‘‘(aa) 50 percent of the amount of the pay-
ments shall be paid on a quarterly basis by the 
United States Postal Service to the Commis-
sioner 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 proc-
essing of Inbound EMS items. 
‘‘(bb) 50 percent of the amount of the pay-
ments shall be retained by the Postal Service to 
reimburse the Postal Service for services pro-
vided 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 de-
posited in accordance with the preceding sentence 
shall be available until expended for the provision of 
such services. 
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‘‘(III) Payments retained by the Postal Service 
under subclause (I)(bb) shall be used to directly re-
imburse 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 Sec-
retary, in consultation with the Postmaster General, 
may adjust, not more frequently than once each fis-
cal year, the amount described in clause (i)(I) to an 
amount commensurate with the costs of services pro-
vided in connection with the customs processing of 
Inbound EMS items, consistent with the obligations 
of the United States under international agree-
ments.’’. 
(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 
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(B) in the flush at the end, by inserting 
‘‘or of Inbound EMS items described in sub-
section (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 INFORMA-
TION.— 
(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 concur-
rence 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 inter-
national 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 require-
ments of this subparagraph. 
‘‘(ii) In prescribing regulations under 
clause (i), the Secretary shall impose require-
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ments 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 subpara-
graphs (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 prac-
ticable 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 informa-
tion described in paragraphs (1) and (2) for 
mail shipments described in clause (i) to be im-
plemented in phases, as appropriate, by— 
‘‘(I) setting incremental targets for in-
creasing the percentage of such shipments 
for which information is required to be 
transmitted to the Commissioner; and 
‘‘(II) taking into consideration— 
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‘‘(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 infor-
mation to the Postal Service. 
‘‘(v)(I) Notwithstanding clause (iv) and ex-
cept as provided in subclause (II), the Postal 
Service shall, not later than December 31, 
2018, arrange for the transmission to the Com-
missioner of the information described in para-
graphs (1) and (2) for not less than 70 percent 
of the aggregate number of mail shipments de-
scribed 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 Post-
master 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 
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postal operators to provide the Postal 
Service with the information described in 
paragraphs (1) and (2); 
‘‘(BB) the Secretary and the Post-
master 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 op-
erators that are outside the control of the 
Postal Service; or 
‘‘(CC) the Secretary of State deter-
mines that such a waiver is in the national 
security interests of the United States. 
‘‘(bb) A waiver under item (aa) may be re-
newed 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 Janu-
ary 31, 2020, a report— 
‘‘(aa) assessing the reasons for the 
failure to meet those requirements; and 
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‘‘(bb) identifying recommendations to 
improve the collection by the Postal Serv-
ice of the information described in para-
graphs (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 Com-
missioner of the information described in para-
graphs (1) and (2) for not less than 95 percent 
of the aggregate number of mail shipments de-
scribed 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 Post-
master 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 for-
eign postal operators to provide the 
Postal Service with the information 
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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 deter-
mines that such a waiver is in the national 
security interests of the United States. 
‘‘(vii) Not later than 15 days before mak-
ing 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 con-
gressional committees a notification of the de-
termination. 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 post-
al operators lack the capacity to pro-
vide the information described in 
paragraphs (1) and (2) to the Postal 
Service; 
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‘‘(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 ex-
traordinary reasons outside the con-
trol 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 re-
medial measures necessary to ensure compli-
ance 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 in-
formation described in paragraphs (1) and (2) 
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is not transmitted as required under this sub-
paragraph. 
‘‘(ix) Nothing in this subparagraph shall 
be construed to limit the authority of the Sec-
retary to obtain information relating to inter-
national mail shipments from private carriers or 
other appropriate parties. 
‘‘(x) In this subparagraph, the term ‘ap-
propriate 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 Sec-
retary of Homeland Security and the Postmaster 
General shall develop and submit to the appropriate 
congressional committees a joint strategic plan de-
tailing specific performance measures for achiev-
ing— 
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(A) the transmission of information as re-
quired 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 Pro-
tection 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 ap-
propriate, may provide technical assistance, 
equipment, technology, and training to enhance 
the capacity of foreign postal operators— 
‘‘(i) to gather and provide the infor-
mation required by paragraph (3)(K); and 
‘‘(ii) to otherwise gather and provide 
postal shipment information related to— 
‘‘(I) terrorism; 
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‘‘(II) items the importation or in-
troduction of which into the United 
States is prohibited or restricted, in-
cluding 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 Home-
land Security and the Postmaster General shall, in 
consultation with the Secretary of State, jointly de-
velop and submit to the appropriate congressional 
committees a joint strategic plan— 
(A) detailing the extent to which U.S. Cus-
toms and Border Protection and the United 
States Postal Service are engaged in capacity 
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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 in-
creased 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 Gen-
eral 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 congres-
sional committees a report on compliance with that 
subparagraph that includes the following: 
(A) An assessment of the status of the reg-
ulations required to be promulgated under that 
subparagraph. 
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(B) An update regarding new and existing 
agreements reached with foreign postal opera-
tors for the transmission of the information re-
quired 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 op-
erators, as determined by the Secretary of 
Homeland Security, and actions taken to im-
prove 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 
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planned acquisitions and advancements in such 
technology. 
(H) Such other information as the Sec-
retary of Homeland Security and the Post-
master General consider appropriate with re-
spect to obtaining the transmission of informa-
tion 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 Gen-
eral 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 RE-
PORT.—Not later than December 31, 2020, the Comp-
troller General of the United States shall submit to the 
appropriate congressional committees a report— 
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(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 re-
ceived from foreign postal operators for targeting 
purposes; 
(3) assessing the specific percentage of targeted 
mail presented by the Postal Service to U.S. Cus-
toms and Border Protection for inspection; 
(4) describing the costs of collecting the infor-
mation required by such subparagraph (K) from for-
eign postal operators and the costs of implementing 
the use of that information; 
(5) assessing the benefits of receiving that in-
formation with respect to international mail ship-
ments; 
(6) assessing the feasibility of assessing a cus-
toms fee under section 13031(b)(9) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985, 
as amended by section 2, on international mail ship-
ments other than Inbound Express Mail service in a 
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manner consistent with the obligations of the United 
States under international agreements; and 
(7) identifying recommendations, including rec-
ommendations for legislation, to improve the compli-
ance of the Postal Service with such subparagraph 
(K), including an assessment of whether the detec-
tion 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 ‘‘AD-
VANCED’’ and inserting ‘‘ADVANCE’’. 
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Finance and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate; and 
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(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 pre-
scribed 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 inter-
national 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 re-
strict the ability of the United States to secure the 
provision of advance electronic information by for-
eign postal operators, the Secretary of State should 
consult with the appropriate congressional commit-
tees (as defined in section 3(f)). 
(2) EXPEDITED NEGOTIATION OF NEW AGREE-
MENT.—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 
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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 Sec-
retary 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 oper-
ators. 
(b) COSTS NOT CONSIDERED REVENUE.—The recov-
ery of costs under subsection (a) shall not be deemed rev-
enue 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 IL-
LICIT 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 appro-
priate, shall collaborate to identify and develop technology 
for the detection of illicit fentanyl, other synthetic opioids, 
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and other narcotics and psychoactive substances entering 
the United States by mail. 
(b) OUTREACH
TO PRIVATE SECTOR.—The Post-
master General and the Commissioner shall conduct out-
reach to private sector entities to gather information re-
garding 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 amend-
ments 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. 
Æ 
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