Strengthening the Department of Homeland Security Secure Mail Initiative Act

Bill: 115-s-1208
Sponsor: full_name: Sen. Menendez, Robert [D-NJ]
Introduced: 2017-05-23
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Congressional oversight

Immigration status and procedures

Postal service

Public contracts and procurement

U.S. Postal Service

User charges and fees
Latest action: action_date: 2017-12-22
text: Held at the desk.

Summaries:
action_date: 2017-05-23
action_desc: Introduced in Senate
text: <p><strong>Strengthening the Department of Homeland Security Secure Mail Initiative Act</strong></p> <p>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.</p> <p>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.</p> <p>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. </p> <ul> </ul>

action_date: 2017-10-16
action_desc: Reported to Senate with amendment(s)
text: <p><strong>Strengthening the Department of Homeland Security Secure Mail Initiative Act</strong></p> <p>(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.</p> <p>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.</p> <p>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. </p> <p>(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.</p>

action_date: 2017-12-21
action_desc: Passed Senate amended
text: <p>(This measure has not been amended since it was reported to the Senate on October 16, 2017. The summary of that version is repeated here.)</p> <p><strong>Strengthening the Department of Homeland Security Secure Mail Initiative Act</strong></p> <p>(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.</p> <p>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.</p> <p>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. </p> <p>(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.</p>

tv_txt: II 115th CONGRESS 1st Session S. 1208 IN THE SENATE OF THE UNITED STATES May 23, 2017 Mr. Menendez (for himself, Mr. Perdue , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL 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.

1. Short title This Act may be cited as the Strengthening the Department of Homeland Security Secure Mail Initiative Act . 2. Definitions In this Act— (1) the terms Hold for Pickup service and Signature Confirmation service means the services described in sections 508.7.2.1 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. 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. 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.

tv_txt: II Calendar No. 241 115th CONGRESS 1st Session S. 1208 [Report No. 115–171] IN THE SENATE OF THE UNITED STATES May 23, 2017 Mr. Menendez (for himself, Mr. Perdue , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs October 16, 2017 Reported by Mr. Johnson , with amendments Omit the part struck through and insert the part printed in italic A BILL 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.

1. Short title This Act may be cited as the Strengthening the Department of Homeland Security Secure Mail Initiative Act . 2. Definitions In this Act— (1) the terms Hold for Pickup service and Signature Confirmation service means mean the services described in sections 508.7.2.1 507.3.0 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. 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. 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.

October 16, 2017 Reported with amendments

tv_txt: 115th CONGRESS 1st Session S. 1208 IN THE SENATE OF THE UNITED STATES 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.

1. Short title This Act may be cited as the Strengthening the Department of Homeland Security Secure Mail Initiative Act . 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. 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. 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. Secretary