[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 335 Enrolled Bill (ENR)]

        S.335

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
   the sixth day of January, one thousand nine hundred and ninety-nine


                                 An Act


 
To amend chapter 30 of title 39, United States Code, to provide for the 
  nonmailability of certain deceptive matter relating to sweepstakes, 
skill contests, facsimile checks, administrative procedures, orders, and 
    civil penalties relating to such matter, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:
Sec. 1. Table of contents.

           TITLE I--DECEPTIVE MAIL PREVENTION AND ENFORCEMENT

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

         TITLE II--FEDERAL RESERVE BOARD RETIREMENT PORTABILITY

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

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

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

           TITLE I--DECEPTIVE MAIL PREVENTION AND ENFORCEMENT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Deceptive Mail Prevention and 
Enforcement Act''.
    SEC. 102. RESTRICTIONS ON MAILINGS USING MISLEADING REFERENCES TO 
      THE UNITED STATES GOVERNMENT.
    Section 3001 of title 39, United States Code, is amended--
        (1) in subsection (h)--
            (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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.