Strengthening the Department of Homeland Security Secure Mail Initiative Act

Summary: (This measure has not been amended since it was reported to the Senate on October 16, 2017.  Strengthening the Department of Homeland Security Secure Mail Initiative Act (Sec. 3) This bill directs the Department of Homeland Security (DHS) to provide for an option under which a person to whom a document is sent under the Secure Mail Initiative may elect to have the U.S. Postal Service (USPS) use the Hold for Pickup service or the Signature Confirmation service in delivering the document. DHS shall require payment of a fee for such services, which shall be deposited into the Immigration Examinations Fee Account and used to cover DHS and USPS costs of providing such services. The USPS: (1) may promulgate regulations that minimize such costs and do not require it to incur additional expenses that are not recoverable, and (2) shall notify DHS of any changes to such services. If DHS determines that substantially similar services offered by a private carrier would provide better service and value than the USPS services, it may discontinue use of the USPS services and enter into a contract with the private carrier.  (Sec. 4) DHS must report to Congress within two years of this bill's enactment describing the implementation of requirements under this bill, the fee imposed, and the number of times during the previous year that a person used a service under this bill.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening the Department of 
Homeland Security Secure Mail Initiative Act''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the terms ``Hold for Pickup service'' and ``Signature 
        Confirmation service'' mean the services described in sections 
        507.3.0 and 503.8.1.1.a, respectively, of the Domestic Mail 
        Manual (or any successor services);
            (2) the term ``Immigration Examinations Fee Account'' means 
        the account established under section 286(m) of the Immigration 
        and Nationality Act (8 U.S.C. 1356(m));
            (3) the term ``Postal Service'' means the United States 
        Postal Service; and
            (4) the term ``Secretary'' means the Secretary of Homeland 
        Security.

SEC. 3. OFFERING HOLD FOR PICKUP AND SIGNATURE CONFIRMATION SERVICES 
              UNDER THE SECURE MAIL INITIATIVE.

    (a) In General.--Beginning not later than 1 year after the date of 
enactment of this Act, the Secretary shall provide for an option under 
the Secure Mail Initiative (or any successor program) under which a 
person to whom a document is sent under that initiative may elect, 
except as provided in subsection (e), to have the Postal Service use 
the Hold for Pickup service or the Signature Confirmation service in 
delivering the document.
    (b) Fee.--
            (1) In general.--The Secretary, in accordance with section 
        286(m) of the Immigration and Nationality Act (8 U.S.C. 
        1356(m)), shall require the payment of a fee from a person 
        electing a service under subsection (a), which shall be set at 
        a level that ensures recovery of--
                    (A) the full costs of providing all such services; 
                and
                    (B) any additional costs associated with the 
                administration of the fees collected.
            (2) Allocation of funds.--Of the fees collected under 
        paragraph (1), the Secretary shall--
                    (A) deposit as offsetting receipts into the 
                Immigration Examinations Fee Account the portion 
                representing--
                            (i) the cost to the Secretary of providing 
                        the services under subsection (a); and
                            (ii) any additional costs associated with 
                        the administration of the fees collected; and
                    (B) transfer to the Postal Service the portion 
                representing the cost to the Postal Service of 
                providing the services under subsection (a).
    (c) Regulations.--The Postal Service may promulgate regulations 
that--
            (1) subject to paragraph (2), minimize the cost of 
        providing the services under subsection (a); and
            (2) do not require the Postal Service to incur additional 
        expenses that are not recoverable under subsection (b).
    (d) Notice of Changes.--The Postal Service shall notify the 
Secretary of any changes to the Hold for Pickup service or the 
Signature Confirmation service.
    (e) Use of Private Carrier.--
            (1) In general.--If the Secretary determines that a private 
        carrier that offers substantially similar services to the Hold 
        for Pickup and Signature Confirmation services would provide 
        better service and value than the Postal Service provides under 
        subsection (a), the Secretary may, in accordance with paragraph 
        (2) of this subsection--
                    (A) discontinue use of the services of the Postal 
                Service under subsection (a); and
                    (B) enter into a contract with the private carrier 
                under which a person to whom a document is sent under 
                the Secure Mail Initiative (or any successor program) 
                may elect to have the private carrier use one of the 
                substantially similar services in delivering the 
                document.
            (2) Requirements.--The Secretary may not exercise the 
        authority under paragraph (1) unless the Secretary--
                    (A) determines, and notifies the Postal Service, 
                that the private carrier offers services that are 
                substantially similar to the Hold for Pickup and 
                Signature Confirmation services;
                    (B) provides for an option under the Secure Mail 
                Initiative (or any successor program) under which a 
                person to whom a document is sent under that initiative 
                may elect a service under paragraph (1)(B);
                    (C) requires the payment of a fee from a person 
                electing a service under paragraph (1)(B), which shall 
                be set at a level that ensures recovery of--
                            (i) the full cost of contracting with the 
                        private carrier to provide all such services; 
                        and
                            (ii) any additional costs associated with 
                        the administration of the fees collected; and
                    (D) deposits the fees collected under subparagraph 
                (C) as offsetting receipts into the Immigration 
                Examinations Fees Account.

SEC. 4. REPORT.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary shall submit to Congress a report that describes--
            (1) the implementation of the requirements under section 3;
            (2) the fee imposed under subsection (b) or (e)(2)(C), as 
        applicable, of section 3; and
            (3) the number of times during the previous year that a 
        person used a service under subsection (a) or (e)(1)(B) of 
        section 3.

            Passed the Senate December 21, 2017.

            Attest:

                                                             Secretary.
115th CONGRESS

  1st Session

                                S. 1208

_______________________________________________________________________

                                 AN ACT

 To direct the Secretary of Homeland Security to provide for an option 
    under the Secure Mail Initiative under which a person to whom a 
  document is sent under that initiative may elect to have the United 
States Postal Service use the Hold for Pickup service or the Signature 
    Confirmation service in delivering the document, and for other 
                               purposes.