[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5788 Reported in House (RH)]
<DOC>
Union Calendar No. 557
115th CONGRESS
2d Session
H. R. 5788
[Report No. 115-722, Part I]
To provide for the processing by U.S. Customs and Border Protection of
certain international mail shipments and to require the provision of
advance electronic information on international mail shipments of mail,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2018
Mr. Bishop of Michigan (for himself, Mr. Pascrell, Mr. Reichert, and
Mr. Kelly of Pennsylvania) introduced the following bill; which was
referred to the Committee on Ways and Means, and in addition to the
Committees on Oversight and Government Reform, and Homeland Security,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
June 8, 2018
Reported from the Committee on Ways and Means with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
June 8, 2018
Referral to the Committee on Oversight and Government Reform extended
for a period ending not later than June 11, 2018
June 8, 2018
The Committee on Homeland Security discharged
June 11, 2018
Additional sponsors: Mr. Sessions, Mr. Hill, and Mr. Faso
June 11, 2018
The Committee on Oversight and Government Reform discharged; committed
to the Committee of the Whole House on the State of the Union and
ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 15,
2018]
_______________________________________________________________________
A BILL
To provide for the processing by U.S. Customs and Border Protection of
certain international mail shipments and to require the provision of
advance electronic information on international mail shipments of mail,
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. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Securing the
International Mail Against Opioids Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Customs fees.
Sec. 3. Mandatory advance electronic information for postal shipments.
Sec. 4. International postal agreements.
Sec. 5. Cost recoupment.
Sec. 6. Development of technology to detect illicit narcotics.
Sec. 7. Effective date; regulations.
SEC. 2. CUSTOMS FEES.
(a) In General.--Section 13031(b)(9) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)) is amended by
adding at the end the following:
``(D)(i) With respect to the processing of items that are
sent to the United States through the international postal
network by `Inbound Express Mail service' or `Inbound EMS' (as
that service is described in the mail classification schedule
referred to in section 3631 of title 39, United States Code),
the following payments are required:
``(I) $1 per Inbound EMS item.
``(II) If an Inbound EMS item is formally entered,
the fee provided for under subsection (a)(9), if
applicable.
``(ii) Notwithstanding section 451 of the Tariff Act of
1930 (19 U.S.C. 1451), the payments required by clause (i), as
allocated pursuant to clause (iii)(I), shall be the only
payments required for reimbursement of U.S. Customs and Border
Protection for customs services provided in connection with the
processing of an Inbound EMS item.
``(iii)(I) The payments required by clause (i) shall be
allocated as follows:
``(aa) 50 percent of the amount of the payments
shall be paid on a quarterly basis by the United States
Postal Service to the Commissioner of U.S. Customs and
Border Protection in accordance with regulations
prescribed by the Secretary of the Treasury to
reimburse U.S. Customs and Border Protection for
customs services provided in connection with the
processing of Inbound EMS items.
``(bb) 50 percent of the amount of the payments
shall be retained by the Postal Service to reimburse
the Postal Service for services provided in connection
with the customs processing of Inbound EMS items.
``(II) Payments received by U.S. Customs and Border
Protection under subclause (I)(aa) shall, in accordance with
section 524 of the Tariff Act of 1930 (19 U.S.C. 1524), be
deposited in the Customs User Fee Account and used to directly
reimburse each appropriation for the amount paid out of that
appropriation for the costs incurred in providing services to
international mail facilities. Amounts deposited in accordance
with the preceding sentence shall be available until expended
for the provision of such services.
``(III) Payments retained by the Postal Service under
subclause (I)(bb) shall be used to directly reimburse the
Postal Service for the costs incurred in providing services in
connection with the customs processing of Inbound EMS items.
``(iv) Beginning in fiscal year 2021, the Secretary, in
consultation with the Postmaster General, may adjust, not more
frequently than once each fiscal year, the amount described in
clause (i)(I) to an amount commensurate with the costs of
services provided in connection with the customs processing of
Inbound EMS items, consistent with the obligations of the
United States under international agreements.''.
(b) Conforming Amendments.--Section 13031(a) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)) is
amended--
(1) in paragraph (6), by inserting ``(other than an item
subject to a fee under subsection (b)(9)(D))'' after ``customs
officer''; and
(2) in paragraph (10)--
(A) in subparagraph (C), in the matter preceding
clause (i), by inserting ``(other than Inbound EMS
items described in subsection (b)(9)(D))'' after
``release''; and
(B) in the flush at the end, by inserting ``or of
Inbound EMS items described in subsection (b)(9)(D),''
after ``(C),''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2020.
SEC. 3. MANDATORY ADVANCE ELECTRONIC INFORMATION FOR POSTAL SHIPMENTS.
(a) Mandatory Advance Electronic Information.--
(1) In general.--Section 343(a)(3)(K) of the Trade Act of
2002 (Public Law 107-210; 19 U.S.C. 2071 note) is amended to
read as follows:
``(K)(i) The Secretary, with the concurrence of the
Secretary of State, shall prescribe regulations
requiring the United States Postal Service to transmit
the information described in paragraphs (1) and (2) to
the Commissioner of U.S. Customs and Border Protection
for international mail shipments by the Postal Service
(including shipments to the Postal Service from foreign
postal operators that are transported by private
carrier) consistent with the requirements of this
subparagraph.
``(ii) In prescribing regulations under clause (i),
the Secretary shall impose requirements for the
transmission to the Commissioner of information
described in paragraphs (1) and (2) for mail shipments
described in clause (i) that are comparable to the
requirements for the transmission of such information
imposed on similar non-mail shipments of cargo, taking
into account the parameters set forth in subparagraphs
(A) through (J).
``(iii) The regulations prescribed under clause (i)
shall require the transmission of the information
described in paragraphs (1) and (2) with respect to a
shipment as soon as practicable in relation to the
transportation of the shipment, consistent with
subparagraph (H).
``(iv) Regulations prescribed under clause (i)
shall allow for the requirements for the transmission
to the Commissioner of information described in
paragraphs (1) and (2) for mail shipments described in
clause (i) to be implemented in phases, as appropriate,
by--
``(I) setting incremental targets for
increasing the percentage of such shipments for
which information is required to be transmitted
to the Commissioner; and
``(II) taking into consideration--
``(aa) the risk posed by such
shipments;
``(bb) the volume of mail shipped
to the United States by or through a
particular country; and
``(cc) the capacities of foreign
postal operators to provide that
information to the Postal Service.
``(v)(I) Notwithstanding clause (iv) and except as
provided in subclause (II), the Postal Service shall,
not later than December 31, 2018, arrange for the
transmission to the Commissioner of the information
described in paragraphs (1) and (2) for not less than
70 percent of the aggregate number of mail shipments
described in clause (i).
``(II)(aa) The requirements of subclause (I) may be
waived for a period of not more than 180 days if, not
later than December 31, 2018--
``(AA) the Secretary and the Postmaster
General, with the concurrence of the Secretary
of State, determine that meeting those
requirements is not feasible because of the
lack of capacity of foreign postal operators to
provide the Postal Service with the information
described in paragraphs (1) and (2);
``(BB) the Secretary and the Postmaster
General, with the concurrence of the Secretary
of State, determine that meeting those
requirements is not feasible because of
extraordinary reasons other than lack of
capacity of foreign postal operators that are
outside the control of the Postal Service; or
``(CC) the Secretary of State determines
that such a waiver is in the national security
interests of the United States.
``(bb) A waiver under item (aa) may be renewed for
one additional period of not more than 180 days if a
determination described in item (aa) is made for that
period.
``(III) If the requirements of subclause (I) are
not met, the Comptroller General of the United States
shall submit to the appropriate congressional
committees, not later than January 31, 2020, a report--
``(aa) assessing the reasons for the
failure to meet those requirements; and
``(bb) identifying recommendations to
improve the collection by the Postal Service of
the information described in paragraphs (1) and
(2).
``(vi)(I) Notwithstanding clause (iv) and except as
provided in subclause (II), the Postal Service shall,
not later than December 31, 2022, arrange for the
transmission to the Commissioner of the information
described in paragraphs (1) and (2) for not less than
95 percent of the aggregate number of mail shipments
described in clause (i).
``(II) The requirements of subclause (I) may be
waived for a period of not more than one year if, not
later than December 31, 2022--
``(aa) the Secretary and the Postmaster
General, with the concurrence of the Secretary
of State, determine that meeting those
requirements is not feasible because of--
``(AA) the lack of capacity of
foreign postal operators to provide the
Postal Service with the information
described in paragraphs (1) and (2); or
``(BB) extraordinary reasons other
than lack of capacity of foreign postal
operators that are outside the control
of the Postal Service; or
``(bb) the Secretary of State determines
that such a waiver is in the national security
interests of the United States.
``(vii) Not later than 15 days before making a
determination under clause (v) or (vi) that meeting the
requirements of that clause is not feasible, the
Secretary and the Postmaster General shall submit to
the appropriate congressional committees a notification
of the determination. The notification shall include--
``(I) in the case of a determination under
clause (v)(II)(aa)(AA) or (vi)(II)(aa)(AA)--
``(aa) a list of which foreign
postal operators lack the capacity to
provide the information described in
paragraphs (1) and (2) to the Postal
Service;
``(bb) a description of the efforts
by the Postal Service made to obtain
that information from those operators;
and
``(cc) a plan for obtaining that
information from those operators; and
``(II) in the case of a determination under
clause (v)(II)(aa)(BB) or (vi)(II)(aa)(BB)--
``(aa) a description of the
extraordinary reasons outside the
control of the Postal Service; and
``(bb) a plan for obtaining the
transmission of information described
in paragraphs (1) and (2) as required
by clause (v) or (vi), as applicable.
``(viii) The Secretary and the Postmaster General
may, in consultation with the Secretary of State, as
necessary, take all appropriate remedial measures
necessary to ensure compliance with regulations
prescribed under clause (i) and consistent with the
obligations of the United States under international
agreements, including refusal of shipments for which
the information described in paragraphs (1) and (2) is
not transmitted as required under this subparagraph.
``(ix) Nothing in this subparagraph shall be
construed to limit the authority of the Secretary to
obtain information relating to international mail
shipments from private carriers or other appropriate
parties.
``(x) In this subparagraph, the term `appropriate
congressional committees' means--
``(I) the Committee on Finance and the
Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(II) the Committee on Ways and Means and
the Committee on Oversight and Government
Reform of the House of Representatives.''.
(2) Joint strategic plan on mandatory advance
information.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Homeland Security and
the Postmaster General shall develop and submit to the
appropriate congressional committees a joint strategic plan
detailing specific performance measures for achieving--
(A) the transmission of information as required by
section 343(a)(3)(K) of the Trade Act of 2002, as
amended by paragraph (1); and
(B) the presentation by the Postal Service to U.S.
Customs and Border Protection of all mail targeted by
U.S. Customs and Border Protection for inspection.
(b) Capacity Building.--
(1) In general.--Section 343(a) of the Trade Act of 2002
(Public Law 107-210; 19 U.S.C. 2071 note) is amended by adding
at the end the following:
``(5) Capacity building.--
``(A) In general.--The Secretary, with the
concurrence of the Secretary of State, and in
coordination with the Postmaster General and the heads
of other Federal agencies, as appropriate, may provide
technical assistance, equipment, technology, and
training to enhance the capacity of foreign postal
operators--
``(i) to gather and provide the information
required by paragraph (3)(K); and
``(ii) to otherwise gather and provide
postal shipment information related to--
``(I) terrorism;
``(II) items the importation or
introduction of which into the United
States is prohibited or restricted,
including controlled substances; and
``(III) such other concerns as the
Secretary determines appropriate.
``(B) Provision of equipment and technology.--With
respect to the provision of equipment and technology
under subparagraph (A), the Secretary may lease, loan,
provide, or otherwise assist in the deployment of such
equipment and technology under such terms and
conditions as the Secretary may prescribe, including
nonreimbursable loans or the transfer of ownership of
equipment and technology.''.
(2) Joint strategic plan on capacity building.--Not later
than one year after the date of the enactment of this Act, the
Secretary of Homeland Security and the Postmaster General
shall, in consultation with the Secretary of State, jointly
develop and submit to the appropriate congressional committees
a joint strategic plan--
(A) detailing the extent to which U.S. Customs and
Border Protection and the United States Postal Service
are engaged in capacity building efforts under section
343(a)(5) of the Trade Act of 2002, as added by
paragraph (1);
(B) describing plans for future capacity building
efforts; and
(C) assessing how capacity building has increased
the ability of U.S. Customs and Border Protection and
the Postal Service to advance the goals of this Act and
the amendments made by this Act.
(c) Report and Consultations by Secretary of Homeland Security and
Postmaster General.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter until 3 years
after the Postmaster General has met the requirement under
clause (vi) of subparagraph (K) of section 343(a)(3) of the
Trade Act of 2002, as amended by subsection (a)(1), the
Secretary of Homeland Security and the Postmaster General
shall, in consultation with the Secretary of State, jointly
submit to the appropriate congressional committees a report on
compliance with that subparagraph that includes the following:
(A) An assessment of the status of the regulations
required to be promulgated under that subparagraph.
(B) An update regarding new and existing agreements
reached with foreign postal operators for the
transmission of the information required by that
subparagraph.
(C) A summary of deliberations between the United
States Postal Service and foreign postal operators with
respect to issues relating to the transmission of that
information.
(D) A summary of the progress made in achieving the
transmission of that information for the percentage of
shipments required by that subparagraph.
(E) An assessment of the quality of that
information being received by foreign postal operators,
as determined by the Secretary of Homeland Security,
and actions taken to improve the quality of that
information.
(F) A summary of policies established by the
Universal Postal Union that may affect the ability of
the Postmaster General to obtain the transmission of
that information.
(G) A summary of the use of technology to detect
illicit synthetic opioids and other illegal substances
in international mail parcels and planned acquisitions
and advancements in such technology.
(H) Such other information as the Secretary of
Homeland Security and the Postmaster General consider
appropriate with respect to obtaining the transmission
of information required by that subparagraph.
(2) Consultations.--Not later than 180 days after the date
of the enactment of this Act, and every 180 days thereafter
until the Postmaster General has met the requirement under
clause (vi) of section 343(a)(3)(K) of the Trade Act of 2002,
as amended by subsection (a)(1), to arrange for the
transmission of information with respect to not less than 95
percent of the aggregate number of mail shipments described in
clause (i) of that section, the Secretary of Homeland Security
and the Postmaster General shall provide briefings to the
appropriate congressional committees on the progress made in
achieving the transmission of that information for that
percentage of shipments.
(d) Government Accountability Office Report.--Not later than
December 31, 2020, the Comptroller General of the United States shall
submit to the appropriate congressional committees a report--
(1) assessing the progress of the United States Postal
Service in achieving the transmission of the information
required by subparagraph (K) of section 343(a)(3) of the Trade
Act of 2002, as amended by subsection (a)(1), for the
percentage of shipments required by that subparagraph;
(2) assessing the quality of the information received from
foreign postal operators for targeting purposes;
(3) assessing the specific percentage of targeted mail
presented by the Postal Service to U.S. Customs and Border
Protection for inspection;
(4) describing the costs of collecting the information
required by such subparagraph (K) from foreign postal operators
and the costs of implementing the use of that information;
(5) assessing the benefits of receiving that information
with respect to international mail shipments;
(6) assessing the feasibility of assessing a customs fee
under section 13031(b)(9) of the Consolidated Omnibus Budget
Reconciliation Act of 1985, as amended by section 2, on
international mail shipments other than Inbound Express Mail
service in a manner consistent with the obligations of the
United States under international agreements; and
(7) identifying recommendations, including recommendations
for legislation, to improve the compliance of the Postal
Service with such subparagraph (K), including an assessment of
whether the detection of illicit synthetic opioids in the
international mail would be improved by--
(A) requiring the Postal Service to serve as the
consignee for international mail shipments containing
goods; or
(B) designating a customs broker to act as an
importer of record for international mail shipments
containing goods.
(e) Technical Correction.--Section 343 of the Trade Act of 2002
(Public Law 107-210; 19 U.S.C. 2071 note) is amended in the section
heading by striking ``advanced'' and inserting ``advance''.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Finance and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
(2) the Committee on Ways and Means and the Committee on
Oversight and Government Reform of the House of
Representatives.
SEC. 4. INTERNATIONAL POSTAL AGREEMENTS.
(a) Existing Agreements.--Any regulations prescribed under section
343(a)(3)(K) of the Trade Act of 2002, as amended by section 3(a)(1),
shall be consistent with the obligations of the United States under
international agreements.
(b) Future Agreements.--
(1) Consultations.--Before entering into, on or after the
date of the enactment of this Act, any postal treaty,
convention, or other international agreement related to
international postal services, or any amendment to such an
agreement, that could restrict the ability of the United States
to secure the provision of advance electronic information by
foreign postal operators, the Secretary of State should consult
with the appropriate congressional committees (as defined in
section 3(f)).
(2) Expedited negotiation of new agreement.--To the extent
that any new postal treaty, convention, or other international
agreement related to international postal services is necessary
to secure the provision of advance electronic information by
foreign postal operators as required by regulations prescribed
under section 343(a)(3)(K) of the Trade Act of 2002, as amended
by section 3(a)(1), the Secretary of State should expeditiously
conclude such an agreement.
SEC. 5. COST RECOUPMENT.
(a) In General.--The United States Postal Service shall, to the
extent practicable and otherwise recoverable by law, ensure that all
costs associated with complying with this Act and amendments made by
this Act are charged directly to foreign shippers or foreign postal
operators.
(b) Costs Not Considered Revenue.--The recovery of costs under
subsection (a) shall not be deemed revenue for purposes of subchapter I
and II of chapter 36 of title 39, United States Code, or regulations
prescribed under that chapter.
SEC. 6. DEVELOPMENT OF TECHNOLOGY TO DETECT ILLICIT NARCOTICS.
(a) In General.--The Postmaster General and the Commissioner of
U.S. Customs and Border Protection, in coordination with the heads of
other agencies as appropriate, shall collaborate to identify and
develop technology for the detection of illicit fentanyl, other
synthetic opioids, and other narcotics and psychoactive substances
entering the United States by mail.
(b) Outreach to Private Sector.--The Postmaster General and the
Commissioner shall conduct outreach to private sector entities to
gather information regarding the current state of technology to
identify areas for innovation relating to the detection of illicit
fentanyl, other synthetic opioids, and other narcotics and psychoactive
substances entering the United States.
SEC. 7. EFFECTIVE DATE; REGULATIONS.
(a) Effective Date.--This Act and the amendments made by this Act
(other than the amendments made by section 2) shall take effect on the
date of the enactment of this Act.
(b) Regulations.--Not later than one year after the date of the
enactment of this Act, such regulations as are necessary to carry out
this Act and the amendments made by this Act shall be prescribed.
Union Calendar No. 557
115th CONGRESS
2d Session
H. R. 5788
[Report No. 115-722, Part I]
_______________________________________________________________________
A BILL
To provide for the processing by U.S. Customs and Border Protection of
certain international mail shipments and to require the provision of
advance electronic information on international mail shipments of mail,
and for other purposes.
_______________________________________________________________________
June 11, 2018
The Committee on Oversight and Government Reform discharged; committed
to the Committee of the Whole House on the State of the Union and
ordered to be printed