[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,

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The table of contents for this Act is as follows:

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TITLE I

-DECEPTIVE MAIL PREVENTION AND ENFORCEMENT

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TITLE II

-FEDERAL RESERVE BOARD RETIREMENT PORTABILITY

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

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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).''.

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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.''.

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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.

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(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''.

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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.''.

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(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.''.

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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.

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(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.

8b6ff911ea9bf65539a08d00f916f48b2971cc6028b0a689111379f36ecb31b0

(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.

0d30b686ce12e47664b1a09f10c985fee5935f5e7f5ca1c58a9d61e1277bbe29

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.

eae2afb7994e8a0926af6f60e9da174b95c2c968086ddf092e86eed303b29ea5

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

d59da29590063a99159f68453af291c1e93a1eccd56f9a173ccabeef9996a38c

(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.

c7dee3c2a3264819fb02f373ae98314849b25516379918f3d996775987a0ecd1

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.

cb8345bec0f903258bbd498c4802524a51af9b6888644e8709d76eb93712abe7

(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.
SERVICES ACT OF 1949

7857b8ba691e43562a3dc4fa677d88e188402f3823b0cc5cc54281b98190d55a

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.

a1a1919bacfe60685cde149750769c99e46e87b127c70145eee16eefc2ca2b2b

Deceptive Mail Prevention and Enforcement Act

Other Sections

TITLE I

TITLE II

TITLE III

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