(Sec.102) Declares nonmailable any matter otherwise legally acceptable in the mails if it constitutes a solicitation for the purchase of any product that is provided by and may be obtained without cost from the Federal Government, but does not contain a statement giving notice of such information.
(Sec. 103) Prescribes mailability restrictions and disclosure requirements for sweepstakes, skill contests, and facsimile checks.
Exempts from such restrictions and requirements any matter containing a facsimile check, skill contest, or sweepstakes that appears in a magazine, newspaper, or other periodical if the matter: (1) is not directed to a named individual; or (2) does not include an opportunity to make a payment or order a product or service.
Requires persons who use the mails for any matter containing sweepstakes, skill contests, facsimile checks, or specified related material to adopt reasonable practices and procedures to prevent the mailing of such matter to persons who submit written requests to the mailer or to the attorney general of the appropriate State (who then transmits the request to the mailer) that such materials should not be mailed to them. Requires persons who mail matter to which nonmailability restrictions apply to maintain or cause to be maintained records of all such requests that permit the suppression of the names of such requesters for a five-year period beginning on the date of the written requests.
(Sec. 104) Makes postal law sanctions involving false representations and lotteries applicable to deceptive mailings under this Act.
(Sec. 105) Allows the Postal Service to apply for a temporary restraining order and preliminary injunctions in the preparation for or during the pendency of proceedings concerning deceptive mailings.
Repeals Federal law provisions declaring it unlawful for any person to obtain or attempt to obtain remittances of money or property of any kind through the mail for an obscene, lewd, lascivious, indecent, filthy, or vile thing or to deposit or cause to be deposited in the mail information as to where, how, or from whom such a thing may be obtained.
(Sec. 106) Increases civil penalties for violation of current postal law sanctions and establishes civil penalties for violation of this Act.
(Sec. 107) Authorizes the use of administrative subpoenas by the Postmaster General, in accordance with procedures established by the Postal Service, in any investigation involving nonmailable matter. Requires such procedures to require: (1) opening of a specific case with an identified individual or entity before a subpoena is requested; (2) supervisory and legal review of the request; and (3) limitation of subpoena approval authority to the Postal Service General Counsel or Deputy General Counsel. Requires the Postmaster General to report semiannually to the Board of Governors on the number of cases in which such authority was used, and a comprehensive statement describing how.
(Sec. 108) Requires a promoter who originates and mails or causes to be mailed any skill contest or sweepstakes (except those not directed to a named individual, or that do not include an opportunity to make a payment or order a product or service) to: (1) include with each mailing a clearly and conspicuously displayed statement which includes the address or toll-free telephone number of the notification system established under this Act and states that such system may be used to prohibit the mailing of any skill contest or sweepstakes by that promoter to such individual; and (2) establish and maintain a notification system that provides for an individual or other duly authorized person to notify the system of the individual's election to have his or her name and address excluded from all lists of names and addresses used by that promoter to mail such material.
Declares nonmailable any skill contest or sweepstakes otherwise legally acceptable in the mails that is addressed to an individual who made an election to be excluded from the promoter's list.
Authorizes an individual to bring an action for injunctive relief or damages, or both, in an appropriate State court against a promoter if such individual continues to receive such a mailing after requesting that his or her name be removed from the promoter's list.
Prohibits the commercial use of any list of names and addresses compiled from individuals who exercise an election to be excluded from such list.
Establishes civil penalties for: (1) persons who violate the prohibition; and (2) promoters who recklessly mail such nonmailable matter or fail to comply substantially with the notification system requirements.
Title II: Federal Reserve Board Retirement Portability - Federal Reserve Board Retirement Portability Act - Includes as creditable service of a Federal employee or Member of Congress for purposes of Federal Employees Retirement System (FERS) provisions a period of service (other than any service already creditable under FERS, any military service, and any service performed in the employ of a Federal Reserve Bank) that was creditable under the Bank Plan (the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate), if the employee waives credit for such service under the Bank Plan and makes a payment to the Thrift Savings Fund equal to the amount that would have been deducted from pay had the employee been subject to FERS during such period of service (together with interest on such amount computed).
(Sec. 202) Excludes from participation in FERS any employee or Member who has separated from civilian service after having been subject to the benefit structure for employees of the Board appointed before January 1, 1984, and having at least five years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under such benefit structure, except for such persons who subsequently enter a position subject to FERS provisions.
Makes the amendments regarding creditability and certain former Board employees applicable only to individuals who separate from service subject to FERS on or after the date of enactment of this Act.
(Sec. 203) Treats as a separation from Government employment, for purposes of the Thrift Savings Plan, any transfer from a position that is subject to FERS, the Civil Service Retirement System (CSRS), or any other retirement system under which individuals may contribute to the Thrift Savings Fund through withholdings from pay, to a position that is not subject to any of them.
(Sec. 204) Amends competitive service examination provisions to: (1) repeal the requirement that the Office of Personnel Management establish an appointing authority to appoint preference eligibles and veterans who have been separated from the armed forces under honorable conditions after three or more years of active service; and (2) require such a preference eligible or veteran, if selected, to acquire competitive status and receive a career or career-conditional appointment.
Title III: Amendment to the Federal Property and Administrative Services Act of 1949 - Amends the Federal Property and Administrative Services Act of 1949 to extend until July 31, 2000, certain authority to transfer surplus Government property required for correctional facility use as needed by States, localities, and territories for law enforcement or emergency management response purposes.
(Sec. 301) Prohibits the Administrator, beginning January 1, 2000, and ending July 31, 2000, from conveying any such property required for such use as needed by States, localities, and territories for the care or rehabilitation of criminal offenders. Allows the Administrator, however, during such period, to accept, consider, and approve applications for the transfer of such property for such purposes.
[106th Congress Public Law 168]
[From the U.S. Government Publishing Office]
<DOC>
[DOCID: f:publ168.106]
[[Page 1805]]
DECEPTIVE MAIL PREVENTION AND ENFORCEMENT
[[Page 113 STAT. 1806]]
Public Law 106-168
106th Congress
An Act
To amend chapter 30 of title 39, United States Code, to provide for the
nonmailability of certain <<NOTE: Dec. 12, 1999 - [S. 335]>> 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 <<NOTE: Deceptive Mail Prevention and Enforcement
Act.>> MAIL PREVENTION AND ENFORCEMENT
SEC. 101. SHORT <<NOTE: 39 USC 3001 note.>> 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)--
[[Page 113 STAT. 1807]]
(A) in the first sentence by striking ``contains a
seal, insignia, trade or brand name, or any other term
or symbol that reasonably could be interpreted or
construed as implying any Federal Government connection,
approval or endorsement'' and inserting the following:
``which 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:
[[Page 113 STAT. 1808]]
``(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;
[[Page 113 STAT. 1809]]
``(V) does not contain sweepstakes rules that state--
``(aa) the estimated odds of winning each prize;
``(bb) the quantity, estimated retail value, and
nature of each prize; and
``(cc) the schedule of any payments made over time;
``(VI) represents that individuals not purchasing products
or services may be disqualified from receiving future
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.
[[Page 113 STAT. 1810]]
``(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
[[Page 113 STAT. 1811]]
mail, which is the subject of the proceedings under section
3005.
``(B) A proper showing under this paragraph shall require proof of a
likelihood of success on the merits of the proceedings under section
3005.
``(3) Mail detained under paragraph (2) shall--
``(A) be made available at the post office of mailing or
delivery for examination by the defendant in the presence of a
postal employee; and
``(B) be delivered as addressed if such mail is not clearly
shown to be the subject of proceedings under section 3005.
``(4) No finding of the defendant's intent to make a false
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,
[[Page 113 STAT. 1812]]
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.
[[Page 113 STAT. 1813]]
``(3) Service on business persons.--Service of any such
subpoena may be made upon a partnership, corporation,
association, or other legal entity by--
``(A) delivering a duly executed copy thereof to any
partner, executive officer, managing agent, or general
agent thereof, or to any agent thereof authorized by
appointment or by law to receive service of process on
behalf of such partnership, corporation, association, or
entity;
``(B) delivering a duly executed copy thereof to the
principal office or place of business of the
partnership, corporation, association, or entity; or
``(C) depositing such copy in the United States
mails, by registered or certified mail, return receipt
requested, duly addressed to such partnership,
corporation, 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 <<NOTE: Deadline. 39 USC 3016 note.>> 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:
[[Page 113 STAT. 1814]]
``(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
[[Page 113 STAT. 1815]]
``(C) states that the notification system may be
used to prohibit the mailing of all skill contests or
sweepstakes by that promoter to such individual.
``(2) Notification system.--Any promoter that mails or
causes to be mailed a skill contest or sweepstakes shall
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 <<NOTE: Deadline.>> 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
[[Page 113 STAT. 1816]]
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 <<NOTE: 39 USC 3017 note.>> Date.--This section shall
take effect 1 year after the date of the enactment of this Act.
SEC. 109. <<NOTE: 39 USC 3001 note.>> 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.
[[Page 113 STAT. 1817]]
SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS.
(a) References to Repealed Provisions.--Section 3001(a) of title 39,
United States Code, is amended by striking ``1714,'' and ``1718,''.
(b) Conformance With Inspector General Act of 1978.--
(1) In general.--Section 3013 of title 39, United States
Code, is amended--
(A) by striking ``Board'' each place it appears and
inserting ``Inspector General'';
(B) in the third sentence by striking ``Each such
report shall be submitted within sixty days after the
close of the reporting period involved'' and inserting
``Each such report shall be submitted within 1 month (or
such shorter length of time as the Inspector General may
specify) after the close of the reporting period
involved''; and
(C) by striking the last sentence and inserting the
following:
``The information in a report submitted under this section to the
Inspector General with respect to a reporting period shall be included
as part of the semiannual report prepared by the Inspector General under
section 5 of the Inspector General Act of 1978 for the same reporting
period. Nothing in this section shall be considered to permit or require
that any report by the Postmaster General under this section include any
information relating to activities of the Inspector General.''.
(2) Effective <<NOTE: 39 USC 3013 note.>> 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) <<NOTE: 39 USC 3013 note.>> 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. <<NOTE: 39 USC 3001 note.>> 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 <<NOTE: Federal Reserve Board Retirement Portability
Act.>> RESERVE BOARD RETIREMENT PORTABILITY
SEC. 201. <<NOTE: 5 USC 8401 note.>> 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
[[Page 113 STAT. 1818]]
(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,
[[Page 113 STAT. 1819]]
determined without regard to any deposit or redeposit
requirement under either such subchapter or under such
benefit structure, or any requirement that the
individual become subject to either such subchapter or
to such benefit structure after performing the service
involved; or''.
(2) Exception.--Subsection (d) of section 8402 of title 5,
United States Code, is amended to read as follows:
``(d) Paragraph (2) of subsection (b) shall not apply to an
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) <<NOTE: 5 USC 8402 note.>> 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) <<NOTE: 5 USC 8402 note.>> Effective Date.--
(1) In general.--Subject to succeeding provisions of this
subsection, this section and the amendments made by this
[[Page 113 STAT. 1820]]
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) <<NOTE: 5 USC 8431 note.>> 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
[[Page 113 STAT. 1821]]
5, United States Code) may prescribe any regulations necessary to carry
out this subsection.
SEC. 204. CLARIFYING AMENDMENTS.
(a) In General.--Subsection (f) of section 3304 of title 5, United
States Code, as added by section 2 of Public Law 105-339, is amended--
(1) by striking paragraph (4);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1) the following:
``(2) If selected, a preference eligible or veteran described in
paragraph (1) shall acquire competitive status and shall receive a
career or career-conditional appointment, as appropriate.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if enacted on October 31, 1998.
TITLE III--AMENDMENT TO THE 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.''.
Approved December 12, 1999.
LEGISLATIVE HISTORY--S. 335 (H.R. 170):
---------------------------------------------------------------------------
HOUSE REPORTS: No. 106-431 accompanying H.R. 170 (Comm. on Government
Reform).
SENATE REPORTS: No. 106-102 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 145 (1999):
Aug. 2, considered and passed Senate.
Nov. 9, considered and passed House, amended.
Nov. 19, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
Dec. 12, Presidential statement.
<all>
Received in the House.
Message on Senate action sent to the House.
Referred to the House Committee on Government Reform.
Referred to the Subcommittee on Postal Service.
Mr. McHugh moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H11818-11825)
DEBATE - The House proceeded with forty minutes of debate on S. 335.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H11818-11822)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H11818-11822)
Motion to reconsider laid on the table Agreed to without objection.
Message on House action received in Senate and at desk: House amendment to Senate bill.
Resolving differences -- Senate actions: Senate agreed to House amendment to the Senate bill by Unanimous Consent.(consideration: CR S14856-14863; text: CR S14856-14860)
Enacted as Public Law 106-168
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Senate agreed to House amendment to the Senate bill by Unanimous Consent. (consideration: CR S14856-14863; text: CR S14856-14860)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 106-168.
Became Public Law No: 106-168.