IB 
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 pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee 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 
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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 or-
dered 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. 
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Be it enacted by the Senate and House of Representa-
tives 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 ‘‘Se-
curing 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 Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19 
U.S.C. 58c(b)(9)) is amended by adding at the end the fol-
lowing: 
‘‘(D)(i) With respect to the processing of items 
that are sent to the United States through the inter-
national postal network by ‘Inbound Express Mail 
service’ or ‘Inbound EMS’ (as that service is described 
in the mail classification schedule referred to in sec-
tion 3631 of title 39, United States Code), the fol-
lowing payments are required: 
‘‘(I) $1 per Inbound EMS item. 
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‘‘(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 reimburse-
ment of U.S. Customs and Border Protection for cus-
toms services provided in connection with the proc-
essing 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 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. Cus-
toms and Border Protection for customs services 
provided in connection with the processing of In-
bound 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 provided 
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in connection with the customs processing of In-
bound 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 ap-
propriation for the amount paid out of that appro-
priation for the costs incurred in providing services 
to international mail facilities. Amounts deposited in 
accordance with the preceding sentence shall be avail-
able until expended for the provision of such services. 
‘‘(III) Payments retained by the Postal Service 
under subclause (I)(bb) shall be used to directly reim-
burse the Postal Service for the costs incurred in pro-
viding services in connection with the customs proc-
essing 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 fiscal 
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 In-
bound EMS items, consistent with the obligations of 
the United States under international agreements.’’. 
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(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 pre-
ceding clause (i), by inserting ‘‘(other than In-
bound 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 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 concurrence 
of the Secretary of State, shall prescribe regula-
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tions requiring the United States Postal Service 
to transmit the information described in para-
graphs (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 require-
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 practicable 
in relation to the transportation of the shipment, 
consistent with subparagraph (H). 
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‘‘(iv) Regulations prescribed under clause 
(i) shall allow for the requirements for the trans-
mission to the Commissioner of information de-
scribed in paragraphs (1) and (2) for mail ship-
ments described in clause (i) to be implemented 
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— 
‘‘(aa) the risk posed by such ship-
ments; 
‘‘(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 Commis-
sioner of the information described in para-
graphs (1) and (2) for not less than 70 percent 
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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 postal opera-
tors 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 ca-
pacity of foreign postal operators 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 
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