subject to and thereafter entitled to benefits under chapter 84 
        of title 5, United States Code,

shall, for purposes of section 302 of the Federal Employees' Retirement 
System Act of 1986 (100 Stat. 601; 5 U.S.C. 8331 note) be considered to 
have become subject to chapter 84 of title 5, United States Code, 
pursuant to an election under section 301 of such Act.
    (d) <<NOTE: 5 USC 8402 note.>>  Effective Date.--
            (1) In general.--Subject to succeeding provisions of this 
        subsection, this section and the amendments made by this

[[Page 113 STAT. 1820]]

        section shall take effect on the date of the enactment of this 
        Act.
            (2) Provisions relating to creditability and certain former 
        employees.--The amendments made by subsection (a) and the 
        provisions of subsection (c) shall apply only to individuals who 
        separate from service subject to chapter 84 of title 5, United 
        States Code, on or after the date of the enactment of this Act.
            (3) Provisions relating to exclusion from chapter.--The 
        amendments made by subsection (b) shall not apply to any former 
        employee of the Board of Governors of the Federal Reserve System 
        who, subsequent to his or her last period of service as an 
        employee of the Board of Governors of the Federal Reserve System 
        and prior to the date of the enactment of this Act, became 
        subject to subchapter III of chapter 83 or chapter 84 of title 
        5, United States Code, under the law in effect at the time of 
        the individual's appointment.
SEC. 203. CERTAIN TRANSFERS TO BE TREATED AS A SEPARATION FROM 
                        SERVICE FOR PURPOSES OF THE THRIFT SAVINGS 
                        PLAN.

    (a) Amendments to Chapter 84 of Title 5, United States Code.--
            (1) In general.--Subchapter III of chapter 84 of title 5, 
        United States Code, is amended by inserting before section 8432 
        the following:

``Sec. 8431. Certain transfers to be treated as a separation

    ``(a) For purposes of this subchapter, separation from Government 
employment includes a transfer from a position that is subject to one of 
the retirement systems described in subsection (b) to a position that is 
not subject to any of them.
    ``(b) The retirement systems described in this subsection are--
            ``(1) the retirement system under this chapter;
            ``(2) the retirement system under subchapter III of chapter 
        83; and
            ``(3) any other retirement system under which individuals 
        may contribute to the Thrift Savings Fund through withholdings 
        from pay.''.
            (2) Clerical amendment.--The table of sections for chapter 
        84 of title 5, United States Code, is amended by inserting 
        before the item relating to section 8432 the following:

``8431. Certain transfers to be treated as a separation.''.

    (b) Conforming Amendments.--Subsection (b) of section 8351 of title 
5, United States Code, is amended by redesignating paragraph (11) as 
paragraph (8), and by adding at the end the following:
            ``(9) For the purpose of this section, separation from 
        Government employment includes a transfer described in section 
        8431.''.

    (c) <<NOTE: 5 USC 8431 note.>>  Effective Date.--The amendments made 
by this section shall apply with respect to transfers occurring before, 
on, or after the date of the enactment of this Act, except that, for 
purposes of applying such amendments with respect to any transfer 
occurring before such date of enactment, the date of such transfer shall 
be considered to be the date of the enactment of this Act. The Executive 
Director (within the meaning of section 8401(13) of title

[[Page 113 STAT. 1821]]

5, United States Code) may prescribe any regulations necessary to carry 
out this subsection.

SEC. 204. CLARIFYING AMENDMENTS.

    (a) In General.--Subsection (f) of section 3304 of title 5, United 
States Code, as added by section 2 of Public Law 105-339, is amended--
            (1) by striking paragraph (4);
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (3) by inserting after paragraph (1) the following:

    ``(2) If selected, a preference eligible or veteran described in 
paragraph (1) shall acquire competitive status and shall receive a 
career or career-conditional appointment, as appropriate.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if enacted on October 31, 1998.

TITLE III--AMENDMENT TO THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES 
                               ACT OF 1949

SEC. 301. TRANSFER OF CERTAIN PROPERTY TO STATE AND LOCAL 
                        GOVERNMENTS.

    Section 203(p)(1)(B)(ii) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 484(p)(1)(B)(ii)) is amended by striking 
``December 31, 1999.'' and inserting ``July 31, 2000. During the period 
beginning January 1, 2000, and ending July 31, 2000, the Administrator 
may not convey any property under subparagraph (A), but may accept, 
consider, and approve applications for transfer of property under that 
subparagraph.''.

    Approved December 12, 1999.

LEGISLATIVE HISTORY--S. 335 (H.R. 170):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-431 accompanying H.R. 170 (Comm. on Government 
Reform).
SENATE REPORTS: No. 106-102 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 145 (1999):
            Aug. 2, considered and passed Senate.
            Nov. 9, considered and passed House, amended.
            Nov. 19, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
            Dec. 12, Presidential statement.

                                  <all>