Sec. 8003. MANDATORY ADVANCE ELECTRONIC INFORMATION FOR POSTAL SHIPMENTS
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## SEC. 8003 MANDATORY ADVANCE ELECTRONIC INFORMATION FOR POSTAL SHIPMENTS ###
(a)Mandatory Advance Electronic Information ####
(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 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 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 requirements 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 subparagraphs
(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). > > > ###### “(iv) > > Regulations prescribed under clause
(i)shall allow for the requirements for the transmission to the Commissioner of information described in paragraphs
(1)and
(2)for mail shipments described in clause
(i)to be implemented in phases, as appropriate, by— > > > ###### “(I) > > setting incremental targets for increasing 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 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 information to the Postal Service. > > > ###### “(v) > > > ######
(I)> > Notwithstanding clause (iv), the Postal Service shall, not later than December 31, 2018, arrange for the transmission to the Commissioner of the information described in paragraphs
(1)and
(2)for not less than 70 percent of the aggregate number of mail shipments, including 100 percent of mail shipments from the People’s Republic of China, described in clause (i). > > > ###### “(II) > > 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 June 30, 2019, a report— > > > ###### “(aa) > > assessing the reasons for the failure to meet those requirements; and > > > ###### “(bb) > > identifying recommendations to improve the collection by the Postal Service of the information described in paragraphs
(1)and (2). > > > ###### “(vi) > > > ######
(I)> > Notwithstanding clause (iv), the Postal Service shall, not later than December 31, 2020, arrange for the transmission to the Commissioner of the information described in paragraphs
(1)and
(2)for 100 percent of the aggregate number of mail shipments described in clause (i). > > > ###### “(II) > > The Commissioner, in consultation with the Postmaster General, may determine to exclude a country from the requirement described in subclause
(I)to transmit information for mail shipments described in clause
(i)from the country if the Commissioner determines that the country— > > > ###### “(aa) > > does not have the capacity to collect and transmit such information; > > > ###### “(bb) > > represents a low risk for mail shipments that violate relevant United States laws and regulations; and > > > ###### “(cc) > > accounts for low volumes of mail shipments that can be effectively screened for compliance with relevant United States laws and regulations through an alternate means. > > > ###### “(III) > > The Commissioner shall, at a minimum on an annual basis, re-evaluate any determination made under subclause
(II)to exclude a country from the requirement described in subclause (I). If, at any time, the Commissioner determines that a country no longer meets the requirements under subclause (II), the Commissioner may not further exclude the country from the requirement described in subclause (I). > > > ###### “(IV) > > The Commissioner shall, on an annual basis, submit to the appropriate congressional committees— > > > ###### “(aa) > > a list of countries with respect to which the Commissioner has made a determination under subclause
(II)to exclude the countries from the requirement described in subclause (I); and > > > ###### “(bb) > > information used to support such determination with respect to such countries. > > > ###### “(vii) > > > ######
(I)> > The Postmaster General shall, in consultation with the Commissioner, refuse any shipments received after December 31, 2020, for which the information described in paragraphs
(1)and
(2)is not transmitted as required under this subparagraph, except as provided in subclause (II). > > > ###### “(II) > > If remedial action is warranted in lieu of refusal of shipments pursuant to subclause (I), the Postmaster General and the Commissioner shall take remedial action with respect to the shipments, including destruction, seizure, controlled delivery or other law enforcement initiatives, or correction of the failure to provide the information described in paragraphs
(1)and
(2)with respect to the shipments. > > > ###### “(viii) > > 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 parties. > > > ###### “(ix) > > In this subparagraph, the term ‘appropriate 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, the Committee on Oversight and Government Reform, and the Committee on Homeland Security 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 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— #####
(A)the transmission of information as required 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 Protection 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 appropriate, may provide technical assistance, equipment, technology, and training to enhance the capacity of foreign postal operators— > > > ###### “(i) > > to gather and provide the information required by paragraph (3)(K); and > > > ###### “(ii) > > to otherwise gather and provide postal shipment information related to— > > > ###### “(I) > > terrorism; > > > ###### “(II) > > items the importation or introduction of which into the United States is prohibited or restricted, including 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 1 year after the date of the enactment of this Act, the Secretary of Homeland Security and the Postmaster General shall, in consultation with the Secretary of State, jointly develop and submit to the appropriate congressional committees a joint strategic plan— #####
(A)detailing the extent to which U.S. Customs and Border Protection and the United States Postal Service are engaged in capacity 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 increased the ability of U.S. Customs and Border Protection and the Postal Service to advance the goals of this subtitle and the amendments made by this subtitle. ###
(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 General 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 congressional committees a report on compliance with that subparagraph that includes the following: #####
(A)An assessment of the status of the regulations required to be promulgated under that subparagraph. #####
(B)An update regarding new and existing agreements reached with foreign postal operators for the transmission of the information required 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 operators, as determined by the Secretary of Homeland Security, and actions taken to improve 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 planned acquisitions and advancements in such technology. #####
(H)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 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 General 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 100 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 Report Not later than June 30, 2019, the Comptroller General of the United States shall submit to the appropriate congressional committees a report— ####
(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 received from foreign postal operators for targeting purposes; ####
(3)assessing the specific percentage of targeted mail presented by the Postal Service to U.S. Customs and Border Protection for inspection; ####
(4)describing the costs of collecting the information required by such subparagraph
(K)from foreign postal operators and the costs of implementing the use of that information; ####
(5)assessing the benefits of receiving that information with respect to international mail shipments; ####
(6)assessing the feasibility of assessing a customs fee under section 13031(b)(9) of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended by section 8002, on international mail shipments other than Inbound Express Mail service in a manner consistent with the obligations of the United States under international agreements; and ####
(7)identifying recommendations, including recommendations for legislation, to improve the compliance of the Postal Service with such subparagraph (K), including an assessment of whether the detection 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 “advanced” and inserting “advance”. ###
(f)Appropriate Congressional Committees Defined In this section, the term “appropriate congressional committees” means— ####
(1)the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate; and ####
(2)the Committee on Ways and Means, the Committee on Oversight and Government Reform, and the Committee on Homeland Security of the House of Representatives.
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- Pub. L. 107-210
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Sec. 8003
MANDATORY ADVANCE ELECTRONIC INFORMATION FOR POSTAL SHIPMENTS
Pub. L.Pub. L. 107-210
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