[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 335 Engrossed Amendment House (EAH)]


  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:

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.

           TITLE I--DECEPTIVE MAIL PREVENTION AND ENFORCEMENT

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

         TITLE II--FEDERAL RESERVE BOARD RETIREMENT PORTABILITY

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

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

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

           TITLE I--DECEPTIVE MAIL PREVENTION AND ENFORCEMENT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Deceptive Mail Prevention and 
Enforcement Act''.

SEC. 102. RESTRICTIONS ON MAILINGS USING MISLEADING REFERENCES TO THE 
              UNITED STATES GOVERNMENT.

    Section 3001 of title 39, United States Code, is amended--
            (1) in subsection (h)--
                    (A) in the first sentence by striking ``contains a 
                seal, insignia, trade or brand name, or any other term 
                or symbol that reasonably could be interpreted or 
                construed as implying any Federal Government 
                connection, approval or endorsement'' and inserting the 
                following: ``which reasonably could be interpreted or 
                construed as implying any Federal Government 
                connection, approval, or endorsement through the use of 
                a seal, insignia, reference to the Postmaster General, 
                citation to a Federal statute, name of a Federal 
                agency, department, commission, or program, trade or 
                brand name, or any other term or symbol; or contains 
                any reference to the Postmaster General or a citation 
                to a Federal statute that misrepresents either the 
                identity of the mailer or the protection or status 
                afforded such matter by the Federal Government''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A) by striking ``and'' 
                        at the end;
                            (ii) in subparagraph (B) by striking ``or'' 
                        at the end and inserting ``and''; and
                            (iii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) such matter does not contain a false 
                representation stating or implying that Federal 
                Government benefits or services will be affected by any 
                purchase or nonpurchase; or'';
            (2) in subsection (i) in the first sentence--
                    (A) in the first sentence by striking ``contains a 
                seal, insignia, trade or brand name, or any other term 
                or symbol that reasonably could be interpreted or 
                construed as implying any Federal Government 
                connection, approval or endorsement'' and inserting the 
                following: ``which reasonably could be interpreted or 
                construed as implying any Federal Government 
                connection, approval, or endorsement through the use of 
                a seal, insignia, reference to the Postmaster General, 
                citation to a Federal statute, name of a Federal 
                agency, department, commission, or program, trade or 
                brand name, or any other term or symbol; or contains 
                any reference to the Postmaster General or a citation 
                to a Federal statute that misrepresents either the 
                identity of the mailer or the protection or status 
                afforded such matter by the Federal Government''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A) by striking ``and'' 
                        at the end;
                            (ii) in subparagraph (B) by striking ``or'' 
                        at the end and inserting ``and''; and
                            (iii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) such matter does not contain a false 
                representation stating or implying that Federal 
                Government benefits or services will be affected by any 
                contribution or noncontribution; or'';
            (3) by redesignating subsections (j) and (k) as subsections 
        (m) and (n), respectively; and
            (4) by inserting after subsection (i) the following:
    ``(j)(1) Any matter otherwise legally acceptable in the mails which 
is described in paragraph (2) is nonmailable matter, shall not be 
carried or delivered by mail, and shall be disposed of as the Postal 
Service directs.
    ``(2) Matter described in this paragraph is any matter that--
            ``(A) constitutes a solicitation for the purchase of or 
        payment for any product or service that--
                    ``(i) is provided by the Federal Government; and
                    ``(ii) may be obtained without cost from the 
                Federal Government; and
            ``(B) does not contain a clear and conspicuous statement 
        giving notice of the information set forth in clauses (i) and 
        (ii) of subparagraph (A).''.

SEC. 103. RESTRICTIONS ON SWEEPSTAKES AND DECEPTIVE MAILINGS.

    Section 3001 of title 39, United States Code, is amended by 
inserting after subsection (j) (as added by section 102(4)) the 
following:
    ``(k)(1) In this subsection--
            ``(A) the term `clearly and conspicuously displayed' means 
        presented in a manner that is readily noticeable, readable, and 
        understandable to the group to whom the applicable matter is 
        disseminated;
            ``(B) the term `facsimile check' means any matter that--
                    ``(i) is designed to resemble a check or other 
                negotiable instrument; but
                    ``(ii) is not negotiable;
            ``(C) the term `skill contest' means a puzzle, game, 
        competition, or other contest in which--
                    ``(i) a prize is awarded or offered;
                    ``(ii) the outcome depends predominately on the 
                skill of the contestant; and
                    ``(iii) a purchase, payment, or donation is 
                required or implied to be required to enter the 
                contest; and
            ``(D) the term `sweepstakes' means a game of chance for 
        which no consideration is required to enter.
    ``(2) Except as provided in paragraph (4), any matter otherwise 
legally acceptable in the mails which is described in paragraph (3) is 
nonmailable matter, shall not be carried or delivered by mail, and 
shall be disposed of as the Postal Service directs.
    ``(3) Matter described in this paragraph is any matter that--
            ``(A)(i) includes entry materials for a sweepstakes or a 
        promotion that purports to be a sweepstakes; and
            ``(ii)(I) does not contain a statement that discloses in 
        the mailing, in the rules, and on the order or entry form, that 
        no purchase is necessary to enter such sweepstakes;
            ``(II) does not contain a statement that discloses in the 
        mailing, in the rules, and on the order or entry form, that a 
        purchase will not improve an individual's chances of winning 
        with such entry;
            ``(III) does not state all terms and conditions of the 
        sweepstakes promotion, including the rules and entry procedures 
        for the sweepstakes;
            ``(IV) does not disclose the sponsor or mailer of such 
        matter and the principal place of business or an address at 
        which the sponsor or mailer may be contacted;
            ``(V) does not contain sweepstakes rules that state--
                    ``(aa) the estimated odds of winning each prize;
                    ``(bb) the quantity, estimated retail value, and 
                nature of each prize; and
                    ``(cc) the schedule of any payments made over time;
            ``(VI) represents that individuals not purchasing products 
        or services may be disqualified from receiving future 
        sweepstakes mailings;
            ``(VII) requires that a sweepstakes entry be accompanied by 
        an order or payment for a product or service previously 
        ordered;
            ``(VIII) represents that an individual is a winner of a 
        prize unless that individual has won such prize; or
            ``(IX) contains a representation that contradicts, or is 
        inconsistent with sweepstakes rules or any other disclosure 
        required to be made under this subsection, including any 
        statement qualifying, limiting, or explaining the rules or 
        disclosures in a manner inconsistent with such rules or 
        disclosures;
            ``(B)(i) includes entry materials for a skill contest or a 
        promotion that purports to be a skill contest; and
            ``(ii)(I) does not state all terms and conditions of the 
        skill contest, including the rules and entry procedures for the 
        skill contest;
            ``(II) does not disclose the sponsor or mailer of the skill 
        contest and the principal place of business or an address at 
        which the sponsor or mailer may be contacted; or
            ``(III) does not contain skill contest rules that state, as 
        applicable--
                    ``(aa) the number of rounds or levels of the 
                contest and the cost to enter each round or level;
                    ``(bb) that subsequent rounds or levels will be 
                more difficult to solve;
                    ``(cc) the maximum cost to enter all rounds or 
                levels;
                    ``(dd) the estimated number or percentage of 
                entrants who may correctly solve the skill contest or 
                the approximate number or percentage of entrants 
                correctly solving the past 3 skill contests conducted 
                by the sponsor;
                    ``(ee) the identity or description of the 
                qualifications of the judges if the contest is judged 
                by other than the sponsor;
                    ``(ff) the method used in judging;
                    ``(gg) the date by which the winner or winners will 
                be determined and the date or process by which prizes 
                will be awarded;
                    ``(hh) the quantity, estimated retail value, and 
                nature of each prize; and
                    ``(ii) the schedule of any payments made over time; 
                or
            ``(C) includes any facsimile check that does not contain a 
        statement on the check itself that such check is not a 
        negotiable instrument and has no cash value.
    ``(4) Matter that appears in a magazine, newspaper, or other 
periodical shall be exempt from paragraph (2) if such matter--
            ``(A) is not directed to a named individual; or
            ``(B) does not include an opportunity to make a payment or 
        order a product or service.
    ``(5) Any statement, notice, or disclaimer required under paragraph 
(3) shall be clearly and conspicuously displayed. Any statement, 
notice, or disclaimer required under subclause (I) or (II) of paragraph 
(3)(A)(ii) shall be displayed more conspicuously than would otherwise 
be required under the preceding sentence.
    ``(6) In the enforcement of paragraph (3), the Postal Service shall 
consider all of the materials included in the mailing and the material 
and language on and visible through the envelope or outside cover or 
wrapper in which those materials are mailed.
    ``(l)(1) Any person who uses the mails for any matter to which 
subsection (h), (i), (j), or (k) applies shall adopt reasonable 
practices and procedures to prevent the mailing of such matter to any 
person who, personally or through a conservator, guardian, or 
individual with power of attorney--
            ``(A) submits to the mailer of such matter a written 
        request that such matter should not be mailed to such person; 
        or
            ``(B)(i) submits such a written request to the attorney 
        general of the appropriate State (or any State government 
        officer who transmits the request to that attorney general); 
        and
            ``(ii) that attorney general transmits such request to the 
        mailer.
    ``(2) Any person who mails matter to which subsection (h), (i), 
(j), or (k) applies shall maintain or cause to be maintained a record 
of all requests made under paragraph (1). The records shall be 
maintained in a form to permit the suppression of an applicable name at 
the applicable address for a 5-year period beginning on the date the 
written request under paragraph (1) is submitted to the mailer.''.

SEC. 104. POSTAL SERVICE ORDERS TO PROHIBIT DECEPTIVE MAILINGS.

    Section 3005(a) of title 39, United States Code, is amended--
            (1) by striking ``or'' after ``(h),'' each place it 
        appears; and
            (2) by inserting ``, (j), or (k)'' after ``(i)'' each place 
        it appears.

SEC. 105. TEMPORARY RESTRAINING ORDER FOR DECEPTIVE MAILINGS.

    (a) In General.--Section 3007 of title 39, United States Code, is 
amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by striking subsection (a) and inserting the following:
    ``(a)(1) In preparation for or during the pendency of proceedings 
under section 3005, the Postal Service may, under the provisions of 
section 409(d), apply to the district court in any district in which 
mail is sent or received as part of the alleged scheme, device, 
lottery, gift enterprise, sweepstakes, skill contest, or facsimile 
check or in any district in which the defendant is found, for a 
temporary restraining order and preliminary injunction under the 
procedural requirements of rule 65 of the Federal Rules of Civil 
Procedure.
    ``(2)(A) Upon a proper showing, the court shall enter an order 
which shall--
            ``(i) remain in effect during the pendency of the statutory 
        proceedings, any judicial review of such proceedings, or any 
        action to enforce orders issued under the proceedings; and
            ``(ii) direct the detention by the postmaster, in any and 
        all districts, of the defendant's incoming mail and outgoing 
        mail, which is the subject of the proceedings under section 
        3005.
    ``(B) A proper showing under this paragraph shall require proof of 
a likelihood of success on the merits of the proceedings under section 
3005.
    ``(3) Mail detained under paragraph (2) shall--
            ``(A) be made available at the post office of mailing or 
        delivery for examination by the defendant in the presence of a 
        postal employee; and
            ``(B) be delivered as addressed if such mail is not clearly 
        shown to be the subject of proceedings under section 3005.
    ``(4) No finding of the defendant's intent to make a false 
representation or to conduct a lottery is required to support the 
issuance of an order under this section.
    ``(b) If any order is issued under subsection (a) and the 
proceedings under section 3005 are concluded with the issuance of an 
order under that section, any judicial review of the matter shall be in 
the district in which the order under subsection (a) was issued.''.
    (b) Repeal.--
            (1) In general.--Section 3006 of title 39, United States 
        Code, and the item relating to such section in the table of 
        sections for chapter 30 of such title are repealed.
            (2) Conforming amendments.--(A) Section 3005(c) of title 
        39, United States Code, is amended by striking ``section and 
        section 3006 of this title,'' and inserting ``section,''.
            (B) Section 3011(e) of title 39, United States Code, is 
        amended by striking ``3006, 3007,'' and inserting ``3007''.

SEC. 106. CIVIL PENALTIES AND COSTS.

    Section 3012 of title 39, United States Code, is amended--
            (1) in subsection (a) by striking ``$10,000 for each day 
        that such person engages in conduct described by paragraph (1), 
        (2), or (3) of this subsection.'' and inserting ``$50,000 for 
        each mailing of less than 50,000 pieces; $100,000 for each 
        mailing of 50,000 to 100,000 pieces; with an additional $10,000 
        for each additional 10,000 pieces above 100,000, not to exceed 
        $2,000,000.'';
            (2) in paragraphs (1) and (2) of subsection (b) by 
        inserting after ``of subsection (a)'' the following: ``, (c), 
        or (d)'';
            (3) by redesignating subsections (c) and (d), as 
        subsections (e) and (f), respectively; and
            (4) by inserting after subsection (b) the following:
    ``(c)(1) In any proceeding in which the Postal Service may issue an 
order under section 3005(a), the Postal Service may in lieu of that 
order or as part of that order assess civil penalties in an amount not 
to exceed $25,000 for each mailing of less than 50,000 pieces; $50,000 
for each mailing of 50,000 to 100,000 pieces; with an additional $5,000 
for each additional 10,000 pieces above 100,000, not to exceed 
$1,000,000.
    ``(2) In any proceeding in which the Postal Service assesses 
penalties under this subsection the Postal Service shall determine the 
civil penalty taking into account the nature, circumstances, extent, 
and gravity of the violation or violations of section 3005(a), and with 
respect to the violator, the ability to pay the penalty, the effect of 
the penalty on the ability of the violator to conduct lawful business, 
any history of prior violations of such section, the degree of 
culpability and other such matters as justice may require.
    ``(d) Any person who violates section 3001(l) shall be liable to 
the United States for a civil penalty not to exceed $10,000 for each 
mailing to an individual.''.

SEC. 107. ADMINISTRATIVE SUBPOENAS.

    (a) In General.--Chapter 30 of title 39, United States Code, is 
amended by adding at the end the following:
``Sec. 3016. Administrative subpoenas
    ``(a) Subpoena Authority.--
            ``(1) Investigations.--
                    ``(A) In general.--In any investigation conducted 
                under section 3005(a), the Postmaster General may 
                require by subpoena the production of any records 
                (including books, papers, documents, and other tangible 
                things which constitute or contain evidence) which the 
                Postmaster General considers relevant or material to 
                such investigation.
                    ``(B) Condition.--No subpoena shall be issued under 
                this paragraph except in accordance with procedures, 
                established by the Postal Service, requiring that--
                            ``(i) a specific case, with an individual 
                        or entity identified as the subject, be opened 
                        before a subpoena is requested;
                            ``(ii) appropriate supervisory and legal 
                        review of a subpoena request be performed; and
                            ``(iii) delegation of subpoena approval 
                        authority be limited to the Postal Service's 
                        General Counsel or a Deputy General Counsel.
            ``(2) Statutory proceedings.--In any statutory proceeding 
        conducted under section 3005(a), the Judicial Officer may 
        require by subpoena the attendance and testimony of witnesses 
        and the production of any records (including books, papers, 
        documents, and other tangible things which constitute or 
        contain evidence) which the Judicial Officer considers relevant 
        or material to such proceeding.
            ``(3) Rule of construction.--Nothing in paragraph (2) shall 
        be considered to apply in any circumstance to which paragraph 
        (1) applies.
    ``(b) Service.--
            ``(1) Service within the united states.--A subpoena issued 
        under this section may be served by a person designated under 
        section 3061 of title 18 at any place within the territorial 
        jurisdiction of any court of the United States.
            ``(2) Foreign service.--Any such subpoena may be served 
        upon any person who is not to be found within the territorial 
        jurisdiction of any court of the United States, in such manner 
        as the Federal Rules of Civil Procedure prescribe for service 
        in a foreign country. To the extent that the courts of the 
        United States may assert jurisdiction over such person 
        consistent with due process, the United States District Court 
        for the District of Columbia shall have the same jurisdiction 
        to take any action respecting compliance with this section by 
        such person that such court would have if such person were 
        personally within the jurisdiction of such court.
            ``(3) Service on business persons.--Service of any such 
        subpoena may be made upon a partnership, corporation, 
        association, or other legal entity by--
                    ``(A) delivering a duly executed copy thereof to 
                any partner, executive officer, managing agent, or 
                general agent thereof, or to any agent thereof 
                authorized by appointment or by law to receive service 
                of process on behalf of such partnership, corporation, 
                association, or entity;
                    ``(B) delivering a duly executed copy thereof to 
                the principal office or place of business of the 
                partnership, corporation, association, or entity; or
                    ``(C) depositing such copy in the United States 
                mails, by registered or certified mail, return receipt 
                requested, duly addressed to such partnership, 
                corporation, association, or entity at its principal 
                office or place of business.
            ``(4) Service on natural persons.--Service of any subpoena 
        may be made upon any natural person by--
                    ``(A) delivering a duly executed copy to the person 
                to be served; or
                    ``(B) depositing such copy in the United States 
                mails, by registered or certified mail, return receipt 
                requested, duly addressed to such person at his 
                residence or principal office or place of business.
            ``(5) Verified return.--A verified return by the individual 
        serving any such subpoena setting forth the manner of such 
        service shall be proof of such service. In the case of service 
        by registered or certified mail, such return shall be 
        accompanied by the return post office receipt of delivery of 
        such subpoena.
    ``(c) Enforcement.--
            ``(1) In general.--Whenever any person, partnership, 
        corporation, association, or entity fails to comply with any 
        subpoena duly served upon him, the Postmaster General may 
        request that the Attorney General seek enforcement of the 
        subpoena in the district court of the United States for any 
        judicial district in which such person resides, is found, or 
        transacts business, and serve upon such person a petition for 
        an order of such court for the enforcement of this section.
            ``(2) Jurisdiction.--Whenever any petition is filed in any 
        district court of the United States under this section, such 
        court shall have jurisdiction to hear and determine the matter 
        so presented, and to enter such order or orders as may be 
        required to carry into effect the provisions of this section. 
        Any final order entered shall be subject to appeal under 
        section 1291 of title 28, United States Code. Any disobedience 
        of any final order entered under this section by any court may 
        be punished as contempt.
    ``(d) Disclosure.--Any documentary material provided pursuant to 
any subpoena issued under this section shall be exempt from disclosure 
under section 552 of title 5, United States Code.''.
    (b) Regulations.--Not later than 120 days after the date of the 
enactment of this section, the Postal Service shall promulgate 
regulations setting out the procedures the Postal Service will use to 
implement the amendment made by subsection (a).
    (c) Semiannual Reports.--Section 3013 of title 39, United States 
Code, is amended by striking ``and'' at the end of paragraph (4), by 
redesignating paragraph (5) as paragraph (6), and by inserting after 
paragraph (4) the following:
            ``(5) the number of cases in which the authority described 
        in section 3016 was used, and a comprehensive statement 
        describing how that authority was used in each of those cases; 
        and''.
    (d) Technical and Conforming Amendment.--The table of sections for 
chapter 30 of title 39, United States Code, is amended by adding at the 
end the following:

``3016. Administrative subpoenas.''.

SEC. 108. REQUIREMENTS OF PROMOTERS OF SKILL CONTESTS OR SWEEPSTAKES 
              MAILINGS.

    (a) In General.--Chapter 30 of title 39, United States Code (as 
amended by section 107) is amended by adding after section 3016 the 
following:
``Sec. 3017. Nonmailable skill contests or sweepstakes matter; 
              notification to prohibit mailings
    ``(a) Definitions.--In this section--
            ``(1) the term `promoter' means any person who--
                    ``(A) originates and mails any skill contest or 
                sweepstakes, except for any matter described in section 
                3001(k)(4); or
                    ``(B) originates and causes to be mailed any skill 
                contest or sweepstakes, except for any matter described 
                in section 3001(k)(4);
            ``(2) the term `removal request' means a request stating 
        that an individual elects to have the name and address of such 
        individual excluded from any list used by a promoter for 
        mailing skill contests or sweepstakes;
            ``(3) the terms `skill contest', `sweepstakes', and 
        `clearly and conspicuously displayed' have the same meanings as 
        given them in section 3001(k); and
            ``(4) the term `duly authorized person', as used in 
        connection with an individual, means a conservator or guardian 
        of, or person granted power of attorney by, such individual.
    ``(b) Nonmailable Matter.--
            ``(1) In general.--Matter otherwise legally acceptable in 
        the mails described in paragraph (2)--
                    ``(A) is nonmailable matter;
                    ``(B) shall not be carried or delivered by mail; 
                and
                    ``(C) shall be disposed of as the Postal Service 
                directs.
            ``(2) Nonmailable matter described.--Matter described in 
        this paragraph is any matter that--
                    ``(A) is a skill contest or sweepstakes, except for 
                any matter described in section 3001(k)(4); and
                    ``(B)(i) is addressed to an individual who made an 
                election to be excluded from lists under subsection 
                (d); or
                    ``(ii) does not comply with subsection (c)(1).
    ``(c) Requirements of Promoters.--
            ``(1) Notice to individuals.--Any promoter who mails a 
        skill contest or sweepstakes shall provide with each mailing a 
        statement that--
                    ``(A) is clearly and conspicuously displayed;
                    ``(B) includes the address or toll-free telephone 
                number of the notification system established under 
                paragraph (2); and
                    ``(C) states that the notification system may be 
                used to prohibit the mailing of all skill contests or 
                sweepstakes by that promoter to such individual.
            ``(2) Notification system.--Any promoter that mails or 
        causes to be mailed a skill contest or sweepstakes shall 
        establish and maintain a notification system that provides for 
        any individual (or other duly authorized person) to notify the 
        system of the individual's election to have the name and 
        address of the individual excluded from all lists of names and 
        addresses used by that promoter to mail any skill contest or 
        sweepstakes.
    ``(d) Election To Be Excluded From Lists.--
            ``(1) In general.--An individual (or other duly authorized 
        person) may elect to exclude the name and address of that 
        individual from all lists of names and addresses used by a 
        promoter of skill contests or sweepstakes by submitting a 
        removal request to the notification system established under 
        subsection (c).
            ``(2) Response after submitting removal request to the 
        notification system.--Not later than 60 calendar days after a 
        promoter receives a removal request pursuant to an election 
        under paragraph (1), the promoter shall exclude the 
        individual's name and address from all lists of names and 
        addresses used by that promoter to select recipients for any 
        skill contest or sweepstakes.
            ``(3) Effectiveness of election.--An election under 
        paragraph (1) shall remain in effect, unless an individual (or 
        other duly authorized person) notifies the promoter in writing 
        that such individual--
                    ``(A) has changed the election; and
                    ``(B) elects to receive skill contest or 
                sweepstakes mailings from that promoter.
    ``(e) Private Right of Action.--
            ``(1) In general.--An individual who receives one or more 
        mailings in violation of subsection (d) may, if otherwise 
        permitted by the laws or rules of court of a State, bring in an 
        appropriate court of that State--
                    ``(A) an action to enjoin such violation;
                    ``(B) an action to recover for actual monetary loss 
                from such a violation, or to receive $500 in damages 
                for each such violation, whichever is greater; or
                    ``(C) both such actions.
        It shall be an affirmative defense in any action brought under 
        this subsection that the defendant has established and 
        implemented, with due care, reasonable practices and procedures 
        to effectively prevent mailings in violation of subsection (d). 
        If the court finds that the defendant willfully or knowingly 
        violated subsection (d), the court may, in its discretion, 
        increase the amount of the award to an amount equal to not more 
        than 3 times the amount available under subparagraph (B).
            ``(2) Action allowable based on other sufficient notice.--A 
        mailing sent in violation of section 3001(l) shall be 
        actionable under this subsection, but only if such an action 
        would not also be available under paragraph (1) (as a violation 
        of subsection (d)) based on the same mailing.
    ``(f) Promoter Nonliability.--A promoter shall not be subject to 
civil liability for the exclusion of an individual's name or address 
from any list maintained by that promoter for mailing skill contests or 
sweepstakes, if--
            ``(1) a removal request is received by the promoter's 
        notification system; and
            ``(2) the promoter has a good faith belief that the request 
        is from--
                    ``(A) the individual whose name and address is to 
                be excluded; or
                    ``(B) another duly authorized person.
    ``(g) Prohibition on Commercial Use of Lists.--
            ``(1) In general.--
                    ``(A) Prohibition.--No person may provide any 
                information (including the sale or rental of any name 
                or address) derived from a list described in 
                subparagraph (B) to another person for commercial use.
                    ``(B) Lists.--A list referred to under subparagraph 
                (A) is any list of names and addresses (or other 
                related information) compiled from individuals who 
                exercise an election under subsection (d).
            ``(2) Civil penalty.--Any person who violates paragraph (1) 
        shall be assessed a civil penalty by the Postal Service not to 
        exceed $2,000,000 per violation.
    ``(h) Civil Penalties.--
            ``(1) In general.--Any promoter--
                    ``(A) who recklessly mails nonmailable matter in 
                violation of subsection (b) shall be liable to the 
                United States in an amount of $10,000 per violation for 
                each mailing to an individual of nonmailable matter; or
                    ``(B) who fails to comply with the requirements of 
                subsection (c)(2) shall be liable to the United States.
            ``(2) Enforcement.--The Postal Service shall, in accordance 
        with the same procedures as set forth in section 3012(b), 
        provide for the assessment of civil penalties under this 
        section.''.
    (b) Technical and Conforming Amendments.--The table of sections for 
chapter 30 of title 39, United States Code, is amended by adding after 
the item relating to section 3016 the following:

``3017. Nonmailable skill contests or sweepstakes matter; notification 
                            to prohibit mailings.''.
    (c) Effective Date.--This section shall take effect 1 year after 
the date of the enactment of this Act.

SEC. 109. STATE LAW NOT PREEMPTED.

    (a) In General.--Nothing in the provisions of this title (including 
the amendments made by this title) or in the regulations promulgated 
under such provisions shall be construed to preempt any provision of 
State or local law that imposes more restrictive requirements, 
regulations, damages, costs, or penalties. No determination by the 
Postal Service that any particular piece of mail or class of mail is in 
compliance with such provisions of this title shall be construed to 
preempt any provision of State or local law.
    (b) Effect on State Court Proceedings.--Nothing contained in this 
section shall be construed to prohibit an authorized State official 
from proceeding in State court on the basis of an alleged violation of 
any general civil or criminal statute of such State or any specific 
civil or criminal statute of such State.

SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) References to Repealed Provisions.--Section 3001(a) of title 
39, United States Code, is amended by striking ``1714,'' and ``1718,''.
    (b) Conformance With Inspector General Act of 1978.--
            (1) In general.--Section 3013 of title 39, United States 
        Code, is amended--
                    (A) by striking ``Board'' each place it appears and 
                inserting ``Inspector General'';
                    (B) in the third sentence by striking ``Each such 
                report shall be submitted within sixty days after the 
                close of the reporting period involved'' and inserting 
                ``Each such report shall be submitted within 1 month 
                (or such shorter length of time as the Inspector 
                General may specify) after the close of the reporting 
                period involved''; and
                    (C) by striking the last sentence and inserting the 
                following:
``The information in a report submitted under this section to the 
Inspector General with respect to a reporting period shall be included 
as part of the semiannual report prepared by the Inspector General 
under section 5 of the Inspector General Act of 1978 for the same 
reporting period. Nothing in this section shall be considered to permit 
or require that any report by the Postmaster General under this section 
include any information relating to activities of the Inspector 
General.''.
            (2) Effective date.--This subsection shall take effect on 
        the date of the enactment of this Act, and the amendments made 
        by this subsection shall apply with respect to semiannual 
        reporting periods beginning on or after such date of enactment.
            (3) Savings provision.--For purposes of any semiannual 
        reporting period preceding the first semiannual reporting 
        period referred to in paragraph (2), the provisions of title 
        39, United States Code, shall continue to apply as if the 
        amendments made by this subsection had not been enacted.

SEC. 111. EFFECTIVE DATE.

    Except as provided in section 108 or 110(b), this title shall take 
effect 120 days after the date of the enactment of this Act.

         TITLE II--FEDERAL RESERVE BOARD RETIREMENT PORTABILITY

SEC. 201. SHORT TITLE.

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

SEC. 202. PORTABILITY OF SERVICE CREDIT.

    (a) Creditable Service.--
            (1) In general.--Section 8411(b) of title 5, United States 
        Code, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) in paragraph (4)--
                            (i) by striking ``of the preceding 
                        provisions'' and inserting ``other paragraph''; 
                        and
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) a period of service (other than any service under any 
        other paragraph of this subsection, any military service, and 
        any service performed in the employ of a Federal Reserve Bank) 
        that was creditable under the Bank Plan (as defined in 
        subsection (i)), if the employee waives credit for such service 
        under the Bank Plan and makes a payment to the Fund equal to 
        the amount that would have been deducted from pay under section 
        8422(a) had the employee been subject to this chapter during 
        such period of service (together with interest on such amount 
        computed under paragraphs (2) and (3) of section 8334(e)).
Paragraph (5) shall not apply in the case of any employee as to whom 
subsection (g) (or, to the extent subchapter III of chapter 83 is 
involved, section 8332(n)) otherwise applies.''.
            (2) Bank plan defined.--Section 8411 of title 5, United 
        States Code, is amended by adding at the end the following:
    ``(i) For purposes of subsection (b)(5), the term `Bank Plan' means 
the benefit structure in which employees of the Board of Governors of 
the Federal Reserve System appointed on or after January 1, 1984, 
participate, which benefit structure is a component of the Retirement 
Plan for Employees of the Federal Reserve System, established under 
section 10 of the Federal Reserve Act (and any redesignated or 
successor version of such benefit structure, if so identified in 
writing by the Board of Governors of the Federal Reserve System for 
purposes of this chapter).''.
    (b) Exclusion From Chapter 84.--
            (1) In general.--Paragraph (2) of section 8402(b) of title 
        5, United States Code, is amended by striking the matter before 
        subparagraph (B) and inserting the following:
            ``(2)(A) any employee or Member who has separated from the 
        service after--
                            ``(i) having been subject to--
                                    ``(I) subchapter III of chapter 83 
                                of this title;
                                    ``(II) subchapter I of chapter 8 of 
                                title I of the Foreign Service Act of 
                                1980; or
                                    ``(III) the benefit structure for 
                                employees of the Board of Governors of 
                                the Federal Reserve System appointed 
                                before January 1, 1984, that is a 
                                component of the Retirement Plan for 
                                Employees of the Federal Reserve 
                                System, established under section 10 of 
                                the Federal Reserve Act; and
                            ``(ii) having completed--
                                    ``(I) at least 5 years of civilian 
                                service creditable under subchapter III 
                                of chapter 83 of this title;
                                    ``(II) at least 5 years of civilian 
                                service creditable under subchapter I 
                                of chapter 8 of title I of the Foreign 
                                Service Act of 1980; or
                                    ``(III) at least 5 years of 
                                civilian service (other than any 
                                service performed in the employ of a 
                                Federal Reserve Bank) creditable under 
                                the benefit structure for employees of 
                                the Board of Governors of the Federal 
                                Reserve System appointed before January 
                                1, 1984, that is a component of the 
                                Retirement Plan for Employees of the 
                                Federal Reserve System, established 
                                under section 10 of the Federal Reserve 
                                Act,
                        determined without regard to any deposit or 
                        redeposit requirement under either such 
                        subchapter or under such benefit structure, or 
                        any requirement that the individual become 
                        subject to either such subchapter or to such 
                        benefit structure after performing the service 
                        involved; or''.
            (2) Exception.--Subsection (d) of section 8402 of title 5, 
        United States Code, is amended to read as follows:
    ``(d) Paragraph (2) of subsection (b) shall not apply to an 
individual who--
            ``(1) becomes subject to--
                    ``(A) subchapter II of chapter 8 of title I of the 
                Foreign Service Act of 1980 (relating to the Foreign 
                Service Pension System) pursuant to an election; or
                    ``(B) the benefit structure in which employees of 
                the Board of Governors of the Federal Reserve System 
                appointed on or after January 1, 1984, participate, 
                which benefit structure is a component of the 
                Retirement Plan for Employees of the Federal Reserve 
                System, established under section 10 of the Federal 
                Reserve Act (and any redesignated or successor version 
                of such benefit structure, if so identified in writing 
                by the Board of Governors of the Federal Reserve System 
                for purposes of this chapter); and
            ``(2) subsequently enters a position in which, but for 
        paragraph (2) of subsection (b), such individual would be 
        subject to this chapter.''.
    (c) Provisions Relating to Certain Former Employees.--A former 
employee of the Board of Governors of the Federal Reserve System who--
            (1) has at least 5 years of civilian service (other than 
        any service performed in the employ of a Federal Reserve Bank) 
        creditable under the benefit structure for employees of the 
        Board of Governors of the Federal Reserve System appointed 
        before January 1, 1984, that is a component of the Retirement 
        Plan for Employees of the Federal Reserve System, established 
        under section 10 of the Federal Reserve Act;
            (2) was subsequently employed subject to the benefit 
        structure in which employees of the Board of Governors of the 
        Federal Reserve System appointed on or after January 1, 1984, 
        participate, which benefit structure is a component of the 
        Retirement Plan for Employees of the Federal Reserve System, 
        established under section 10 of the Federal Reserve Act (and 
        any redesignated or successor version of such benefit 
        structure, if so identified in writing by the Board of 
        Governors of the Federal Reserve System for purposes of chapter 
        84 of title 5, United States Code); and
            (3) after service described in paragraph (2), becomes 
        subject to and thereafter entitled to benefits under chapter 84 
        of title 5, United States Code,
shall, for purposes of section 302 of the Federal Employees' Retirement 
System Act of 1986 (100 Stat. 601; 5 U.S.C. 8331 note) be considered to 
have become subject to chapter 84 of title 5, United States Code, 
pursuant to an election under section 301 of such Act.
    (d) Effective Date.--
            (1) In general.--Subject to succeeding provisions of this 
        subsection, this section and the amendments made by this 
        section shall take effect on the date of the enactment of this 
        Act.
            (2) Provisions relating to creditability and certain former 
        employees.--The amendments made by subsection (a) and the 
        provisions of subsection (c) shall apply only to individuals 
        who separate from service subject to chapter 84 of title 5, 
        United States Code, on or after the date of the enactment of 
        this Act.
            (3) Provisions relating to exclusion from chapter.--The 
        amendments made by subsection (b) shall not apply to any former 
        employee of the Board of Governors of the Federal Reserve 
        System who, subsequent to his or her last period of service as 
        an employee of the Board of Governors of the Federal Reserve 
        System and prior to the date of the enactment of this Act, 
        became subject to subchapter III of chapter 83 or chapter 84 of 
        title 5, United States Code, under the law in effect at the 
        time of the individual's appointment.

SEC. 203. CERTAIN TRANSFERS TO BE TREATED AS A SEPARATION FROM SERVICE 
              FOR PURPOSES OF THE THRIFT SAVINGS PLAN.

    (a) Amendments to Chapter 84 of Title 5, United States Code.--
            (1) In general.--Subchapter III of chapter 84 of title 5, 
        United States Code, is amended by inserting before section 8432 
        the following:
``Sec. 8431. Certain transfers to be treated as a separation
    ``(a) For purposes of this subchapter, separation from Government 
employment includes a transfer from a position that is subject to one 
of the retirement systems described in subsection (b) to a position 
that is not subject to any of them.
    ``(b) The retirement systems described in this subsection are--
            ``(1) the retirement system under this chapter;
            ``(2) the retirement system under subchapter III of chapter 
        83; and
            ``(3) any other retirement system under which individuals 
        may contribute to the Thrift Savings Fund through withholdings 
        from pay.''.
            (2) Clerical amendment.--The table of sections for chapter 
        84 of title 5, United States Code, is amended by inserting 
        before the item relating to section 8432 the following:

``8431. Certain transfers to be treated as a separation.''.
    (b) Conforming Amendments.--Subsection (b) of section 8351 of title 
5, United States Code, is amended by redesignating paragraph (11) as 
paragraph (8), and by adding at the end the following:
            ``(9) For the purpose of this section, separation from 
        Government employment includes a transfer described in section 
        8431.''.
    (c) 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 5, United States Code) may 
prescribe any regulations necessary to carry out this subsection.

SEC. 204. CLARIFYING AMENDMENTS.

    (a) In General.--Subsection (f) of section 3304 of title 5, United 
States Code, as added by section 2 of Public Law 105-339, is amended--
            (1) by striking paragraph (4);
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (3) by inserting after paragraph (1) the following:
    ``(2) If selected, a preference eligible or veteran described in 
paragraph (1) shall acquire competitive status and shall receive a 
career or career-conditional appointment, as appropriate.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if enacted on October 31, 1998.

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

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

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

                                                                          Clerk.