106TH CONGRESS

1ST SESSION S. 335

AMENDMENT
In the House of Representatives, U. S.,

November 9, 1999.

Resolved, That the bill from the Senate (S. 335) entitled

‘‘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’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. TABLE OF CONTENTS.

2 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.
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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.

1 TITLE I—DECEPTIVE MAIL PRE2 VENTION AND ENFORCEMENT

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Deceptive Mail Preven5 tion and Enforcement Act’’.

6 SEC. 102. RESTRICTIONS ON MAILINGS USING MISLEADING

7 REFERENCES TO THE UNITED STATES GOV8 ERNMENT.

9 Section 3001 of title 39, United States Code, is

10 amended—

11 (1) in subsection (h)—

12 (A) in the first sentence by striking ‘‘con13 tains a seal, insignia, trade or brand name, or

14 any other term or symbol that reasonably could

15 be interpreted or construed as implying any

16 Federal Government connection, approval or en17 dorsement’’ and inserting the following: ‘‘which

18 reasonably could be interpreted or construed as

19 implying any Federal Government connection,

20 approval, or endorsement through the use of a

21 seal, insignia, reference to the Postmaster Gen22 eral, citation to a Federal statute, name of a
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1 Federal agency, department, commission, or pro2 gram, trade or brand name, or any other term

3 or symbol; or contains any reference to the Post4 master General or a citation to a Federal statute

5 that misrepresents either the identity of the mail6 er or the protection or status afforded such mat7 ter by the Federal Government’’; and

8 (B) in paragraph (2)—

9 (i) in subparagraph (A) by striking

10 ‘‘and’’ at the end;

11 (ii) in subparagraph (B) by striking

12 ‘‘or’’ at the end and inserting ‘‘and’’; and

13 (iii) by inserting after subparagraph

14 (B) the following:

15 ‘‘(C) such matter does not contain a false

16 representation stating or implying that Federal

17 Government benefits or services will be affected

18 by any purchase or nonpurchase; or’’;

19 (2) in subsection (i) in the first sentence—

20 (A) in the first sentence by striking ‘‘con21 tains a seal, insignia, trade or brand name, or

22 any other term or symbol that reasonably could

23 be interpreted or construed as implying any

24 Federal Government connection, approval or en25 dorsement’’ and inserting the following: ‘‘which
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1 reasonably could be interpreted or construed as

2 implying any Federal Government connection,

3 approval, or endorsement through the use of a

4 seal, insignia, reference to the Postmaster Gen5 eral, citation to a Federal statute, name of a

6 Federal agency, department, commission, or pro7 gram, trade or brand name, or any other term

8 or symbol; or contains any reference to the Post9 master General or a citation to a Federal statute

10 that misrepresents either the identity of the mail11 er or the protection or status afforded such mat12 ter by the Federal Government’’; and

13 (B) in paragraph (2)—

14 (i) in subparagraph (A) by striking

15 ‘‘and’’ at the end;

16 (ii) in subparagraph (B) by striking

17 ‘‘or’’ at the end and inserting ‘‘and’’; and

18 (iii) by inserting after subparagraph

19 (B) the following:

20 ‘‘(C) such matter does not contain a false

21 representation stating or implying that Federal

22 Government benefits or services will be affected

23 by any contribution or noncontribution; or’’;

24 (3) by redesignating subsections (j) and (k) as

25 subsections (m) and (n), respectively; and
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1 (4) by inserting after subsection (i) the following:

2 ‘‘(j)(1) Any matter otherwise legally acceptable in the

3 mails which is described in paragraph (2) is nonmailable

4 matter, shall not be carried or delivered by mail, and shall

5 be disposed of as the Postal Service directs.

6 ‘‘(2) Matter described in this paragraph is any matter

7 that—

8 ‘‘(A) constitutes a solicitation for the purchase of

9 or payment for any product or service that—

10 ‘‘(i) is provided by the Federal Government;

11 and

12 ‘‘(ii) may be obtained without cost from the

13 Federal Government; and

14 ‘‘(B) does not contain a clear and conspicuous

15 statement giving notice of the information set forth in

16 clauses (i) and (ii) of subparagraph (A).’’.

17 SEC. 103. RESTRICTIONS ON SWEEPSTAKES AND DECEP18 TIVE MAILINGS.

19 Section 3001 of title 39, United States Code, is amend20 ed by inserting after subsection (j) (as added by section

21 102(4)) the following:

22 ‘‘(k)(1) In this subsection—

23 ‘‘(A) the term ‘clearly and conspicuously dis24 played’ means presented in a manner that is readily
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1 noticeable, readable, and understandable to the group

2 to whom the applicable matter is disseminated;

3 ‘‘(B) the term ‘facsimile check’ means any matter

4 that—

5 ‘‘(i) is designed to resemble a check or other

6 negotiable instrument; but

7 ‘‘(ii) is not negotiable;

8 ‘‘(C) the term ‘skill contest’ means a puzzle,

9 game, competition, or other contest in which—

10 ‘‘(i) a prize is awarded or offered;

11 ‘‘(ii) the outcome depends predominately on

12 the skill of the contestant; and

13 ‘‘(iii) a purchase, payment, or donation is

14 required or implied to be required to enter the

15 contest; and

16 ‘‘(D) the term ‘sweepstakes’ means a game of

17 chance for which no consideration is required to

18 enter.

19 ‘‘(2) Except as provided in paragraph (4), any matter

20 otherwise legally acceptable in the mails which is described

21 in paragraph (3) is nonmailable matter, shall not be car22 ried or delivered by mail, and shall be disposed of as the

23 Postal Service directs.

24 ‘‘(3) Matter described in this paragraph is any matter

25 that—
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1 ‘‘(A)(i) includes entry materials for a sweep2 stakes or a promotion that purports to be a sweep3 stakes; and

4 ‘‘(ii)(I) does not contain a statement that dis5 closes in the mailing, in the rules, and on the order

6 or entry form, that no purchase is necessary to enter

7 such sweepstakes;

8 ‘‘(II) does not contain a statement that discloses

9 in the mailing, in the rules, and on the order or entry

10 form, that a purchase will not improve an individ11 ual’s chances of winning with such entry;

12 ‘‘(III) does not state all terms and conditions of

13 the sweepstakes promotion, including the rules and

14 entry procedures for the sweepstakes;

15 ‘‘(IV) does not disclose the sponsor or mailer of

16 such matter and the principal place of business or an

17 address at which the sponsor or mailer may be con18 tacted;

19 ‘‘(V) does not contain sweepstakes rules that

20 state—

21 ‘‘(aa) the estimated odds of winning each

22 prize;

23 ‘‘(bb) the quantity, estimated retail value,

24 and nature of each prize; and
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1 ‘‘(cc) the schedule of any payments made

2 over time;

3 ‘‘(VI) represents that individuals not purchasing

4 products or services may be disqualified from receiv5 ing future sweepstakes mailings;

6 ‘‘(VII) requires that a sweepstakes entry be ac7 companied by an order or payment for a product or

8 service previously ordered;

9 ‘‘(VIII) represents that an individual is a win10 ner of a prize unless that individual has won such

11 prize; or

12 ‘‘(IX) contains a representation that contradicts,

13 or is inconsistent with sweepstakes rules or any other

14 disclosure required to be made under this subsection,

15 including any statement qualifying, limiting, or ex16 plaining the rules or disclosures in a manner incon17 sistent with such rules or disclosures;

18 ‘‘(B)(i) includes entry materials for a skill con19 test or a promotion that purports to be a skill contest;

20 and

21 ‘‘(ii)(I) does not state all terms and conditions

22 of the skill contest, including the rules and entry pro23 cedures for the skill contest;

24 ‘‘(II) does not disclose the sponsor or mailer of

25 the skill contest and the principal place of business or
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1 an address at which the sponsor or mailer may be

2 contacted; or

3 ‘‘(III) does not contain skill contest rules that

4 state, as applicable—

5 ‘‘(aa) the number of rounds or levels of the

6 contest and the cost to enter each round or level;

7 ‘‘(bb) that subsequent rounds or levels will

8 be more difficult to solve;

9 ‘‘(cc) the maximum cost to enter all rounds

10 or levels;

11 ‘‘(dd) the estimated number or percentage of

12 entrants who may correctly solve the skill contest

13 or the approximate number or percentage of en14 trants correctly solving the past 3 skill contests

15 conducted by the sponsor;

16 ‘‘(ee) the identity or description of the

17 qualifications of the judges if the contest is

18 judged by other than the sponsor;

19 ‘‘(ff) the method used in judging;

20 ‘‘(gg) the date by which the winner or win21 ners will be determined and the date or process

22 by which prizes will be awarded;

23 ‘‘(hh) the quantity, estimated retail value,

24 and nature of each prize; and
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1 ‘‘(ii) the schedule of any payments made

2 over time; or

3 ‘‘(C) includes any facsimile check that does not

4 contain a statement on the check itself that such check

5 is not a negotiable instrument and has no cash value.

6 ‘‘(4) Matter that appears in a magazine, newspaper,

7 or other periodical shall be exempt from paragraph (2) if

8 such matter—

9 ‘‘(A) is not directed to a named individual; or

10 ‘‘(B) does not include an opportunity to make a

11 payment or order a product or service.

12 ‘‘(5) Any statement, notice, or disclaimer required

13 under paragraph (3) shall be clearly and conspicuously dis14 played. Any statement, notice, or disclaimer required under

15 subclause (I) or (II) of paragraph (3)(A)(ii) shall be dis16 played more conspicuously than would otherwise be re17 quired under the preceding sentence.

18 ‘‘(6) In the enforcement of paragraph (3), the Postal

19 Service shall consider all of the materials included in the

20 mailing and the material and language on and visible

21 through the envelope or outside cover or wrapper in which

22 those materials are mailed.

23 ‘‘(l)(1) Any person who uses the mails for any matter

24 to which subsection (h), (i), (j), or (k) applies shall adopt

25 reasonable practices and procedures to prevent the mailing
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1 of such matter to any person who, personally or through

2 a conservator, guardian, or individual with power of

3 attorney—

4 ‘‘(A) submits to the mailer of such matter a writ5 ten request that such matter should not be mailed to

6 such person; or

7 ‘‘(B)(i) submits such a written request to the at8 torney general of the appropriate State (or any State

9 government officer who transmits the request to that

10 attorney general); and

11 ‘‘(ii) that attorney general transmits such re12 quest to the mailer.

13 ‘‘(2) Any person who mails matter to which subsection

14 (h), (i), (j), or (k) applies shall maintain or cause to be

15 maintained a record of all requests made under paragraph

16 (1). The records shall be maintained in a form to permit

17 the suppression of an applicable name at the applicable ad18 dress for a 5-year period beginning on the date the written

19 request under paragraph (1) is submitted to the mailer.’’.

20 SEC. 104. POSTAL SERVICE ORDERS TO PROHIBIT DECEP21 TIVE MAILINGS.

22 Section 3005(a) of title 39, United States Code, is

23 amended—

24 (1) by striking ‘‘or’’ after ‘‘(h),’’ each place it ap25 pears; and
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1 (2) by inserting ‘‘, (j), or (k)’’ after ‘‘(i)’’ each

2 place it appears.

3 SEC. 105. TEMPORARY RESTRAINING ORDER FOR DECEP4 TIVE MAILINGS.

5 (a) IN GENERAL.—Section 3007 of title 39, United

6 States Code, is amended—

7 (1) by redesignating subsection (b) as subsection

8 (c); and

9 (2) by striking subsection (a) and inserting the

10 following:

11 ‘‘(a)(1) In preparation for or during the pendency of

12 proceedings under section 3005, the Postal Service may,

13 under the provisions of section 409(d), apply to the district

14 court in any district in which mail is sent or received as

15 part of the alleged scheme, device, lottery, gift enterprise,

16 sweepstakes, skill contest, or facsimile check or in any dis17 trict in which the defendant is found, for a temporary re18 straining order and preliminary injunction under the pro19 cedural requirements of rule 65 of the Federal Rules of Civil

20 Procedure.

21 ‘‘(2)(A) Upon a proper showing, the court shall enter

22 an order which shall—

23 ‘‘(i) remain in effect during the pendency of the

24 statutory proceedings, any judicial review of such
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1 proceedings, or any action to enforce orders issued

2 under the proceedings; and

3 ‘‘(ii) direct the detention by the postmaster, in

4 any and all districts, of the defendant’s incoming

5 mail and outgoing mail, which is the subject of the

6 proceedings under section 3005.

7 ‘‘(B) A proper showing under this paragraph shall re8 quire proof of a likelihood of success on the merits of the

9 proceedings under section 3005.

10 ‘‘(3) Mail detained under paragraph (2) shall—

11 ‘‘(A) be made available at the post office of mail12 ing or delivery for examination by the defendant in

13 the presence of a postal employee; and

14 ‘‘(B) be delivered as addressed if such mail is not

15 clearly shown to be the subject of proceedings under

16 section 3005.

17 ‘‘(4) No finding of the defendant’s intent to make a

18 false representation or to conduct a lottery is required to

19 support the issuance of an order under this section.

20 ‘‘(b) If any order is issued under subsection (a) and

21 the proceedings under section 3005 are concluded with the

22 issuance of an order under that section, any judicial review

23 of the matter shall be in the district in which the order

24 under subsection (a) was issued.’’.

25 (b) REPEAL.—
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1 (1) IN GENERAL.—Section 3006 of title 39,

2 United States Code, and the item relating to such sec3 tion in the table of sections for chapter 30 of such title

4 are repealed.

5 (2) CONFORMING AMENDMENTS.—(A) Section

6 3005(c) of title 39, United States Code, is amended by

7 striking ‘‘section and section 3006 of this title,’’ and

8 inserting ‘‘section,’’.

9 (B) Section 3011(e) of title 39, United States

10 Code, is amended by striking ‘‘3006, 3007,’’ and in11 serting ‘‘3007’’.

12 SEC. 106. CIVIL PENALTIES AND COSTS.

13 Section 3012 of title 39, United States Code, is

14 amended—

15 (1) in subsection (a) by striking ‘‘$10,000 for

16 each day that such person engages in conduct de17 scribed by paragraph (1), (2), or (3) of this sub18 section.’’ and inserting ‘‘$50,000 for each mailing of

19 less than 50,000 pieces; $100,000 for each mailing of

20 50,000 to 100,000 pieces; with an additional $10,000

21 for each additional 10,000 pieces above 100,000, not

22 to exceed $2,000,000.’’;

23 (2) in paragraphs (1) and (2) of subsection (b)

24 by inserting after ‘‘of subsection (a)’’ the following: ‘‘,

25 (c), or (d)’’;
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1 (3) by redesignating subsections (c) and (d), as

2 subsections (e) and (f), respectively; and

3 (4) by inserting after subsection (b) the fol4 lowing:

5 ‘‘(c)(1) In any proceeding in which the Postal Service

6 may issue an order under section 3005(a), the Postal Serv7 ice may in lieu of that order or as part of that order assess

8 civil penalties in an amount not to exceed $25,000 for each

9 mailing of less than 50,000 pieces; $50,000 for each mailing

10 of 50,000 to 100,000 pieces; with an additional $5,000 for

11 each additional 10,000 pieces above 100,000, not to exceed

12 $1,000,000.

13 ‘‘(2) In any proceeding in which the Postal Service

14 assesses penalties under this subsection the Postal Service

15 shall determine the civil penalty taking into account the

16 nature, circumstances, extent, and gravity of the violation

17 or violations of section 3005(a), and with respect to the vio18 lator, the ability to pay the penalty, the effect of the penalty

19 on the ability of the violator to conduct lawful business,

20 any history of prior violations of such section, the degree

21 of culpability and other such matters as justice may re22 quire.

23 ‘‘(d) Any person who violates section 3001(l) shall be

24 liable to the United States for a civil penalty not to exceed

25 $10,000 for each mailing to an individual.’’.
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1 SEC. 107. ADMINISTRATIVE SUBPOENAS.

2 (a) IN GENERAL.—Chapter 30 of title 39, United

3 States Code, is amended by adding at the end the following:

4 ‘‘§ 3016. Administrative subpoenas

5 ‘‘(a) SUBPOENA AUTHORITY.—

6 ‘‘(1) INVESTIGATIONS.—

7 ‘‘(A) IN GENERAL.—In any investigation

8 conducted under section 3005(a), the Postmaster

9 General may require by subpoena the production

10 of any records (including books, papers, docu11 ments, and other tangible things which constitute

12 or contain evidence) which the Postmaster Gen13 eral considers relevant or material to such inves14 tigation.

15 ‘‘(B) CONDITION.—No subpoena shall be

16 issued under this paragraph except in accord17 ance with procedures, established by the Postal

18 Service, requiring that—

19 ‘‘(i) a specific case, with an individual

20 or entity identified as the subject, be opened

21 before a subpoena is requested;

22 ‘‘(ii) appropriate supervisory and legal

23 review of a subpoena request be performed;

24 and

25 ‘‘(iii) delegation of subpoena approval

26 authority be limited to the Postal Service’s
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1 General Counsel or a Deputy General Coun2 sel.

3 ‘‘(2) STATUTORY PROCEEDINGS.—In any statu4 tory proceeding conducted under section 3005(a), the

5 Judicial Officer may require by subpoena the attend6 ance and testimony of witnesses and the production

7 of any records (including books, papers, documents,

8 and other tangible things which constitute or contain

9 evidence) which the Judicial Officer considers relevant

10 or material to such proceeding.

11 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in

12 paragraph (2) shall be considered to apply in any

13 circumstance to which paragraph (1) applies.

14 ‘‘(b) SERVICE.—

15 ‘‘(1) SERVICE WITHIN THE UNITED STATES.—A

16 subpoena issued under this section may be served by

17 a person designated under section 3061 of title 18 at

18 any place within the territorial jurisdiction of any

19 court of the United States.

20 ‘‘(2) FOREIGN SERVICE.—Any such subpoena

21 may be served upon any person who is not to be

22 found within the territorial jurisdiction of any court

23 of the United States, in such manner as the Federal

24 Rules of Civil Procedure prescribe for service in a for25 eign country. To the extent that the courts of the
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1 United States may assert jurisdiction over such per2 son consistent with due process, the United States

3 District Court for the District of Columbia shall have

4 the same jurisdiction to take any action respecting

5 compliance with this section by such person that such

6 court would have if such person were personally with7 in the jurisdiction of such court.

8 ‘‘(3) SERVICE ON BUSINESS PERSONS.—Service

9 of any such subpoena may be made upon a partner10 ship, corporation, association, or other legal entity

11 by—

12 ‘‘(A) delivering a duly executed copy thereof

13 to any partner, executive officer, managing

14 agent, or general agent thereof, or to any agent

15 thereof authorized by appointment or by law to

16 receive service of process on behalf of such part17 nership, corporation, association, or entity;

18 ‘‘(B) delivering a duly executed copy thereof

19 to the principal office or place of business of the

20 partnership, corporation, association, or entity;

21 or

22 ‘‘(C) depositing such copy in the United

23 States mails, by registered or certified mail, re24 turn receipt requested, duly addressed to such
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1 partnership, corporation, association, or entity

2 at its principal office or place of business.

3 ‘‘(4) SERVICE ON NATURAL PERSONS.—Service of

4 any subpoena may be made upon any natural person

5 by—

6 ‘‘(A) delivering a duly executed copy to the

7 person to be served; or

8 ‘‘(B) depositing such copy in the United

9 States mails, by registered or certified mail, re10 turn receipt requested, duly addressed to such

11 person at his residence or principal office or

12 place of business.

13 ‘‘(5) VERIFIED RETURN.—A verified return by

14 the individual serving any such subpoena setting

15 forth the manner of such service shall be proof of such

16 service. In the case of service by registered or certified

17 mail, such return shall be accompanied by the return

18 post office receipt of delivery of such subpoena.

19 ‘‘(c) ENFORCEMENT.—

20 ‘‘(1) IN GENERAL.—Whenever any person, part21 nership, corporation, association, or entity fails to

22 comply with any subpoena duly served upon him, the

23 Postmaster General may request that the Attorney

24 General seek enforcement of the subpoena in the dis25 trict court of the United States for any judicial dis-
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1 trict in which such person resides, is found, or trans2 acts business, and serve upon such person a petition

3 for an order of such court for the enforcement of this

4 section.

5 ‘‘(2) JURISDICTION.—Whenever any petition is

6 filed in any district court of the United States under

7 this section, such court shall have jurisdiction to hear

8 and determine the matter so presented, and to enter

9 such order or orders as may be required to carry into

10 effect the provisions of this section. Any final order

11 entered shall be subject to appeal under section 1291

12 of title 28, United States Code. Any disobedience of

13 any final order entered under this section by any

14 court may be punished as contempt.

15 ‘‘(d) DISCLOSURE.—Any documentary material pro16 vided pursuant to any subpoena issued under this section

17 shall be exempt from disclosure under section 552 of title

18 5, United States Code.’’.

19 (b) REGULATIONS.—Not later than 120 days after the

20 date of the enactment of this section, the Postal Service shall

21 promulgate regulations setting out the procedures the Postal

22 Service will use to implement the amendment made by sub23 section (a).

24 (c) SEMIANNUAL REPORTS.—Section 3013 of title 39,

25 United States Code, is amended by striking ‘‘and’’ at the
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1 end of paragraph (4), by redesignating paragraph (5) as

2 paragraph (6), and by inserting after paragraph (4) the

3 following:

4 ‘‘(5) the number of cases in which the authority

5 described in section 3016 was used, and a comprehen6 sive statement describing how that authority was used

7 in each of those cases; and’’.

8 (d) TECHNICAL AND CONFORMING AMENDMENT.—The

9 table of sections for chapter 30 of title 39, United States

10 Code, is amended by adding at the end the following:

‘‘3016. Administrative subpoenas.’’.

11 SEC. 108. REQUIREMENTS OF PROMOTERS OF SKILL CON12 TESTS OR SWEEPSTAKES MAILINGS.

13 (a) IN GENERAL.—Chapter 30 of title 39, United

14 States Code (as amended by section 107) is amended by

15 adding after section 3016 the following:

16 ‘‘§ 3017. Nonmailable skill contests or sweepstakes

17 matter; notification to prohibit mailings

18 ‘‘(a) DEFINITIONS.—In this section—

19 ‘‘(1) the term ‘promoter’ means any person

20 who—

21 ‘‘(A) originates and mails any skill contest

22 or sweepstakes, except for any matter described

23 in section 3001(k)(4); or
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1 ‘‘(B) originates and causes to be mailed any

2 skill contest or sweepstakes, except for any mat3 ter described in section 3001(k)(4);

4 ‘‘(2) the term ‘removal request’ means a request

5 stating that an individual elects to have the name

6 and address of such individual excluded from any list

7 used by a promoter for mailing skill contests or

8 sweepstakes;

9 ‘‘(3) the terms ‘skill contest’, ‘sweepstakes’, and

10 ‘clearly and conspicuously displayed’ have the same

11 meanings as given them in section 3001(k); and

12 ‘‘(4) the term ‘duly authorized person’, as used

13 in connection with an individual, means a conser14 vator or guardian of, or person granted power of at15 torney by, such individual.

16 ‘‘(b) NONMAILABLE MATTER.—

17 ‘‘(1) IN GENERAL.—Matter otherwise legally ac18 ceptable in the mails described in paragraph (2)—

19 ‘‘(A) is nonmailable matter;

20 ‘‘(B) shall not be carried or delivered by

21 mail; and

22 ‘‘(C) shall be disposed of as the Postal Serv23 ice directs.

24 ‘‘(2) NONMAILABLE MATTER DESCRIBED.—Mat25 ter described in this paragraph is any matter that—
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1 ‘‘(A) is a skill contest or sweepstakes, except

2 for any matter described in section 3001(k)(4);

3 and

4 ‘‘(B)(i) is addressed to an individual who

5 made an election to be excluded from lists under

6 subsection (d); or

7 ‘‘(ii) does not comply with subsection (c)(1).

8 ‘‘(c) REQUIREMENTS OF PROMOTERS.—

9 ‘‘(1) NOTICE TO INDIVIDUALS.—Any promoter

10 who mails a skill contest or sweepstakes shall provide

11 with each mailing a statement that—

12 ‘‘(A) is clearly and conspicuously displayed;

13 ‘‘(B) includes the address or toll-free tele14 phone number of the notification system estab15 lished under paragraph (2); and

16 ‘‘(C) states that the notification system may

17 be used to prohibit the mailing of all skill con18 tests or sweepstakes by that promoter to such in19 dividual.

20 ‘‘(2) NOTIFICATION SYSTEM.—Any promoter that

21 mails or causes to be mailed a skill contest or sweep22 stakes shall establish and maintain a notification sys23 tem that provides for any individual (or other duly

24 authorized person) to notify the system of the individ25 ual’s election to have the name and address of the in-
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1 dividual excluded from all lists of names and address2 es used by that promoter to mail any skill contest or

3 sweepstakes.

4 ‘‘(d) ELECTION TO BE EXCLUDED FROM LISTS.—

5 ‘‘(1) IN GENERAL.—An individual (or other duly

6 authorized person) may elect to exclude the name and

7 address of that individual from all lists of names and

8 addresses used by a promoter of skill contests or

9 sweepstakes by submitting a removal request to the

10 notification system established under subsection (c).

11 ‘‘(2) RESPONSE AFTER SUBMITTING REMOVAL

12 REQUEST TO THE NOTIFICATION SYSTEM.—Not later

13 than 60 calendar days after a promoter receives a re14 moval request pursuant to an election under para15 graph (1), the promoter shall exclude the individual’s

16 name and address from all lists of names and ad17 dresses used by that promoter to select recipients for

18 any skill contest or sweepstakes.

19 ‘‘(3) EFFECTIVENESS OF ELECTION.—An election

20 under paragraph (1) shall remain in effect, unless an

21 individual (or other duly authorized person) notifies

22 the promoter in writing that such individual—

23 ‘‘(A) has changed the election; and

24 ‘‘(B) elects to receive skill contest or sweep25 stakes mailings from that promoter.
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1 ‘‘(e) PRIVATE RIGHT OF ACTION.—

2 ‘‘(1) IN GENERAL.—An individual who receives

3 one or more mailings in violation of subsection (d)

4 may, if otherwise permitted by the laws or rules of

5 court of a State, bring in an appropriate court of

6 that State—

7 ‘‘(A) an action to enjoin such violation;

8 ‘‘(B) an action to recover for actual mone9 tary loss from such a violation, or to receive

10 $500 in damages for each such violation, which11 ever is greater; or

12 ‘‘(C) both such actions.

13 It shall be an affirmative defense in any action

14 brought under this subsection that the defendant has

15 established and implemented, with due care, reason16 able practices and procedures to effectively prevent

17 mailings in violation of subsection (d). If the court

18 finds that the defendant willfully or knowingly vio19 lated subsection (d), the court may, in its discretion,

20 increase the amount of the award to an amount equal

21 to not more than 3 times the amount available under

22 subparagraph (B).

23 ‘‘(2) ACTION ALLOWABLE BASED ON OTHER SUF24 FICIENT NOTICE.—A mailing sent in violation of sec25 tion 3001(l) shall be actionable under this subsection,
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1 but only if such an action would not also be available

2 under paragraph (1) (as a violation of subsection (d))

3 based on the same mailing.

4 ‘‘(f) PROMOTER NONLIABILITY.—A promoter shall not

5 be subject to civil liability for the exclusion of an individ6 ual’s name or address from any list maintained by that

7 promoter for mailing skill contests or sweepstakes, if—

8 ‘‘(1) a removal request is received by the pro9 moter’s notification system; and

10 ‘‘(2) the promoter has a good faith belief that the

11 request is from—

12 ‘‘(A) the individual whose name and ad13 dress is to be excluded; or

14 ‘‘(B) another duly authorized person.

15 ‘‘(g) PROHIBITION ON COMMERCIAL USE OF LISTS.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) PROHIBITION.—No person may pro18 vide any information (including the sale or rent19 al of any name or address) derived from a list

20 described in subparagraph (B) to another person

21 for commercial use.

22 ‘‘(B) LISTS.—A list referred to under sub23 paragraph (A) is any list of names and address24 es (or other related information) compiled from
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1 individuals who exercise an election under sub2 section (d).

3 ‘‘(2) CIVIL PENALTY.—Any person who violates

4 paragraph (1) shall be assessed a civil penalty by the

5 Postal Service not to exceed $2,000,000 per violation.

6 ‘‘(h) CIVIL PENALTIES.—

7 ‘‘(1) IN GENERAL.—Any promoter—

8 ‘‘(A) who recklessly mails nonmailable mat9 ter in violation of subsection (b) shall be liable

10 to the United States in an amount of $10,000

11 per violation for each mailing to an individual

12 of nonmailable matter; or

13 ‘‘(B) who fails to comply with the require14 ments of subsection (c)(2) shall be liable to the

15 United States.

16 ‘‘(2) ENFORCEMENT.—The Postal Service shall,

17 in accordance with the same procedures as set forth

18 in section 3012(b), provide for the assessment of civil

19 penalties under this section.’’.

20 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

21 The table of sections for chapter 30 of title 39, United States

22 Code, is amended by adding after the item relating to sec23 tion 3016 the following:

‘‘3017. Nonmailable skill contests or sweepstakes matter; notification to prohibit

mailings.’’.
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1 (c) EFFECTIVE DATE.—This section shall take effect

2 1 year after the date of the enactment of this Act.

3 SEC. 109. STATE LAW NOT PREEMPTED.

4 (a) IN GENERAL.—Nothing in the provisions of this

5 title (including the amendments made by this title) or in

6 the regulations promulgated under such provisions shall be

7 construed to preempt any provision of State or local law

8 that imposes more restrictive requirements, regulations,

9 damages, costs, or penalties. No determination by the Postal

10 Service that any particular piece of mail or class of mail

11 is in compliance with such provisions of this title shall be

12 construed to preempt any provision of State or local law.

13 (b) EFFECT ON STATE COURT PROCEEDINGS.—Noth14 ing contained in this section shall be construed to prohibit

15 an authorized State official from proceeding in State court

16 on the basis of an alleged violation of any general civil or

17 criminal statute of such State or any specific civil or crimi18 nal statute of such State.

19 SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS.

20 (a) REFERENCES TO REPEALED PROVISIONS.—Sec21 tion 3001(a) of title 39, United States Code, is amended

22 by striking ‘‘1714,’’ and ‘‘1718,’’.

23 (b) CONFORMANCE WITH INSPECTOR GENERAL ACT

24 OF 1978.—
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1 (1) IN GENERAL.—Section 3013 of title 39,

2 United States Code, is amended—

3 (A) by striking ‘‘Board’’ each place it ap4 pears and inserting ‘‘Inspector General’’;

5 (B) in the third sentence by striking ‘‘Each

6 such report shall be submitted within sixty days

7 after the close of the reporting period involved’’

8 and inserting ‘‘Each such report shall be sub9 mitted within 1 month (or such shorter length of

10 time as the Inspector General may specify) after

11 the close of the reporting period involved’’; and

12 (C) by striking the last sentence and insert13 ing the following:

14 ‘‘The information in a report submitted under this section

15 to the Inspector General with respect to a reporting period

16 shall be included as part of the semiannual report prepared

17 by the Inspector General under section 5 of the Inspector

18 General Act of 1978 for the same reporting period. Nothing

19 in this section shall be considered to permit or require that

20 any report by the Postmaster General under this section

21 include any information relating to activities of the Inspec22 tor General.’’.

23 (2) EFFECTIVE DATE.—This subsection shall take

24 effect on the date of the enactment of this Act, and the

25 amendments made by this subsection shall apply with
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1 respect to semiannual reporting periods beginning on

2 or after such date of enactment.

3 (3) SAVINGS PROVISION.—For purposes of any

4 semiannual reporting period preceding the first semi5 annual reporting period referred to in paragraph (2),

6 the provisions of title 39, United States Code, shall

7 continue to apply as if the amendments made by this

8 subsection had not been enacted.

9 SEC. 111. EFFECTIVE DATE.

10 Except as provided in section 108 or 110(b), this title

11 shall take effect 120 days after the date of the enactment

12 of this Act.

13 TITLE II—FEDERAL RESERVE

14 BOARD RETIREMENT PORT15 ABILITY

16 SEC. 201. SHORT TITLE.

17 This title may be cited as the ‘‘Federal Reserve Board

18 Retirement Portability Act’’.

19 SEC. 202. PORTABILITY OF SERVICE CREDIT.

20 (a) CREDITABLE SERVICE.—

21 (1) IN GENERAL.—Section 8411(b) of title 5,

22 United States Code, is amended—

23 (A) by striking ‘‘and’’ at the end of para24 graph (3);

25 (B) in paragraph (4)—
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1 (i) by striking ‘‘of the preceding provi2 sions’’ and inserting ‘‘other paragraph’’;

3 and

4 (ii) by striking the period at the end

5 and inserting ‘‘; and’’; and

6 (C) by adding at the end the following:

7 ‘‘(5) a period of service (other than any service

8 under any other paragraph of this subsection, any

9 military service, and any service performed in the

10 employ of a Federal Reserve Bank) that was cred11 itable under the Bank Plan (as defined in subsection

12 (i)), if the employee waives credit for such service

13 under the Bank Plan and makes a payment to the

14 Fund equal to the amount that would have been de15 ducted from pay under section 8422(a) had the em16 ployee been subject to this chapter during such period

17 of service (together with interest on such amount com18 puted under paragraphs (2) and (3) of section

19 8334(e)).

20 Paragraph (5) shall not apply in the case of any employee

21 as to whom subsection (g) (or, to the extent subchapter III

22 of chapter 83 is involved, section 8332(n)) otherwise ap23 plies.’’.
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1 (2) BANK PLAN DEFINED.—Section 8411 of title

2 5, United States Code, is amended by adding at the

3 end the following:

4 ‘‘(i) For purposes of subsection (b)(5), the term ‘Bank

5 Plan’ means the benefit structure in which employees of the

6 Board of Governors of the Federal Reserve System ap7 pointed on or after January 1, 1984, participate, which

8 benefit structure is a component of the Retirement Plan for

9 Employees of the Federal Reserve System, established under

10 section 10 of the Federal Reserve Act (and any redesignated

11 or successor version of such benefit structure, if so identified

12 in writing by the Board of Governors of the Federal Reserve

13 System for purposes of this chapter).’’.

14 (b) EXCLUSION FROM CHAPTER 84.—

15 (1) IN GENERAL.—Paragraph (2) of section

16 8402(b) of title 5, United States Code, is amended by

17 striking the matter before subparagraph (B) and in18 serting the following:

19 ‘‘(2)(A) any employee or Member who has sepa20 rated from the service after—

21 ‘‘(i) having been subject to—

22 ‘‘(I) subchapter III of chapter 83

23 of this title;
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1 ‘‘(II) subchapter I of chapter 8 of

2 title I of the Foreign Service Act of

3 1980; or

4 ‘‘(III) the benefit structure for em5 ployees of the Board of Governors of

6 the Federal Reserve System appointed

7 before January 1, 1984, that is a com8 ponent of the Retirement Plan for Em9 ployees of the Federal Reserve System,

10 established under section 10 of the Fed11 eral Reserve Act; and

12 ‘‘(ii) having completed—

13 ‘‘(I) at least 5 years of civilian

14 service creditable under subchapter III

15 of chapter 83 of this title;

16 ‘‘(II) at least 5 years of civilian

17 service creditable under subchapter I of

18 chapter 8 of title I of the Foreign Serv19 ice Act of 1980; or

20 ‘‘(III) at least 5 years of civilian

21 service (other than any service per22 formed in the employ of a Federal Re23 serve Bank) creditable under the ben24 efit structure for employees of the

25 Board of Governors of the Federal Re-
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1 serve System appointed before January

2 1, 1984, that is a component of the Re3 tirement Plan for Employees of the

4 Federal Reserve System, established

5 under section 10 of the Federal Reserve

6 Act,

7 determined without regard to any deposit or

8 redeposit requirement under either such sub9 chapter or under such benefit structure, or

10 any requirement that the individual become

11 subject to either such subchapter or to such

12 benefit structure after performing the service

13 involved; or’’.

14 (2) EXCEPTION.—Subsection (d) of section 8402

15 of title 5, United States Code, is amended to read as

16 follows:

17 ‘‘(d) Paragraph (2) of subsection (b) shall not apply

18 to an individual who—

19 ‘‘(1) becomes subject to—

20 ‘‘(A) subchapter II of chapter 8 of title I of

21 the Foreign Service Act of 1980 (relating to the

22 Foreign Service Pension System) pursuant to an

23 election; or

24 ‘‘(B) the benefit structure in which employ25 ees of the Board of Governors of the Federal Re-
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1 serve System appointed on or after January 1,

2 1984, participate, which benefit structure is a

3 component of the Retirement Plan for Employees

4 of the Federal Reserve System, established under

5 section 10 of the Federal Reserve Act (and any

6 redesignated or successor version of such benefit

7 structure, if so identified in writing by the

8 Board of Governors of the Federal Reserve Sys9 tem for purposes of this chapter); and

10 ‘‘(2) subsequently enters a position in which, but

11 for paragraph (2) of subsection (b), such individual

12 would be subject to this chapter.’’.

13 (c) PROVISIONS RELATING TO CERTAIN FORMER EM14 PLOYEES.—A former employee of the Board of Governors

15 of the Federal Reserve System who—

16 (1) has at least 5 years of civilian service (other

17 than any service performed in the employ of a Fed18 eral Reserve Bank) creditable under the benefit struc19 ture for employees of the Board of Governors of the

20 Federal Reserve System appointed before January 1,

21 1984, that is a component of the Retirement Plan for

22 Employees of the Federal Reserve System, established

23 under section 10 of the Federal Reserve Act;

24 (2) was subsequently employed subject to the ben25 efit structure in which employees of the Board of Gov-
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1 ernors of the Federal Reserve System appointed on or

2 after January 1, 1984, participate, which benefit

3 structure is a component of the Retirement Plan for

4 Employees of the Federal Reserve System, established

5 under section 10 of the Federal Reserve Act (and any

6 redesignated or successor version of such benefit struc7 ture, if so identified in writing by the Board of Gov8 ernors of the Federal Reserve System for purposes of

9 chapter 84 of title 5, United States Code); and

10 (3) after service described in paragraph (2), be11 comes subject to and thereafter entitled to benefits

12 under chapter 84 of title 5, United States Code,

13 shall, for purposes of section 302 of the Federal Employees’

14 Retirement System Act of 1986 (100 Stat. 601; 5 U.S.C.

15 8331 note) be considered to have become subject to chapter

16 84 of title 5, United States Code, pursuant to an election

17 under section 301 of such Act.

18 (d) EFFECTIVE DATE.—

19 (1) IN GENERAL.—Subject to succeeding provi20 sions of this subsection, this section and the amend21 ments made by this section shall take effect on the

22 date of the enactment of this Act.

23 (2) PROVISIONS RELATING TO CREDITABILITY

24 AND CERTAIN FORMER EMPLOYEES.—The amend25 ments made by subsection (a) and the provisions of
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1 subsection (c) shall apply only to individuals who

2 separate from service subject to chapter 84 of title 5,

3 United States Code, on or after the date of the enact4 ment of this Act.

5 (3) PROVISIONS RELATING TO EXCLUSION FROM

6 CHAPTER.—The amendments made by subsection (b)

7 shall not apply to any former employee of the Board

8 of Governors of the Federal Reserve System who, sub9 sequent to his or her last period of service as an em10 ployee of the Board of Governors of the Federal Re11 serve System and prior to the date of the enactment

12 of this Act, became subject to subchapter III of chap13 ter 83 or chapter 84 of title 5, United States Code,

14 under the law in effect at the time of the individual’s

15 appointment.

16 SEC. 203. CERTAIN TRANSFERS TO BE TREATED AS A SEPA17 RATION FROM SERVICE FOR PURPOSES OF

18 THE THRIFT SAVINGS PLAN.

19 (a) AMENDMENTS TO CHAPTER 84 OF TITLE 5,

20 UNITED STATES CODE.—

21 (1) IN GENERAL.—Subchapter III of chapter 84

22 of title 5, United States Code, is amended by insert23 ing before section 8432 the following:
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1 ‘‘§ 8431. Certain transfers to be treated as a separa2 tion

3 ‘‘(a) For purposes of this subchapter, separation from

4 Government employment includes a transfer from a posi5 tion that is subject to one of the retirement systems de6 scribed in subsection (b) to a position that is not subject

7 to any of them.

8 ‘‘(b) The retirement systems described in this sub9 section are—

10 ‘‘(1) the retirement system under this chapter;

11 ‘‘(2) the retirement system under subchapter III

12 of chapter 83; and

13 ‘‘(3) any other retirement system under which

14 individuals may contribute to the Thrift Savings

15 Fund through withholdings from pay.’’.

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions for chapter 84 of title 5, United States Code, is

18 amended by inserting before the item relating to sec19 tion 8432 the following:

‘‘8431. Certain transfers to be treated as a separation.’’.

20 (b) CONFORMING AMENDMENTS.—Subsection (b) of

21 section 8351 of title 5, United States Code, is amended by

22 redesignating paragraph (11) as paragraph (8), and by

23 adding at the end the following:
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1 ‘‘(9) For the purpose of this section, separation

2 from Government employment includes a transfer de3 scribed in section 8431.’’.

4 (c) EFFECTIVE DATE.—The amendments made by this

5 section shall apply with respect to transfers occurring be6 fore, on, or after the date of the enactment of this Act, except

7 that, for purposes of applying such amendments with re8 spect to any transfer occurring before such date of enact9 ment, the date of such transfer shall be considered to be the

10 date of the enactment of this Act. The Executive Director

11 (within the meaning of section 8401(13) of title 5, United

12 States Code) may prescribe any regulations necessary to

13 carry out this subsection.

14 SEC. 204. CLARIFYING AMENDMENTS.

15 (a) IN GENERAL.—Subsection (f) of section 3304 of

16 title 5, United States Code, as added by section 2 of Public

17 Law 105–339, is amended—

18 (1) by striking paragraph (4);

19 (2) by redesignating paragraphs (2) and (3) as

20 paragraphs (3) and (4), respectively; and

21 (3) by inserting after paragraph (1) the fol22 lowing:

23 ‘‘(2) If selected, a preference eligible or veteran de24 scribed in paragraph (1) shall acquire competitive status
40

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1 and shall receive a career or career-conditional appoint2 ment, as appropriate.’’.

3 (b) EFFECTIVE DATE.—The amendments made by sub4 section (a) shall take effect as if enacted on October 31,

5 1998.

6 TITLE III—AMENDMENT TO THE

7 FEDERAL PROPERTY AND AD8 MINISTRATIVE SERVICES ACT

9 OF 1949

10 SEC. 301. TRANSFER OF CERTAIN PROPERTY TO STATE AND

11 LOCAL GOVERNMENTS.

12 Section 203(p)(1)(B)(ii) of the Federal Property and

13 Administrative Services Act of 1949 (40 U.S.C.

14 484(p)(1)(B)(ii)) is amended by striking ‘‘December 31,

15 1999.’’ and inserting ‘‘July 31, 2000. During the period

16 beginning January 1, 2000, and ending July 31, 2000, the

17 Administrator may not convey any property under sub18 paragraph (A), but may accept, consider, and approve ap19 plications for transfer of property under that subpara20 graph.’’.

Attest:

Clerk.