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Pub.L. 106-169 To amend part E of title IV of the Social Security Act to provide States ...


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[[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:

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