S. 335

One Hundred Sixth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Wednesday,

the sixth day of January, one thousand nine hundred and ninety-nine

An Act

To amend chapter 30 of title 39, United States Code, to provide for the nonmailability

of certain 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 MAIL

PREVENTION AND ENFORCEMENT

SEC. 101. SHORT 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)—
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(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:
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‘‘(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;
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‘‘(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.
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‘‘(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
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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,
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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:

‘‘§ 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.
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‘‘(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 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:
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‘‘(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:

‘‘§ 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
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‘‘(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 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
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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 DATE.—This section shall take effect 1 year after

the date of the enactment of this Act.

SEC. 109. 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.
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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 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) 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. 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 RESERVE BOARD

RETIREMENT PORTABILITY

SEC. 201. 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
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(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,
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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) 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) EFFECTIVE DATE.—

(1) IN GENERAL.—Subject to succeeding provisions of this

subsection, this section and the amendments made by this
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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:

‘‘§ 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) 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
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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.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.