Deceptive Mail Prevention and Enforcement Act
PL 106-168 (S.335), enacted 12/12/1999

113 STAT. 1806 
PUBLIC LAW 106-168—DEC. 12, 1999 
Dec. 12, 1999 
[S. 335] 
Deceptive Mail 
Prevention and 
Enforcement Act. 
Public Law 106-168 
106th Congress 
An Act 
To amend chapter 30 of title 39, United States Code, to provide for the nonmailability 
of certain 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 govenmients. 
TITLE I—DECEPTIVE MAIL 
PREVENTION AND ENFORCEMENT 
39 u s e 3001 
note. 
SEC. 101. SHORT TITLE. 
This title may be cited as the "Deceptive Mail Prevention 
and Enforcement Act". 
SEC. 102. RESTRICTIONS 
ON MAILINGS USING 
MISLEADING 
ERENCES TO THE UNITED STATES GOVERNMENT. 
REF-
Section 3001 of title 39, United States Code, is amended— 
(1) in subsection (h)— 
PUBLIC LAW 106-168—DEC. 12, 1999 
113 STAT. 1807 
(A) in the first sentence by striking "contains a seal, 
insignia, trade or brand name, or any other term or symbol 
that reasonably could be interpreted or construed as 
implying any Federal Government connection, approval or 
endorsement" and inserting the following: "which reason-
ably could be interpreted or construed as implying any 
Federal Government connection, approval, or endorsement 
through the use of a seal, insignia, reference to the Post-
master 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 fol-
lowing: 
"(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 reason-
ably could be interpreted or construed as implying any 
Federal Government connection, approval, or endorsement 
through the use of a seal, insignia, reference to the Post-
master 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 fol-
lowing: 
"(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 noncontribu-
tion; or"; 
(3) by redesignating subsections (j) and (k) as subsections 
(m) and (n), respectively; and 
(4) by inserting after subsection (i) the following: 
69-194-01- 10:QL3Part3 
113 STAT. 1808 
PUBLIC LAW 106-168—DEC. 12, 1999 
"(j)(l) 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 pay-
ment 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 fol-
lowing: 
"(k)(l) 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, competi-
tion, 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 sweep-
stakes 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; 
PUBLIC LAW 106-168—DEC. 12, 1999 
113 STAT. 1809 
"(V) does not contain sweepstakes rules that state— 
"(aa) the estimated odds of winning each prize; 
"(bb) the quantity, estimated retail value, and nature 
of each prize; and 
"(cc) the schedule of any payments made over time; 
"(VI) represents that individuals not purchasing products 
or services may be disqualified from receiving future sweep-
stakes 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 incon-
sistent 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 slall 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; 
"(fO 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 nego-
tiable 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. 
113 STAT. 1810 
PUBLIC LAW 106-168—DEC. 12, 1999 
"(5) Any statement, notice, or disclaimer required under para-
graph (3) shall be clearly and conspicuously displayed. Any state-
ment, 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. 
"(1)(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 gen-
eral 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 begin-
ning on the date the written request under paragraph (1) is sub-
mitted 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 ", 0), or (k)" after "(i)" each place it appears. 
SEC. 1
0
5
. 
TEMPORARY RESTRAINING ORDER FOR DECEPTIVE 
MAIUNGS. 
(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 fac-
simile check or in any district in which the defendant is found, 
for a temporsiry 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 
PUBLIC LAW 106-168—DEC. 12, 1999 
113 STAT. 1811 
mail, which is the subject of the proceedings under section 
3005. 
"(B) A proper showing under this paragraph shall require proof 
of a likelihood of success on the merits of the proceedings under 
section 3005. 
"(3) Mail detained under paragraph (2) shall— 
"(A) be made available at the post office of mailing or 
delivery for examination by the defendant in the presence of 
a postal employee; and 
"(B) be delivered as addressed if such mail is not clearly 
shown to be the subject of proceedings under section 3005. 
"(4) No finding of the defendant's intent to make a false rep-
resentation 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 pro-
ceedings 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, 
113 STAT. 1812 
PUBLIC LAW 106-168—DEC. 12, 1999 
the degree of culpability and other such matters as justice may 
require. 
"(d) Any person who violates section 3001(1) 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 CJeneral may require 
by subpoena the production of any records (including books, 
papers, documents, and other tangible things which con-
stitute or contain evidence) which the Postmaster Greneral 
considers relevant or material to such investigation. 
"(B) CONDITION.—No subpoena shall be issued under 
this paragraph except in accordance with procedures, estab-
lished 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 con-
tain 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 con-
sistent 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. 
PUBLIC LAW 106-168—DEC. 12, 1999 
113 STAT. 1813 
"(3) SERVICE ON BUSINESS PERSONS.—Service of any such 
subpoena may be made upon a partnership, corporation, 
association, or other legal entity by— 
"(A) delivering a duly executed copy thereof to any 
partner, executive officer, managing agent, or general agent 
thereof, or to any agent thereof authorized by appointment 
or by law to receive service of process on behalf of such 
partnership, corporation, association, or entity; 
"(B) delivering a duly executed copy thereof to the 
principal office or place of business of the partnership, 
corporation, association, or entity; or 
"(C) depositing such copy in the United States mails, 
by registered or certified mail, return receipt requested, 
duly addressed to such partnership, corporation, associa-
tion, or entity at its principal office or place of business. 
"(4) SERVICE ON NATURAL PERSONS.—Service of any sub-
poena 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, cor-
poration, association, or entity fails to comply with any sub-
poena 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 trans-
acts 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 pursu-
ant 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 Deadline, 
the enactment of this section, the Postal Service shall promulgate 
^^ ^SC 3016 
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: 
note. 
113 STAT. 1814 
PUBLIC LAW 106-168—DEC. 12, 1999 
"(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 sweep-
stakes, 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 300l(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 
PUBLIC LAW 106-168—DEC. 12, 1999 
113 STAT. 1815 
"(C) states that the notification system may be used 
to prohibit the mailing of all skill contests or sweepstakes 
by that promoter to such individual. 
"(2) NOTIFICATION SYSTEM.—Any promoter that mails or 
causes to be mailed a skill contest or sweepstakes shall estab-
lish 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 Deadline, 
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 para-
graph (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 per-
mitted 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 imple-
mented, 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(1) 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 
113 STAT. 1816 
PUBLIC LAW 106-168—DEC. 12, 1999 
from any list maintained by that promoter for mailing skill contests 
or sweepstakes, if— 
"(1) a removal request is received by the promoter's notifica-
tion 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) I N 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.— 
"(l)lNGENERAL.—Any promoter— 
"(A) who recklessly mails nonmailable matter in viola-
tion 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 sub-
section (c)(2) shall be liable to the United States. 
"(2) ENFORCEMENT.—The Postal Service shall, in accord-
ance 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.". 
39 use 3017 
(c) EFFECTIVE DATE.—^This section shall take effect 1 year after 
note. 
the date of the enactment of this Act. 
39 use 3001 
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 deter-
mination 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. 
PUBLIC LAW 106-168—DEC. 12, 1999 
113 STAT. 1817 
SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) REFERENCES TO REPEALED PROVISIONS.—Section 3001(a) of 
title 39, United States Code, is amended by striking "1714," and 
"1718,". 
(b) CONFORMANCE WITH INSPECTOR GENERAL ACT OF 1978.— 
(1) IN GENERAL.—Section 3013 of title 39, United States 
Code, is amended— 
(A) by striking "Board" each place it appears and 
inserting "Inspector General"; 
(B) in the third sentence by striking "Each such report 
shall be submitted within sixty days after the close of 
the reporting period involved" and inserting "Each such 
report shall be submitted within 1 month (or such shorter 
length of time as the Inspector General may specify) after 
the close of the reporting period involved"; and 
(C) by striking the last sentence and inserting the 
following: 
"The information in a report submitted under this section to the 
Inspector General with respect to a reporting period shall be 
included as part of the semiannual report prepared by the Inspector 
General under section 5 of the Inspector General Act of 1978 
for the same reporting period. Nothing in this section shall be 
considered to permit or require that any report by the Postmaster 
General under this section include any information relating to 
activities of the Inspector General.". 
(2) EFFECTIVE 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 Retire-
ment 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 
39 u s e 3013 
note. 
39 u s e 3013 
note. 
39 u s e 3001 
note. 
Federal Reserve 
Board 
Retirement 
Portability Act. 
5 u s e 8401 note. 
113 STAT. 1818 
PUBLIC LAW 106-168—DEC. 12, 1999 
(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 (bX5), 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 sec-
tion 10 of the Federal Reserve Act, 
PUBLIC LAW 106-168—DEC. 12, 1999 
113 STAT. 1819 
determined without regard to any deposit or redeposit 
requirement under either such subchapter or under such 
benefit structure, or any requirement that the individual 
become subject to either such subchapter or to such benefit 
structure after performing the service involved; or". 
(2) EXCEPTION.—Subsection (d) of section 8402 of title 5, 
United States Code, is amended to read as follows: 
"(d) Paragraph (2) of subsection (b) shall not apply to an indi-
vidual 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 para-
graph (2) of subsection (b), such individual would be subject 
to this chapter.". 
(c) PROVISIONS RELATING TO CERTAIN FORMER EMPLOYEES.— 5 use 8402 note. 
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 struc-
ture 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' Retire-
ment 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.— 
5 use 8402 note. 
(1) IN GENERAL.—Subject to succeeding provisions of this 
subsection, this section and the amendments made by this 
113 STAT. 1820 
PUBLIC LAW 106-168—DEC. 12, 1999 
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 individ-
uals 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. 
2
0
3
. 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 Govern-
ment 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 para-
graph (11) as paragraph (8), and by adding at the end the following: 
"(9) For the purpose of this section, separation from Govern-
ment emplo3mnent includes a transfer described in section 
8431.". 
5 use 8431 note. 
(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 
PUBLIC LAW 106-168—DEC. 12, 1999 
113 STAT. 1821 
5, United States Code) may prescribe any regulations necessary 
to carry out this subsection. 
SEC. 204. CLARIFYING AMENDMENTS. 
(a) IN GENERAL.—Subsection (f) of section 3304 of title 5, United 
States Code, as added by section 2 of Public Law 105-339, is 
amended— 
(1) by striking paragraph (4); 
(2) by redesignating paragraphs (2) and (3) as paragraphs 
(3) and (4), respectively; and 
(3) by inserting after paragraph (1) the following: 
"(2) If selected, a preference eligible or veteran described in 
paragraph (1) shall acquire competitive status and shall receive 
a career or career-conditional appointment, as appropriate.". 
(b) EFFECTIVE DATE.—^The amendments made by subsection 
(a) shall take effect as if enacted on October 31, 1998. 
TITLE III—AMENDMENT TO THE FED-
ERAL PROPERTY AND ADMINISTRA-
TIVE SERVICES ACT OF 1949 
SEC. 
301. 
TRANSFER OF 
CERTAIN 
PROPERTY 
TO 
STATE 
AND LOCAL 
GOVERNMENTS. 
Section 203(p)(l)(B)(ii) of the Federal Property and Administra-
tive Services Act of 1949 (40 U.S.C. 484(p)(l)(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 applica-
tions for transfer of property under that subparagraph.". 
Approved December 12, 1999. 
LEGISLATIVE HISTORY—S. 335 (H.R. 170): 
HOUSE REPORTS: No. 106-431 accompanying H.R. 170 (Comm. on Government 
Reform). 
SENATE REPORTS: No. 106-102 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
Aug. 2, considered and passed Senate. 
Nov. 9, considered and passed House, amended. 
Nov. 19, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999): 
Dec. 12, Presidential statement.