I 

115TH CONGRESS 

2D SESSION H. R. 5788 

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 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Securing the Inter5 national Mail Against Opioids Act of 2018’’. 


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1 SEC. 2. CUSTOMS FEES. 

2 (a) IN GENERAL.—Section 13031(b)(9) of the Con3 solidated Omnibus Budget Reconciliation Act of 1985 (19 

4 U.S.C. 58c(b)(9)) is amended by adding at the end the 

5 following: 

6 ‘‘(D)(i) With respect to the processing of items 

7 that are sent to the United States through the inter8 national postal network by ‘Inbound Express Mail 

9 service’ or ‘Inbound EMS’ (as that service is de10 scribed in the mail classification schedule referred to 

11 in section 3631 of title 39, United States Code), the 

12 following payments are required: 

13 ‘‘(I) $1 per Inbound EMS item. 

14 ‘‘(II) If an Inbound EMS item is formally 

15 entered, the fee provided for under subsection 

16 (a)(9), if applicable. 

17 ‘‘(ii) Notwithstanding section 451 of the Tariff 

18 Act of 1930 (19 U.S.C. 1451), the payments re19 quired by clause (i), as allocated pursuant to clause 

20 (iii)(I), shall be the only payments required for reim21 bursement of U.S. Customs and Border Protection 

22 for customs services provided in connection with the 

23 processing of an Inbound EMS item. 

24 ‘‘(iii)(I) The payments required by clause (i) 

25 shall be allocated as follows: 


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1 ‘‘(aa) 50 percent of the amount of the pay2 ments shall be paid on a quarterly basis by the 

3 United States Postal Service to the Commis4 sioner of U.S. Customs and Border Protection 

5 in accordance with regulations prescribed by the 

6 Secretary of the Treasury to reimburse U.S. 

7 Customs and Border Protection for customs 

8 services provided in connection with the proc9 essing of Inbound EMS items. 

10 ‘‘(bb) 50 percent of the amount of the pay11 ments shall be retained by the Postal Service to 

12 reimburse the Postal Service for services pro13 vided in connection with the customs processing 

14 of Inbound EMS items. 

15 ‘‘(II) Payments received by U.S. Customs and 

16 Border Protection under subclause (I)(aa) shall, in 

17 accordance with section 524 of the Tariff Act of 

18 1930 (19 U.S.C. 1524), be deposited in the Customs 

19 User Fee Account and used to directly reimburse 

20 each appropriation for the amount paid out of that 

21 appropriation for the costs incurred in providing 

22 services to international mail facilities. Amounts de23 posited in accordance with the preceding sentence 

24 shall be available until expended for the provision of 

25 such services. 


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1 ‘‘(III) Payments retained by the Postal Service 

2 under subclause (I)(bb) shall be used to directly re3 imburse the Postal Service for the costs incurred in 

4 providing services in connection with the customs 

5 processing of Inbound EMS items. 

6 ‘‘(iv) Beginning in fiscal year 2021, the Sec7 retary, in consultation with the Postmaster General, 

8 may adjust, not more frequently than once each fis9 cal year, the amount described in clause (i)(I) to an 

10 amount commensurate with the costs of services pro11 vided in connection with the customs processing of 

12 Inbound EMS items, consistent with the obligations 

13 of the United States under international agree14 ments.’’. 

15 (b) CONFORMING AMENDMENTS.—Section 13031(a) 

16 of the Consolidated Omnibus Budget Reconciliation Act 

17 of 1985 (19 U.S.C. 58c(a)) is amended— 

18 (1) in paragraph (6), by inserting ‘‘(other than 

19 an item subject to a fee under subsection 

20 (b)(9)(D))’’ after ‘‘customs officer’’; and 

21 (2) in paragraph (10)— 

22 (A) in subparagraph (C), in the matter 

23 preceding clause (i), by inserting ‘‘(other than 

24 Inbound EMS items described in subsection 

25 (b)(9)(D))’’ after ‘‘release’’; and 


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1 (B) in the flush at the end, by inserting 

2 ‘‘or of Inbound EMS items described in sub3 section (b)(9)(D),’’ after ‘‘(C),’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect on January 1, 2020. 

6 SEC. 3. MANDATORY ADVANCE ELECTRONIC INFORMATION 

7 FOR POSTAL SHIPMENTS. 

8 (a) MANDATORY ADVANCE ELECTRONIC INFORMA9 TION.— 

10 (1) IN GENERAL.—Section 343(a)(3)(K) of the 

11 Trade Act of 2002 (Public Law 107–210; 19 U.S.C. 

12 2071 note) is amended to read as follows: 

13 ‘‘(K)(i) The Secretary, with the concur14 rence of the Secretary of State, shall prescribe 

15 regulations requiring the United States Postal 

16 Service to transmit the information described in 

17 paragraphs (1) and (2) to the Commissioner of 

18 U.S. Customs and Border Protection for inter19 national mail shipments by the Postal Service 

20 (including shipments to the Postal Service from 

21 foreign postal operators that are transported by 

22 private carrier) consistent with the require23 ments of this subparagraph. 

24 ‘‘(ii) In prescribing regulations under 

25 clause (i), the Secretary shall impose requireVerDate Sep 11 2014 22:00 May 30, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5788.IH H5788

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1 ments for the transmission to the Commissioner 

2 of information described in paragraphs (1) and 

3 (2) for mail shipments described in clause (i) 

4 that are comparable to the requirements for the 

5 transmission of such information imposed on 

6 similar non-mail shipments of cargo, taking into 

7 account the parameters set forth in subpara8 graphs (A) through (J). 

9 ‘‘(iii) The regulations prescribed under 

10 clause (i) shall require the transmission of the 

11 information described in paragraphs (1) and (2) 

12 with respect to a shipment as soon as prac13 ticable in relation to the transportation of the 

14 shipment, consistent with subparagraph (H). 

15 ‘‘(iv) Regulations prescribed under clause 

16 (i) shall allow for the requirements for the 

17 transmission to the Commissioner of informa18 tion described in paragraphs (1) and (2) for 

19 mail shipments described in clause (i) to be im20 plemented in phases, as appropriate, by— 

21 ‘‘(I) setting incremental targets for in22 creasing the percentage of such shipments 

23 for which information is required to be 

24 transmitted to the Commissioner; and 

25 ‘‘(II) taking into consideration— 


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1 ‘‘(aa) the risk posed by such 

2 shipments; 

3 ‘‘(bb) the volume of mail shipped 

4 to the United States by or through a 

5 particular country; and 

6 ‘‘(cc) the capacities of foreign 

7 postal operators to provide that infor8 mation to the Postal Service. 

9 ‘‘(v)(I) Notwithstanding clause (iv) and ex10 cept as provided in subclause (II), the Postal 

11 Service shall, not later than December 31, 

12 2018, arrange for the transmission to the Com13 missioner of the information described in para14 graphs (1) and (2) for not less than 70 percent 

15 of the aggregate number of mail shipments de16 scribed in clause (i). 

17 ‘‘(II)(aa) The requirements of subclause 

18 (I) may be waived for a period of not more than 

19 180 days if, not later than December 31, 

20 2018— 

21 ‘‘(AA) the Secretary and the Post22 master General, with the concurrence of 

23 the Secretary of State, determine that 

24 meeting those requirements is not feasible 

25 because of the lack of capacity of foreign 


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1 postal operators to provide the Postal 

2 Service with the information described in 

3 paragraphs (1) and (2); 

4 ‘‘(BB) the Secretary and the Post5 master General, with the concurrence of 

6 the Secretary of State, determine that 

7 meeting those requirements is not feasible 

8 because of extraordinary reasons other 

9 than lack of capacity of foreign postal op10 erators that are outside the control of the 

11 Postal Service; or 

12 ‘‘(CC) the Secretary of State deter13 mines that such a waiver is in the national 

14 security interests of the United States. 

15 ‘‘(bb) A waiver under item (aa) may be re16 newed for one additional period of not more 

17 than 180 days if a determination described in 

18 item (aa) is made for that period. 

19 ‘‘(III) If the requirements of subclause (I) 

20 are not met, the Comptroller General of the 

21 United States shall submit to the appropriate 

22 congressional committees, not later than Janu23 ary 31, 2020, a report— 

24 ‘‘(aa) assessing the reasons for the 

25 failure to meet those requirements; and 


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1 ‘‘(bb) identifying recommendations to 

2 improve the collection by the Postal Serv3 ice of the information described in para4 graphs (1) and (2). 

5 ‘‘(vi)(I) Notwithstanding clause (iv) and 

6 except as provided in subclause (II), the Postal 

7 Service shall, not later than December 31, 

8 2022, arrange for the transmission to the Com9 missioner of the information described in para10 graphs (1) and (2) for not less than 95 percent 

11 of the aggregate number of mail shipments de12 scribed in clause (i). 

13 ‘‘(II) The requirements of subclause (I) 

14 may be waived for a period of not more than 

15 one year if, not later than December 31, 

16 2022— 

17 ‘‘(aa) the Secretary and the Post18 master General, with the concurrence of 

19 the Secretary of State, determine that 

20 meeting those requirements is not feasible 

21 because of— 

22 ‘‘(AA) the lack of capacity of for23 eign postal operators to provide the 

24 Postal Service with the information 


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1 described in paragraphs (1) and (2); 

2 or 

3 ‘‘(BB) extraordinary reasons 

4 other than lack of capacity of foreign 

5 postal operators that are outside the 

6 control of the Postal Service; or 

7 ‘‘(bb) the Secretary of State deter8 mines that such a waiver is in the national 

9 security interests of the United States. 

10 ‘‘(vii) Not later than 15 days before mak11 ing a determination under clause (v) or (vi) 

12 that meeting the requirements of that clause is 

13 not feasible, the Secretary and the Postmaster 

14 General shall submit to the appropriate con15 gressional committees a notification of the de16 termination. The notification shall include— 

17 ‘‘(I) in the case of a determination 

18 under clause (v)(II)(aa)(AA) or 

19 (vi)(II)(aa)(AA)— 

20 ‘‘(aa) a list of which foreign post21 al operators lack the capacity to pro22 vide the information described in 

23 paragraphs (1) and (2) to the Postal 

24 Service; 


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1 ‘‘(bb) a description of the efforts 

2 by the Postal Service made to obtain 

3 that information from those operators; 

4 and 

5 ‘‘(cc) a plan for obtaining that 

6 information from those operators; and 

7 ‘‘(II) in the case of a determination 

8 under clause (v)(II)(aa)(BB) or 

9 (vi)(II)(aa)(BB)— 

10 ‘‘(aa) a description of the ex11 traordinary reasons outside the con12 trol of the Postal Service; and 

13 ‘‘(bb) a plan for obtaining the 

14 transmission of information described 

15 in paragraphs (1) and (2) as required 

16 by clause (v) or (vi), as applicable. 

17 ‘‘(viii) The Secretary and the Postmaster 

18 General may, in consultation with the Secretary 

19 of State, as necessary, take all appropriate re20 medial measures necessary to ensure compli21 ance with regulations prescribed under clause 

22 (i) and consistent with the obligations of the 

23 United States under international agreements, 

24 including refusal of shipments for which the in25 formation described in paragraphs (1) and (2) 


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1 is not transmitted as required under this sub2 paragraph. 

3 ‘‘(ix) Nothing in this subparagraph shall 

4 be construed to limit the authority of the Sec5 retary to obtain information relating to inter6 national mail shipments from private carriers or 

7 other appropriate parties. 

8 ‘‘(x) In this subparagraph, the term ‘ap9 propriate congressional committees’ means— 

10 ‘‘(I) the Committee on Finance and 

11 the Committee on Homeland Security and 

12 Governmental Affairs of the Senate; and 

13 ‘‘(II) the Committee on Ways and 

14 Means and the Committee on Oversight 

15 and Government Reform of the House of 

16 Representatives.’’. 

17 (2) JOINT STRATEGIC PLAN ON MANDATORY

18 ADVANCE INFORMATION.—Not later than 60 days 

19 after the date of the enactment of this Act, the Sec20 retary of Homeland Security and the Postmaster 

21 General shall develop and submit to the appropriate 

22 congressional committees a joint strategic plan de23 tailing specific performance measures for achiev24 ing— 


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1 (A) the transmission of information as re2 quired by section 343(a)(3)(K) of the Trade 

3 Act of 2002, as amended by paragraph (1); and 

4 (B) the presentation by the Postal Service 

5 to U.S. Customs and Border Protection of all 

6 mail targeted by U.S. Customs and Border Pro7 tection for inspection. 

8 (b) CAPACITY BUILDING.— 

9 (1) IN GENERAL.—Section 343(a) of the Trade 

10 Act of 2002 (Public Law 107–210; 19 U.S.C. 2071 

11 note) is amended by adding at the end the following: 

12 ‘‘(5) CAPACITY BUILDING.— 

13 ‘‘(A) IN GENERAL.—The Secretary, with 

14 the concurrence of the Secretary of State, and 

15 in coordination with the Postmaster General 

16 and the heads of other Federal agencies, as ap17 propriate, may provide technical assistance, 

18 equipment, technology, and training to enhance 

19 the capacity of foreign postal operators— 

20 ‘‘(i) to gather and provide the infor21 mation required by paragraph (3)(K); and 

22 ‘‘(ii) to otherwise gather and provide 

23 postal shipment information related to— 

24 ‘‘(I) terrorism; 


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1 ‘‘(II) items the importation or in2 troduction of which into the United 

3 States is prohibited or restricted, in4 cluding controlled substances; and 

5 ‘‘(III) such other concerns as the 

6 Secretary determines appropriate. 

7 ‘‘(B) PROVISION OF EQUIPMENT AND

8 TECHNOLOGY.—With respect to the provision of 

9 equipment and technology under subparagraph 

10 (A), the Secretary may lease, loan, provide, or 

11 otherwise assist in the deployment of such 

12 equipment and technology under such terms 

13 and conditions as the Secretary may prescribe, 

14 including nonreimbursable loans or the transfer 

15 of ownership of equipment and technology.’’. 

16 (2) JOINT STRATEGIC PLAN ON CAPACITY

17 BUILDING.—Not later than one year after the date 

18 of the enactment of this Act, the Secretary of Home19 land Security and the Postmaster General shall, in 

20 consultation with the Secretary of State, jointly de21 velop and submit to the appropriate congressional 

22 committees a joint strategic plan— 

23 (A) detailing the extent to which U.S. Cus24 toms and Border Protection and the United 

25 States Postal Service are engaged in capacity 


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1 building efforts under section 343(a)(5) of the 

2 Trade Act of 2002, as added by paragraph (1); 

3 (B) describing plans for future capacity 

4 building efforts; and 

5 (C) assessing how capacity building has in6 creased the ability of U.S. Customs and Border 

7 Protection and the Postal Service to advance 

8 the goals of this Act and the amendments made 

9 by this Act. 

10 (c) REPORT AND CONSULTATIONS BY SECRETARY OF

11 HOMELAND SECURITY AND POSTMASTER GENERAL.— 

12 (1) REPORT.—Not later than 180 days after 

13 the date of the enactment of this Act, and annually 

14 thereafter until 3 years after the Postmaster Gen15 eral has met the requirement under clause (vi) of 

16 subparagraph (K) of section 343(a)(3) of the Trade 

17 Act of 2002, as amended by subsection (a)(1), the 

18 Secretary of Homeland Security and the Postmaster 

19 General shall, in consultation with the Secretary of 

20 State, jointly submit to the appropriate congres21 sional committees a report on compliance with that 

22 subparagraph that includes the following: 

23 (A) An assessment of the status of the reg24 ulations required to be promulgated under that 

25 subparagraph. 


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1 (B) An update regarding new and existing 

2 agreements reached with foreign postal opera3 tors for the transmission of the information re4 quired by that subparagraph. 

5 (C) A summary of deliberations between 

6 the United States Postal Service and foreign 

7 postal operators with respect to issues relating 

8 to the transmission of that information. 

9 (D) A summary of the progress made in 

10 achieving the transmission of that information 

11 for the percentage of shipments required by 

12 that subparagraph. 

13 (E) An assessment of the quality of that 

14 information being received by foreign postal op15 erators, as determined by the Secretary of 

16 Homeland Security, and actions taken to im17 prove the quality of that information. 

18 (F) A summary of policies established by 

19 the Universal Postal Union that may affect the 

20 ability of the Postmaster General to obtain the 

21 transmission of that information. 

22 (G) A summary of the use of technology to 

23 detect illicit synthetic opioids and other illegal 

24 substances in international mail parcels and 


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1 planned acquisitions and advancements in such 

2 technology. 

3 (H) Such other information as the Sec4 retary of Homeland Security and the Post5 master General consider appropriate with re6 spect to obtaining the transmission of informa7 tion required by that subparagraph. 

8 (2) CONSULTATIONS.—Not later than 180 days 

9 after the date of the enactment of this Act, and 

10 every 180 days thereafter until the Postmaster Gen11 eral has met the requirement under clause (vi) of 

12 section 343(a)(3)(K) of the Trade Act of 2002, as 

13 amended by subsection (a)(1), to arrange for the 

14 transmission of information with respect to not less 

15 than 95 percent of the aggregate number of mail 

16 shipments described in clause (i) of that section, the 

17 Secretary of Homeland Security and the Postmaster 

18 General shall provide briefings to the appropriate 

19 congressional committees on the progress made in 

20 achieving the transmission of that information for 

21 that percentage of shipments. 

22 (d) GOVERNMENT ACCOUNTABILITY OFFICE RE23 PORT.—Not later than December 31, 2020, the Comp24 troller General of the United States shall submit to the 

25 appropriate congressional committees a report— 


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1 (1) assessing the progress of the United States 

2 Postal Service in achieving the transmission of the 

3 information required by subparagraph (K) of section 

4 343(a)(3) of the Trade Act of 2002, as amended by 

5 subsection (a)(1), for the percentage of shipments 

6 required by that subparagraph; 

7 (2) assessing the quality of the information re8 ceived from foreign postal operators for targeting 

9 purposes; 

10 (3) assessing the specific percentage of targeted 

11 mail presented by the Postal Service to U.S. Cus12 toms and Border Protection for inspection; 

13 (4) describing the costs of collecting the infor14 mation required by such subparagraph (K) from for15 eign postal operators and the costs of implementing 

16 the use of that information; 

17 (5) assessing the benefits of receiving that in18 formation with respect to international mail ship19 ments; 

20 (6) assessing the feasibility of assessing a cus21 toms fee under section 13031(b)(9) of the Consoli22 dated Omnibus Budget Reconciliation Act of 1985, 

23 as amended by section 2, on international mail ship24 ments other than Inbound Express Mail service in a 


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1 manner consistent with the obligations of the United 

2 States under international agreements; and 

3 (7) identifying recommendations, including rec4 ommendations for legislation, to improve the compli5 ance of the Postal Service with such subparagraph 

6 (K), including an assessment of whether the detec7 tion of illicit synthetic opioids in the international 

8 mail would be improved by— 

9 (A) requiring the Postal Service to serve as 

10 the consignee for international mail shipments 

11 containing goods; or 

12 (B) designating a customs broker to act as 

13 an importer of record for international mail 

14 shipments containing goods. 

15 (e) TECHNICAL CORRECTION.—Section 343 of the 

16 Trade Act of 2002 (Public Law 107–210; 19 U.S.C. 2071 

17 note) is amended in the section heading by striking ‘‘AD18 VANCED’’ and inserting ‘‘ADVANCE’’. 

19 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE20 FINED.—In this section, the term ‘‘appropriate congres21 sional committees’’ means— 

22 (1) the Committee on Finance and the Com23 mittee on Homeland Security and Governmental Af24 fairs of the Senate; and 


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1 (2) the Committee on Ways and Means and the 

2 Committee on Oversight and Government Reform of 

3 the House of Representatives. 

4 SEC. 4. INTERNATIONAL POSTAL AGREEMENTS. 

5 (a) EXISTING AGREEMENTS.—Any regulations pre6 scribed under section 343(a)(3)(K) of the Trade Act of 

7 2002, as amended by section 3(a)(1), shall be consistent 

8 with the obligations of the United States under inter9 national agreements. 

10 (b) FUTURE AGREEMENTS.— 

11 (1) CONSULTATIONS.—Before entering into, on 

12 or after the date of the enactment of this Act, any 

13 postal treaty, convention, or other international 

14 agreement related to international postal services, or 

15 any amendment to such an agreement, that could re16 strict the ability of the United States to secure the 

17 provision of advance electronic information by for18 eign postal operators, the Secretary of State should 

19 consult with the appropriate congressional commit20 tees (as defined in section 3(f)). 

21 (2) EXPEDITED NEGOTIATION OF NEW AGREE22 MENT.—To the extent that any new postal treaty, 

23 convention, or other international agreement related 

24 to international postal services is necessary to secure 

25 the provision of advance electronic information by 


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1 foreign postal operators as required by regulations 

2 prescribed under section 343(a)(3)(K) of the Trade 

3 Act of 2002, as amended by section 3(a)(1), the Sec4 retary of State should expeditiously conclude such 

5 an agreement. 

6 SEC. 5. COST RECOUPMENT. 

7 (a) IN GENERAL.—The United States Postal Service 

8 shall, to the extent practicable and otherwise recoverable 

9 by law, ensure that all costs associated with complying 

10 with this Act and amendments made by this Act are 

11 charged directly to foreign shippers or foreign postal oper12 ators. 

13 (b) COSTS NOT CONSIDERED REVENUE.—The recov14 ery of costs under subsection (a) shall not be deemed rev15 enue for purposes of subchapter I and II of chapter 36 

16 of title 39, United States Code, or regulations prescribed 

17 under that chapter. 

18 SEC. 6. DEVELOPMENT OF TECHNOLOGY TO DETECT IL19 LICIT NARCOTICS. 

20 (a) IN GENERAL.—The Postmaster General and the 

21 Commissioner of U.S. Customs and Border Protection, in 

22 coordination with the heads of other agencies as appro23 priate, shall collaborate to identify and develop technology 

24 for the detection of illicit fentanyl, other synthetic opioids, 


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1 and other narcotics and psychoactive substances entering 

2 the United States by mail. 

3 (b) OUTREACH TO PRIVATE SECTOR.—The Post4 master General and the Commissioner shall conduct out5 reach to private sector entities to gather information re6 garding the current state of technology to identify areas 

7 for innovation relating to the detection of illicit fentanyl, 

8 other synthetic opioids, and other narcotics and 

9 psychoactive substances entering the United States. 

10 SEC. 7. EFFECTIVE DATE; REGULATIONS. 

11 (a) EFFECTIVE DATE.—This Act and the amend12 ments made by this Act (other than the amendments made 

13 by section 2) shall take effect on the date of the enactment 

14 of this Act. 

15 (b) REGULATIONS.—Not later than one year after the 

16 date of the enactment of this Act, such regulations as are 

17 necessary to carry out this Act and the amendments made 

18 by this Act shall be prescribed. 

Æ 


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