,,ii #aaeth ,,congress #b;d ,session ,s4 #cjeg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ab1 #bjah,mr4 ,portman 7for himself1 ,ms4 ,klobuchar1 ,mr4 ,hatch1 ,mr4 ,wyden1 ,mr4 ,rubio1 ,ms4 ,hassan1 ,mr4 ,casey1 ,ms4 ,stabenow1 ,mr4 ,cornyn1 ,mrs4 ,mc,caskill1 ,mr4 ,brown1 ,mr4 ,isakson1 ,mr4 ,whitehouse1 and ,mrs4 ,shaheen7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide for the processing by ,u4,s4 ,customs and ,border ,protection of certain international mail shipments and to require the provision of advance electronic information on international mail shipments of mail4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,synthetics ,trafficking and ,overdose ,prevention ,act of #bjah or ,,stop ,act of #bjah4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,customs fees4 ,sec4 #c4 ,mandatory advance electronic information for postal shipments4 ,sec4 #d4 ,international postal agreements4 ,sec4 #e4 ,cost recoupment4 ,sec4 #f4 ,development of technology to detect illicit narcotics4 ,sec4 #g4 ,civil penalties for postal shipments4 ,sec4 #h4 ,report on violations of arrival1 reporting1 entry1 and clearance requirements and falsity or lack of manifest4 ,sec4 #i4 ,effective date2 regulations4 #b4 ,customs fees 7a7 ,in general ,section #acjca7;b77#i7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7b77#i77 is amended by adding at the end the following3 7,d7 7i7 ,with respect to the processing of items that are sent to the ,united ,states through the international postal network by ,inbound ,express ,mail service or ,inbound ,,ems 7as that service is described in the mail classification schedule referred to in section #cfca of title #ci1 ,united ,states ,code71 the following payments are required3 7,i7 #a per ,inbound ,,ems item4 7,,ii7 ,if an ,inbound ,,ems item is formally entered1 the fee provided for under subsection 7a77#i71 if applicable4 7ii7 ,notwithstanding section #dea of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adea71 the payments required by clause 7i71 as allocated pursuant to clause 7iii77,i71 shall be the only payments required for reimbursement of ,u4,s4 ,customs and ,border ,protection for customs services provided in connection with the processing of an ,inbound ,,ems item4 7iii7 7,i7 ,the payments required by clause 7i77,i7 shall be allocated as follows3 7aa7 #ej percent of the amount of the payments shall be paid on a quarterly basis by the ,united ,states ,postal ,service to the ,commissioner of ,u4,s4 ,customs and ,border ,protection in accordance with regulations prescribed by the ,secretary of the ,treasury to reimburse ,u4,s4 ,customs and ,border ,protection for customs services provided in connection with the processing of ,inbound ,,ems items4 7bb7 #ej percent of the amount of the payments shall be retained by the ,postal ,service to reimburse the ,postal ,service for services provided in connection with the customs processing of ,inbound ,,ems items4 7,,ii7 ,payments received by ,u4,s4 ,customs and ,border ,protection under subclause 7,i77aa7 shall1 in accordance with section #ebd of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aebd71 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 facilities4 ,amounts deposited in accordance with the preceding sentence shall be available until expended for the provision of such services4 7,,iii7 ,payments retained by the ,postal ,service under subclause 7,i77bb7 shall be used to directly reimburse the ,postal ,service for the costs incurred in providing services in connection with the customs processing of ,inbound ,,ems items4 7iv7 ,beginning in fiscal year #bjba1 the ,secretary1 in consultation with the ,postmaster ,general1 may adjust1 not more frequently than once each fiscal year1 the amount described in clause 7i77,i7 to an amount commensurate with the costs of services provided in connection with the customs processing of ,inbound ,,ems items1 consistent with the obligations of the ,united ,states under international agreements4 4 7b7 ,conforming amendments ,section #acjca7;a7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7a77 is amended-- 7#a7 in paragraph 7#f71 by inserting 7other than an item subject to a fee under subsection 7b77#i77;,d77 after customs officer2 and 7#b7 in paragraph 7#aj7-- 7,a7 in subparagraph 7,c71 in the matter preceding clause 7i71 by inserting 7other than ,inbound ,,ems items described in subsection 7b77#i77;,d77 after release2 and 7,b7 in the flush at the end1 by inserting or of ,inbound ,,ems items described in subsection 7b77#i77;,d71 after 7,c714 7c7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjbj4 #c4 ,mandatory advance electronic information for postal shipments 7a7 ,mandatory advance electronic information 7#a7 ,in general ,section #cdc7;a77#c77,k7 of the ,trade ,act of #bjjb 7,public ,law #ajg-baj2 #ai ,u4,s4,c4 #bjga note7 is amended to read as follows3 7,k7 7i7 ,the ,secretary shall prescribe regulations requiring the ,united ,states ,postal ,service to transmit the information described in paragraphs 7#a7 and 7#b7 to the ,commissioner of ,u4,s4 ,customs and ,border ,protection for international mail shipments by the ,postal ,service 7including shipments to the ,postal ,service from foreign postal operators that are transported by private carrier7 consistent with the requirements of this subparagraph4 7ii7 ,in prescribing regulations under clause 7i71 the ,secretary shall impose requirements for the transmission to the ,commissioner of information described in paragraphs 7#a7 and 7#b7 for mail shipments described in clause 7i7 that are comparable to the requirements for the transmission of such information imposed on similar non-mail shipments of cargo1 taking into account the parameters set forth in subparagraphs 7,a7 through 7,j74 7iii7 ,the regulations prescribed under clause 7i7 shall require the transmission of the information described in paragraphs 7#a7 and 7#b7 with respect to a shipment as soon as practicable in relation to the transportation of the shipment1 consistent with subparagraph 7,h74 7iv7 ,regulations prescribed under clause 7i7 shall allow for the requirements for the transmission to the ,commissioner of information described in paragraphs 7#a7 and 7#b7 for mail shipments described in clause 7i7 to be implemented in phases1 as appropriate1 by-- 7,i7 setting incremental targets for increasing the percentage of such shipments for which information is required to be transmitted to the ,commissioner2 and 7,,ii7 taking into consideration-- 7aa7 the risk posed by such shipments2 7bb7 the volume of mail shipped to the ,united ,states by or through a particular country2 and 7cc7 the capacities of foreign postal operators to provide that information to the ,postal ,service4 7v7 7,i7 ,notwithstanding clause 7iv71 the ,postal ,service shall1 not later than ,december #ca1 #bjah1 arrange for the transmission to the ,commissioner of the information described in paragraphs 7#a7 and 7#b7 for not less than #gj percent of the aggregate number of mail shipments1 including #ajj percent of mail shipments from the ,people's ,republic of ,china1 described in clause 7i74 7,,ii7 ,if the requirements of subclause 7,i7 are not met1 the ,comptroller ,general of the ,united ,states shall submit to the appropriate congressional committees1 not later than ,june #cj1 #bjai1 a report-- 7aa7 assessing the reasons for the failure to meet those requirements2 and 7bb7 identifying recommendations to improve the collection by the ,postal ,service of the information described in paragraphs 7#a7 and 7#b74 7vi7 7,i7 ,notwithstanding clause 7iv71 the ,postal ,service shall1 not later than ,december #ca1 #bjbj1 arrange for the transmission to the ,commissioner of the information described in paragraphs 7#a7 and 7#b7 for #ajj percent of the aggregate number of mail shipments described in clause 7i74 7,,ii7 ,the ,commissioner1 in consultation with the ,postmaster ,general1 may determine to exclude a country from the requirement described in subclause 7,i7 to transmit information for mail shipments described in clause 7i7 from the country if the ,commissioner determines that the country-- 7aa7 does not have the capacity to collect and transmit such information2 7bb7 represents a low risk for mail shipments that violate relevant ,united ,states laws and regulations2 and 7cc7 accounts for low volumes of mail shipments that can be effectively screened for compliance with relevant ,united ,states laws and regulations through an alternate means4 7,,iii7 ,the ,commissioner shall1 at a minimum on an annual basis1 re-evaluate any determination made under subclause 7,,ii7 to exclude a country from the requirement described in subclause 7,i74 ,if1 at any time1 the ,commissioner determines that a country no longer meets the requirements under subclause 7,,ii71 the ,commissioner may not further exclude the country from the requirement described in subclause 7,i74 7,,iv7 ,the ,commissioner shall1 on an annual basis1 submit to the appropriate congressional committees-- 7aa7 a list of countries with respect to which the ,commissioner has made a determination under subclause 7,,ii7 to exclude the countries from the requirement described in subclause 7,i72 and 7bb7 information used to support such determination with respect to such countries4 7vii7 7,i7 ,the ,postmaster ,general shall1 in consultation with the ,commissioner1 refuse any shipments received after ,december #ca1 #bjbj1 for which the information described in paragraphs 7#a7 and 7#b7 is not transmitted as required under this subparagraph1 except as provided in subclause 7,,ii74 7,,ii7 ,if remedial action is warranted in lieu of refusal of shipments pursuant to subclause 7,i71 the ,postmaster ,general and the ,commissioner shall take remedial action with respect to the shipments1 including destruction1 seizure1 controlled delivery or other law enforcement initiatives1 or correction of the failure to provide the information described in paragraphs 7#a7 and 7#b7 with respect to the shipment4 7viii7 ,nothing in this subparagraph shall be construed to limit the authority of the ,secretary to obtain information relating to international mail shipments from private carriers or other appropriate parties4 7ix7 ,in this subparagraph1 the term appropriate congressional committees means-- 7,i7 the ,committee on ,finance and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,,ii7 the ,committee on ,ways and ,means1 the ,committee on ,oversight and ,government ,reform1 and the ,committee on ,homeland ,security of the ,house of ,representatives4 4 7#b7 ,joint strategic plan on mandatory advance information ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security and the ,postmaster ,general shall develop and submit to the appropriate congressional committees a joint strategic plan detailing specific performance measures for achieving-- 7,a7 the transmission of information as required by section #cdc7;a77#c77,k7 of the ,trade ,act of #bjjb1 as amended by paragraph 7#a72 and 7,b7 the presentation by the ,postal ,service to ,u4,s4 ,customs and ,border ,protection of all mail targeted by ,u4,s4 ,customs and ,border ,protection for inspection4 7b7 ,capacity building 7#a7 ,in general ,section #cdc7;a7 of the ,trade ,act of #bjjb 7,public ,law #ajg-baj2 #ai ,u4,s4,c4 #bjga note7 is amended by adding at the end the following3 7#e7 ,capacity building 7,a7 ,in general ,the ,secretary1 with the concurrence of the ,secretary of ,state1 and in coordination with the ,postmaster ,general and the heads of other ,federal agencies1 as appropriate1 may provide technical assistance1 equipment1 technology1 and training to enhance the capacity of foreign postal operators-- 7i7 to gather and provide the information required by paragraph 7#c77,k72 and 7ii7 to otherwise gather and provide postal shipment information related to-- 7,i7 terrorism2 7,,ii7 items the importation or introduction of which into the ,united ,states is prohibited or restricted1 including controlled substances2 and 7,,iii7 such other concerns as the ,secretary determines appropriate4 7,b7 ,provision of equipment and technology ,with respect to the provision of equipment and technology under subparagraph 7,a71 the ,secretary may lease1 loan1 provide1 or otherwise assist in the deployment of such equipment and technology under such terms and conditions as the ,secretary may prescribe1 including nonreimbursable loans or the transfer of ownership of equipment and technology4 4 7#b7 ,joint strategic plan on capacity building ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security and the ,postmaster ,general shall1 in consultation with the ,secretary of ,state1 jointly develop and submit to the appropriate congressional committees a joint strategic plan-- 7,a7 detailing the extent to which ,u4,s4 ,customs and ,border ,protection and the ,united ,states ,postal ,service are engaged in capacity building efforts under section #cdc7;a77#e7 of the ,trade ,act of #bjjb1 as added by paragraph 7#a72 7,b7 describing plans for future capacity building efforts2 and 7,c7 assessing how capacity building has increased the ability of ,u4,s4 ,customs and ,border ,protection and the ,postal ,service to advance the goals of this ,act and the amendments made by this ,act4 7c7 ,report and consultations by ,secretary of ,homeland ,security and ,postmaster ,general 7#a7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter until #c years after the ,postmaster ,general has met the requirement under clause 7vi7 of subparagraph 7,k7 of section #cdc7;a77#c7 of the ,trade ,act of #bjjb1 as amended by subsection 7a77#a71 the ,secretary of ,homeland ,security and the ,postmaster ,general shall1 in consultation with the ,secretary of ,state1 jointly submit to the appropriate congressional committees a report on compliance with that subparagraph that includes the following3 7,a7 ,an assessment of the status of the regulations required to be promulgated under that subparagraph4 7,b7 ,an update regarding new and existing agreements reached with foreign postal operators for the transmission of the information required by that subparagraph4 7,c7 ,a summary of deliberations between the ,united ,states ,postal ,service and foreign postal operators with respect to issues relating to the transmission of that information4 7,d7 ,a summary of the progress made in achieving the transmission of that information for the percentage of shipments required by that subparagraph4 7,e7 ,an assessment of the quality of that information being received by foreign postal operators1 as determined by the ,secretary of ,homeland ,security1 and actions taken to improve the quality of that information4 7,f7 ,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 information4 7,g7 ,a summary of the use of technology to detect illicit synthetic opioids and other illegal substances in international mail parcels and planned acquisitions and advancements in such technology4 7,h7 ,such other information as the ,secretary of ,homeland ,security and the ,postmaster ,general consider appropriate with respect to obtaining the transmission of information required by that subparagraph4 7#b7 ,consultations ,not later than #ahj days after the date of the enactment of this ,act1 and every #ahj days thereafter until the ,postmaster ,general has met the requirement under clause 7vi7 of section #cdc7;a77#c77,k7 of the ,trade ,act of #bjjb1 as amended by subsection 7a77#a71 to arrange for the transmission of information with respect to #ajj percent of the aggregate number of mail shipments described in clause 7i7 of that section1 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 shipments4 7d7 ,government ,accountability ,office report ,not later than ,june #cj1 #bjai1 the ,comptroller ,general of the ,united ,states shall submit to the appropriate congressional committees a report-- 7#a7 assessing the progress of the ,united ,states ,postal ,service in achieving the transmission of the information required by subparagraph 7,k7 of section #cdc7;a77#c7 of the ,trade ,act of #bjjb1 as amended by subsection 7a77#a71 for the percentage of shipments required by that subparagraph2 7#b7 assessing the quality of the information received from foreign postal operators for targeting purposes2 7#c7 assessing the specific percentage of targeted mail presented by the ,postal ,service to ,u4,s4 ,customs and ,border ,protection for inspection2 7#d7 describing the costs of collecting the information required by such subparagraph 7,k7 from foreign postal operators and the costs of implementing the use of that information2 7#e7 assessing the benefits of receiving that information with respect to international mail shipments2 7#f7 assessing the feasibility of assessing a customs fee under section #acjca7;b77#i7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe1 as amended by section #b1 on international mail shipments other than ,inbound ,express ,mail service in a manner consistent with the obligations of the ,united ,states under international agreements2 and 7#g7 identifying recommendations1 including recommendations for legislation1 to improve the compliance of the ,postal ,service with such subparagraph 7,k71 including an assessment of whether the detection of illicit synthetic opioids in the international mail would be improved by-- 7,a7 requiring the ,postal ,service to serve as the consignee for international mail shipments containing goods2 or 7,b7 designating a customs broker to act as an importer of record for international mail shipments containing goods4 7e7 ,technical correction ,section #cdc of the ,trade ,act of #bjjb 7,public ,law #ajg-baj2 #ai ,u4,s4,c4 #bjga note7 is amended in the section heading by striking advanced and inserting advance4 7f7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,finance and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#b7 the ,committee on ,ways and ,means1 the ,committee on ,oversight and ,government ,reform1 and the ,committee on ,homeland ,security of the ,house of ,representatives4 #d4 ,international postal agreements 7a7 ,existing agreements 7#a7 ,in general ,in the event that any provision of this ,act1 or any amendment made by this ,act1 is determined to be in violation of obligations of the ,united ,states under any postal treaty1 convention1 or other international agreement related to international postal services1 or any amendment to such an agreement1 the ,secretary of ,state should negotiate to amend the relevant provisions of the agreement so that the ,united ,states is no longer in violation of the agreement4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to permit delay in the implementation of this ,act or any amendment made by this ,act4 7b7 ,future agreements 7#a7 ,consultations ,before entering into1 on or after the date of the enactment of this ,act1 any postal treaty1 convention1 or other international agreement related to international postal services1 or any amendment to such an agreement1 that is related to the ability of the ,united ,states to secure the provision of advance electronic information by foreign postal operators1 the ,secretary of ,state should consult with the appropriate congressional committees 7as defined in section #c7;f774 7#b7 ,expedited negotiation of new agreement ,to the extent that any new postal treaty1 convention1 or other international agreement related to international postal services would improve the ability of the ,united ,states to secure the provision of advance electronic information by foreign postal operators as required by regulations prescribed under section #cdc7;a77#c77,k7 of the ,trade ,act of #bjjb1 as amended by section #c7;a77#a71 the ,secretary of ,state should expeditiously conclude such an agreement4 #e4 ,cost recoupment 7a7 ,in general ,the ,united ,states ,postal ,service shall1 to the extent practicable and otherwise recoverable by law1 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 operators4 7b7 ,costs not considered revenue ,the recovery of costs under subsection 7a7 shall not be deemed revenue for purposes of subchapter ,i and ,,ii of chapter #cf of title #ci1 ,united ,states ,code1 or regulations prescribed under that chapter4 #f4 ,development of technology to detect illicit narcotics 7a7 ,in general ,the ,postmaster ,general and the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 in coordination with the heads of other agencies as appropriate1 shall collaborate to identify and develop technology for the detection of illicit fentanyl1 other synthetic opioids1 and other narcotics and psychoactive substances entering the ,united ,states by mail4 7b7 ,outreach to private sector ,the ,postmaster ,general and the ,commissioner shall conduct outreach to private sector entities to gather information regarding the current state of technology to identify areas for innovation relating to the detection of illicit fentanyl1 other synthetic opioids1 and other narcotics and psychoactive substances entering the ,united ,states4 #g4 ,civil penalties for postal shipments ,section #dcf of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adcf7 is amended by adding at the end the following new subsection3 7e7 ,civil penalties for postal shipments 7#a7 ,civil penalty ,a civil penalty shall be imposed against the ,united ,states ,postal ,service if the ,postal ,service accepts a shipment in violation of section #cdc7;a77#c77,k77vii77,i7 of the ,trade ,act of #bjjb4 7#b7 ,modification of civil penalty 7,a7 ,in general ,u4,s4 ,customs and ,border ,protection shall reduce or dismiss a civil penalty imposed pursuant to paragraph 7#a7 if ,u4,s4 ,customs and ,border ,protection determines that the ,united ,states ,postal ,service-- 7i7 has a low error rate in compliance with section #cdc7;a77#c77,k7 of the ,trade ,act of #bjjb2 7ii7 is cooperating with ,u4,s4 ,customs and ,border ,protection with respect to the violation of section #cdc7;a77#c77,k77vii77,i7 of the ,trade ,act of #bjjb2 or 7iii7 has taken remedial action to prevent future violations of section #cdc7;a77#c77,k77vii77,i7 of the ,trade ,act of #bjjb4 7,b7 ,written notification ,u4,s4 ,customs and ,border ,protection shall issue a written notification to the ,postal ,service with respect to each exercise of the authority of subparagraph 7,a7 to reduce or dismiss a civil penalty imposed pursuant to paragraph 7#a74 7#c7 ,ongoing lack of compliance ,if ,u4,s4 ,customs and ,border ,protection determines that the ,united ,states ,postal ,service-- 7,a7 has repeatedly committed violations of section #cdc7;a77#c77,k77vii77,i7 of the ,trade ,act of #bjjb1 7,b7 has failed to cooperate with ,u4,s4 ,customs and ,border ,protection with respect to violations of section #cdc7;a77#c77,k77vii77,i7 of the ,trade ,act of #bjjb1 and 7,c7 has an increasing error rate in compliance with section #cdc7;a77#c77,k7 of the ,trade ,act of #bjjb1 civil penalties may be imposed against the ,united ,states ,postal ,service until corrective action1 satisfactory to ,u4,s4 ,customs and ,border ,protection1 is taken4 4 #h4 ,report on violations of arrival1 reporting1 entry1 and clearance requirements and falsity or lack of manifest 7a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit to the appropriate congressional committees an annual report that contains the information described in subsection 7b7 with respect to each violation of section #dcf of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adcf71 as amended by section #g1 and section #ehd of such ,act 7#ai ,u4,s4,c4 #aehd7 that occurred during the previous year4 7b7 ,information described ,the information described in this subsection is the following3 7#a7 ,the name and address of the violator4 7#b7 ,the specific violation that was committed4 7#c7 ,the location or port of entry through which the items were transported4 7#d7 ,an inventory of the items seized1 including a description of the items and the quantity seized4 7#e7 ,the location from which the items originated4 7#f7 ,the entity responsible for the apprehension or seizure1 organized by location or port of entry4 7#g7 ,the amount of penalties assessed by ,u4,s4 ,customs and ,border ,protection1 organized by name of the violator and location or port of entry4 7#h7 ,the amount of penalties that ,u4,s4 ,customs and ,border ,protection could have levied1 organized by name of the violator and location or port of entry4 7#i7 ,the rationale for negotiating lower penalties1 organized by name of the violator and location or port of entry4 7c7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,finance and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#b7 the ,committee on ,ways and ,means1 the ,committee on ,oversight and ,government ,reform1 and the ,committee on ,homeland ,security of the ,house of ,representatives4 #i4 ,effective date2 regulations 7a7 ,effective date ,this ,act and the amendments made by this ,act 7other than the amendments made by section #b7 shall take effect on the date of the enactment of this ,act4 7b7 ,regulations ,not later than one year after the date of the enactment of this ,act1 such regulations as are necessary to carry out this ,act and the amendments made by this ,act shall be prescribed4