[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 372 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 372
To amend the Tariff Act of 1930 to ensure that merchandise arriving
through the mail shall be subject to review by U.S. Customs and Border
Protection and to require the provision of advance electronic
information on shipments of mail to U.S. Customs and Border Protection
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 14, 2017
Mr. Portman (for himself, Ms. Klobuchar, Mr. Rubio, and Ms. Hassan)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To amend the Tariff Act of 1930 to ensure that merchandise arriving
through the mail shall be subject to review by U.S. Customs and Border
Protection and to require the provision of advance electronic
information on shipments of mail to U.S. Customs and Border Protection
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.
This Act may be cited as the ``Synthetics Trafficking and Overdose
Prevention Act of 2017'' or the ``STOP Act of 2017''.
SEC. 2. FORMAL ENTRY REQUIREMENTS--POSTAL SERVICE AS CONSIGNEE.
Subparagraph (B) of section 484(a)(2) of the Tariff Act of 1930 (19
U.S.C. 1484(a)(2)(B)) is amended to read as follows:
``(B)(i) When an entry of merchandise is made under this
section, the required documentation or information shall be
filed or electronically transmitted--
``(I) by the owner or purchaser of the merchandise;
or
``(II) when appropriately designated by the owner,
purchaser, or consignee of the merchandise, by a person
holding a valid license under section 641.
``(ii) The Postmaster General shall be deemed the consignee
for merchandise, as defined by section 498(c), imported through
the mail, and the Postmaster General shall, at the Postmaster
General's sole expense, designate a person holding a valid
license under section 641 to file the required documentation or
information or ensure that the owner or purchaser of the
merchandise or a person holding a valid license under section
641 that is designated by the owner or purchaser files the
required documentation or information.
``(iii) When a consignee declares on entry that he or she
is the owner or purchaser of merchandise, U.S. Customs and
Border Protection may, without liability, accept the
declaration.
``(iv) For the purposes of this Act, the importer of record
must be one of the parties who is eligible to file the
documentation or information required by this section.''.
SEC. 3. INFORMAL ENTRIES.
Section 498 of the Tariff Act of 1930 (19 U.S.C. 1498) is amended
by adding at the end the following:
``(c) Application to Postal Shipments.--
``(1) Definitions.--In this subsection:
``(A) Document.--The term `document' means a piece
of written, drawn, printed, or digital information,
excluding objects of merchandise, that--
``(i) is conveyed in an envelope that is
less than or equal to 165 millimeters in width,
245 millimeters in length, and 5 millimeters in
depth; and
``(ii) weighs 100 grams or less when
conveyed.
``(B) Merchandise.--The term `merchandise' has the
same meaning as that term is defined in section 401 but
does not include a document.
``(2) Requirement.--Notwithstanding any other provision of
law, for merchandise meeting the requirements of subsection
(a), the Postmaster General shall comply with the entry
requirements of section 484.
``(3) Regulations.--Any regulation issued pursuant to this
subsection shall apply identical entry procedures for
merchandise imported through the mail as are applied for
merchandise imported via a private carrier.''.
SEC. 4. DE MINIMIS SHIPMENTS.
Section 321 of the Tariff Act of 1930 (19 U.S.C. 1321) is amended
by adding at the end the following:
``(c)(1) For imported articles that qualify for the administrative
exemption under subsection (a)(2) and that arrive at international mail
facilities in the United States, the Postmaster General shall be deemed
the consignee for such articles that are considered merchandise, as the
term is defined in section 498(c).
``(2) In addition to the parties that are authorized to comply with
the entry requirements of sections 498 and 484, the Postmaster General,
as a consignee, may, using reasonable care, enter such merchandise that
qualifies for the administrative exemption under subsection (a)(2).''.
SEC. 5. CUSTOMS FEES.
(a) In General.--Paragraph (6) of section 13031(a) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(a)(6)) is amended to read as follows:
``(6)(A) For the arrival of shipments of merchandise (as
the term is defined in section 498(c) of the Trade Act of 1930)
or any other item that is valued at $2,000 or less (or such
higher amount as the Secretary of the Treasury may set by
regulation pursuant to section 498 of the Tariff Act of 1930
(19 U.S.C. 1498) and subject to adjustment under subsection
(l)) arriving at an international mail facility:
``(i) $1 per individual airway bill or bill of
lading (subject to adjustment under subsection (l)); or
``(ii) if such merchandise is formally entered, the
fee provided for in paragraph (9), if applicable.
``(B) Notwithstanding section 451 of the Tariff Act of 1930
(19 U.S.C. 1451), the payment required by subparagraph (A)
shall be the only payment required for reimbursement of U.S.
Customs and Border Protection in connection with the processing
of an individual airway bill or bill of lading in accordance
with such subparagraph and for providing services at
international mail facilities, except that U.S. Customs and
Border Protection may require such facilities to cover expenses
of the agency for adequate office space, equipment,
furnishings, supplies, and security.
``(C) The payment required by subparagraphs (A) and (B)
shall be paid on a quarterly basis by the Postmaster General in
accordance with regulations prescribed by the Secretary of the
Treasury. The payments shall be allocated as follows:
``(i) 50 percent of the amount of payments received
in this paragraph 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 shall be
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 customs services to international
mail facilities.
``(ii) Notwithstanding section 524 of the Tariff
Act of 1930 (19 U.S.C. 1524), 50 percent of the amount
of payments received under this paragraph shall be paid
to the Secretary of the Treasury, which is in lieu of
the payment of fees under paragraph (10).''.
(b) Technical Amendments.--Paragraph (10) of section 13031(a) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(a)(10)) is amended--
(1) by striking ``or'' in subparagraph (B);
(2) by striking the period at the end of subparagraph
(C)(iii) and inserting a comma and ``or'';
(3) by inserting after subparagraph (C)(iii) the following:
``(D) an international mail facility.''; and
(4) in the undesignated material at the end by striking the
period and inserting ``or referred to in subparagraph (D) see
paragraph (6).''.
SEC. 6. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR POSTAL SHIPMENTS.
Subparagraph (K) of section 343(a)(3) of the Trade Act of 2002
(Public Law 107-210; 19 U.S.C. 2071 note) is amended to read as
follows:
``(K) The Secretary shall require the Postmaster
General to transmit or to ensure the transmission of
the information required in paragraphs (1) and (2) to
U.S. Customs and Border Protection for all shipments by
the United States Postal Service which includes
shipments that the United States Postal Service
receives from foreign postal operators (shipments from
foreign postal operators may be transported by private
carriers). All regulations issued pursuant to this
provision are required to impose the same information
requirements on the United States Postal Service and
private carriers.''.
SEC. 7. MANIFEST PENALTIES APPLIED TO THE UNITED STATES POSTAL SERVICE.
(a) Penalties for Violations of the Arrival, Reporting, Entry, and
Clearance Requirements.--Section 436 of the Tariff Act of 1930 (19
U.S.C. 1436) is amended by adding at the end the following new
subsection:
``(e) Civil Penalties Arising From Violations for Postal
Shipments.--With respect to civil penalties provided for in subsections
(b) and (d) above, the Postmaster General shall be liable for the
penalty if the violation was caused by a foreign postal operator or the
United States Postal Service.''.
(b) Penalties for Falsity or Lack of Manifest.--Section 584 of the
Tariff Act of 1930 (19 U.S.C. 1584) is amended by adding at the end the
following new subsection:
``(c) Person Directly or Indirectly Responsible Shall Include the
Postmaster General.--For purposes of subsection (a), the Postmaster
General may be the person directly or indirectly responsible for a
discrepancy if the discrepancy is the result of--
``(1) an omission by a foreign postal operator or the
United States Postal Service; or
``(2) false information regarding the shipment that was
provided to the carrier by a foreign postal operator or the
United States Postal Service.''.
SEC. 8. LIMITATION ON INTERNATIONAL POSTAL ARRANGEMENTS.
(a) Existing Agreements.--
(1) In general.--In the event that any provision in this
Act is found to be in violation of obligations of the United
States under the Universal Postal Union, the Secretary of State
shall negotiate to amend the relevant provisions of the
agreement so that the United States is no longer in violation
of the agreement.
(2) Construction.--Nothing in this subsection may be
construed to require or permit any delay in the implementation
of this Act.
(b) Future Agreements.--The Secretary of State may not conclude any
international postal arrangement pursuant to the authority set out in
section 407 of title 39, United States Code, that is inconsistent with
this Act or any amendment made by this Act.
SEC. 9. APPLICATION OF OTHER CUSTOMS LAWS.
(a) In General.--U.S. Customs and Border Protection shall ensure
that all merchandise, as that term is defined in subsection (c) of
section 498 of the Tariff Act of 1930 (19 U.S.C. 1498), imported to the
United States through the mail shall be subject to the same import
procedures, legal restrictions, and certifications as merchandise
imported by private carriers.
(b) Regulations.--The Secretary of the Treasury shall issue
regulations pursuant to this Act to ensure that merchandise imported
through the mail is in accordance with Federal law.
SEC. 10. COST RECOUPMENT.
The Postmaster General shall ensure that all costs associated with
complying with this Act, as well as all penalties assessed against the
Postmaster General, are charged directly to foreign shippers, foreign
postal operators, or United States ultimate consignees.
SEC. 11. EFFECTIVE DATE; REGULATIONS.
(a) Effective Date.--This Act shall become effective upon the date
of the enactment of this Act.
(b) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall prescribe all regulations
required under this Act.
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