[House Report 115-751]
[From the U.S. Government Publishing Office]
115th Congress } [ Report
HOUSE OF REPRESENTATIVES
2d Session } [ 115-751
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2851) TO AMEND THE
CONTROLLED SUBSTANCES ACT TO CLARIFY HOW CONTROLLED SUBSTANCE ANALOGUES
ARE TO BE REGULATED, AND FOR OTHER PURPOSES; PROVIDING FOR
CONSIDERATION OF THE BILL (H.R. 5735) TO AMEND THE UNITED STATES
HOUSING ACT OF 1937 TO ESTABLISH A DEMONSTRATION PROGRAM TO SET ASIDE
SECTION 8 HOUSING VOUCHERS FOR SUPPORTIVE AND TRANSITIONAL HOUSING FOR
INDIVIDUALS RECOVERING FROM OPIOID USE DISORDERS OR OTHER SUBSTANCE USE
DISORDERS, AND FOR OTHER PURPOSES; AND PROVIDING FOR CONSIDERATION OF
THE BILL (H.R. 5788) 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
_______
June 12, 2018.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Buck, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 934]
The Committee on Rules, having had under consideration
House Resolution 934, by a record vote of 7 to 4, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2851, the
Stop the Importation and Trafficking of Synthetic Analogues Act
of 2017, under a structured rule. The resolution provides one
hour of general debate equally divided and controlled by the
chair and ranking minority member of the Committee on the
Judiciary. The resolution waives all points of order against
consideration of the bill. The resolution makes in order as
original text for the purpose of amendment an amendment in the
nature of a substitute consisting of the text of Rules
Committee Print 115-74 and provides that it shall be considered
as read. The resolution waives all points of order against that
amendment in the nature of a substitute. The resolution makes
in order only those further amendments printed in part A of
this report. Each such amendment may be offered only in the
order printed in this report, may be offered only by a Member
designated in this report, shall be considered as read, shall
be debatable for the time specified in this report equally
divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question in the House or in the
Committee of the Whole. The resolution waives all points of
order against the amendments printed in part A of this report.
The resolution provides one motion to recommit with or without
instructions.
Section 2 of the resolution provides for consideration of
H.R. 5735, the Transitional Housing for Recovery in Viable
Environments Demonstration Program Act, under a structured
rule. The resolution provides one hour of general debate
equally divided and controlled by the chair and ranking
minority member of the Committee on Financial Services. The
resolution waives all points of order against consideration of
the bill. The resolution makes in order as original text for
the purpose of amendment an amendment in the nature of a
substitute consisting of the text of Rules Committee Print 115-
73 and provides that it shall be considered as read. The
resolution waives all points of order against that amendment in
the nature of a substitute. The resolution makes in order only
those further amendments printed in part B of this report. Each
such amendment may be offered only in the order printed in this
report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole. The
resolution waives all points of order against the amendments
printed in part B of this report. The resolution provides for
one motion to recommit with or without instructions.
Section 3 of the resolution provides for consideration of
H.R. 5788, the Securing the International Mail Against Opioids
Act of 2018, under a closed rule. The resolution provides one
hour of debate equally divided and controlled by the chair and
ranking minority member of the Committee on Ways and Means. The
resolution waives all points of order against consideration of
the bill. The resolution provides that the amendment printed in
part C of this report, modified by the amendment printed in
part D of this report, shall be considered as adopted and the
bill, as amended, shall be considered as read. The resolution
waives all points of order against provisions in the bill, as
amended. The resolution provides one motion to recommit with or
without instructions.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of H.R. 2851, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendment in the nature of the substitute to H.R. 2851 made
in order as original text, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part A of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.
The waiver of all points of order against consideration of
H.R. 5735, includes a waiver of clause 3(d)(1) of rule XIII,
which requires the inclusion of a committee cost estimate. It
is important to note that while a Congressional Budget Office
(CBO) cost estimate on H.R. 5735 was not available at the time
the Committee on Financial Services filed its report, a CBO
cost estimate has since been made publicly available.
Although the resolution waives all points of order against
the amendment in the nature of a substitute to H.R. 5735 made
in order as original text, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part B of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.
Although the resolution waives all points of order against
consideration of H.R. 5788, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
provisions in H.R. 5788, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 233
Motion by Mr. Polis to make in order and provide the
appropriate waivers to amendment #10, offered by Rep. Pocan
(WI) and Rep. Gosar (AZ) and Rep. Polis (CO), which prevents
the Secretary from placing a natural botanical substance under
new Scheduling authority, and would require Secretary to use
existing scheduling proceedings under the Controlled Substances
Act, if supported by existing medical and scientific facts.
Defeated: 4-6
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................ ............ Mr. McGovern...................... Yea
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Burgess..................................... Nay Mr. Polis......................... Yea
Mr. Collins..................................... Nay Mrs. Torres....................... Yea
Mr. Byrne....................................... ............
Mr. Newhouse.................................... Nay
Mr. Buck........................................ ............
Ms. Cheney...................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 234
Motion by Mr. Polis to make in order and provide the
appropriate waivers to amendment #7, offered by Rep. Polis (CO)
and Rep. Correa (CA), which requires the VA to study medicinal
marijuana as an alternative treatment option to prescription
opioids. Defeated: 4-7
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................ ............ Mr. McGovern...................... Yea
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Burgess..................................... Nay Mr. Polis......................... Yea
Mr. Collins..................................... Nay Mrs. Torres....................... Yea
Mr. Byrne....................................... ............
Mr. Newhouse.................................... Nay
Mr. Buck........................................ Nay
Ms. Cheney...................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 235
Motion by Mr. Woodall to report the rule. Adopted: 7-4
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................ ............ Mr. McGovern...................... Nay
Mr. Woodall..................................... Yea Mr. Hastings of Florida........... Nay
Mr. Burgess..................................... Yea Mr. Polis......................... Nay
Mr. Collins..................................... Yea Mrs. Torres....................... Nay
Mr. Byrne....................................... ............
Mr. Newhouse.................................... Yea
Mr. Buck........................................ Yea
Ms. Cheney...................................... Yea
Mr. Sessions, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENTS TO H.R. 2851 IN PART A MADE IN ORDER
1. Griffith (VA), Raskin (MD), Jackson Lee (TX):
Incorporates an inter-agency agreement transmitted to Congress
by the Office of National Drug Control Policy (ONDCP), the U.S.
Department of Health and Human Services (HHS) and the U.S.
Department of Justice (DOJ). Specifically, the amendment
clarifies when the Attorney General can temporarily and
permanently schedule a drug or substance to the newly created
schedule A and prevents the Attorney General from permanently
scheduling that drug or substance if the Secretary of HHS
determines that there is not sufficient potential for abuse.
The amendment also clarifies under what circumstances an
applicant for a schedule A registration may continue to conduct
research with such schedule A substance while their application
is pending, among their research accommodations. (10 minutes)
2. Jackson Lee (TX): Strikes sentencing commission
provision. (10 minutes)
3. Maloney, Sean (NY): Requires the Drug Enforcement
Administration to make available a report on controlled
substance analogues sold by means of the internet. (10 minutes)
4. Thornberry (TX): Specifies the factors to determine
whether a controlled substance analogue is intended for human
consumption, thus making it easier for law enforcement and
health officials to take action against synthetic drug
manufacturers, distributors, and sellers. (10 minutes)
SUMMARY OF THE AMENDMENTS TO H.R. 5735 IN PART B MADE IN ORDER
1. Barr (KY): Clarifies selection requirements for eligible
entities, removes recovery treatment time limits, and makes
additional technical changes. (10 minutes)
2. Rohrabacher (CA), Barr (KY): Alters the application
section to require eligible entities to provide proof to the
Secretary that the supportive housing facilities to which they
provide financial assistance have authorization to operate by
the local government with jurisdiction over that zone. (10
minutes)
3. Moore, Gwen (WI): Addresses the devastating opioid
crisis in tribal communities by ensuring that tribal housing
authorities are designated as eligible entities to receive
vouchers and ensuring that the selection criteria for awarding
vouchers reflects the impact that opioids is having in tribal
communities. (10 minutes)
4. Biggs (AZ): Removes a requirement to include
recommendations for further continuation and expansion of the
voucher program in a report to Congress. (10 minutes)
SUMMARY OF THE AMENDMENT TO H.R. 5788 IN PART C CONSIDERED AS ADOPTED
1. Bishop, Mike (MI), Reichert (WA), Faso (NY): SUBSTITUTE
Changes the title of the bill to the ``Synthetics Trafficking
and Overdose Prevention Act of 2018'' and further strengthens
the requirement for the U.S. Postal Service (USPS) to transmit
advance electronic data (AED) to Customs and Border Protection
(CBP) in several significant ways: (1) Expedites the second
deadline for the U.S. Postal Service (USPS) to transmit advance
electronic data (AED) from 95% by December 31, 2022 to 100% by
December 21, 2020; (2) Removes the waivers (``foreign
capacity,'' ``extraordinary reasons,'' and ``national security
interest'') from the obligation to transmit AED; and (3)
establishes civil penalties if USPS accepts international mail
shipments without AED after December 31, 2020.
SUMMARY OF THE AMENDMENT TO H.R. 5788 IN PART D CONSIDERED AS ADOPTED
1. Bishop, Mike (MI): Allows a limited waiver from the
requirement to provide 100 percent of data electronically for
any country if the Commissioner determines that country: (1)
does not have the capacity to collect and transmit advance
electronic data; (2) represents a low risk for shipments that
violate relevant U.S. laws and regulations; and (3) accounts
for low volumes of mail shipments that can be effectively
screened for compliance with relevant U.S. laws and regulations
through an alternate means; Gives the Commissioner additional
discretion to modify penalties upon making the findings already
listed in the amendment.
PART A--TEXT OF AMENDMENTS TO H.R. 5851 MADE IN ORDER
1. An Amendment To Be Offered by Representative Griffith of Virginia or
His Designee, Debatable for 10 Minutes
Page 3, strike lines 3 through 6, and insert the following:
``(i) the chemical structure and--
``(I) the structure activity
relationships; or
``(II) binding receptor
assays and other relevant
scientific information about
the substance;''.
Page 3, line 17, strike ``subsection (c)--'' and insert
``subsection (c), in the matter preceding schedule I, by
striking `IV, and V' and inserting `IV, V, and A'''.
Beginning on page 3, strike line 18 and all that follows
through page 4, line 12.
Page 5, beginning on line 2, strike ``or misuse''.
Page 5, strike line 23 and all that follows through page 6,
line 5, and insert the following:
``(5)(A) Beginning no earlier than 3 years after
issuing an order temporarily scheduling a drug or other
substance under this subsection, the Attorney General
may, by rule, issue a permanent order adding a drug or
other substance to schedule A if such drug or substance
satisfies the criteria for being considered a
controlled substance in schedule A under this
subsection, except as provided in subparagraph (B).
``(B) If the Secretary has determined, based on
relevant scientific studies and necessary data
requested by the Secretary and gathered by the Attorney
General, that a drug or other substance that has been
temporarily placed in schedule A does not have
sufficient potential for abuse to warrant control in
any schedule, and so advises the Attorney General in
writing, the Attorney General may not issue a permanent
scheduling order under subparagraph (A) and shall,
within 30 days of receiving the Secretary's advice
issue an order immediately terminating the temporary
scheduling order.''.
Page 6, line 7, strike ``or (5)''.
Page 6, line 8, strike ``an order'' and insert ``a temporary
order''.
Page 6, line 10, strike ``or (5)''.
Page 15, line 9, strike ``Not later'' and insert ``(A) Not
later''.
Page 15, after line 15 insert the following:
``(B)(i) If an applicant described in
subparagraph (A) is registered pursuant to
subsection (f) to conduct research with a
controlled substance in schedule I or II on the
date on which another substance is placed in
schedule A, the applicant may, subject to
clause (iii), conduct research with that other
controlled substance in schedule A while the
application for registration pursuant to
subparagraph (A) is pending.
``(ii) If an applicant described in
subparagraph (A) is registered pursuant to
subsection (f) as described in clause (i) to
conduct research with a controlled substance in
schedule III, IV, or V on the date on which
another substance is placed in schedule A, the
applicant may, subject to clause (iii), conduct
research with that other controlled substance
in schedule A while the application for
registration pursuant to subparagraph (A) is
pending, provided the substance for which the
applicant is registered to conduct research is
in the same schedule as, or a less-restricted
schedule than, the controlled substance whose
similarity in chemical structure and actual or
predicted effect to the controlled substance in
schedule A formed the basis for placement of
the substance in schedule A, as set forth in
the order published in the Federal Register
placing the substance in schedule A.
``(iii) The permission to conduct research
pursuant to clause (i) or clause (ii) is
conditional on the applicant's complying with
the registration and other requirements for
controlled substances in schedule A.
``(iv) This subparagraph does not apply to
applicants registered pursuant to subsection
(f) whose authorization to conduct research
with any controlled substances is limited to
doing so as a coincident activity pursuant to
applicable regulations of the Attorney
General.''.
Page 16, line 19, insert after the period the following:
``The 60-day period under subsection (m)(2)(A) shall be tolled
during the period beginning on the date on which the Attorney
General refers an application to the Secretary under this
paragraph, and ending on the date on which the Secretary
submits a determination related to such referal to the Attorney
General.''.
Page 16, beginning on line 20, strike ``If the applicant''
through ``this paragraph.'' on page 17, line 1, and insert the
following: ``An applicant who meets the criteria under
subsection (m)(1)(B) with respect to a particular schedule A
controlled substance shall be considered qualified to conduct
research with that substance. The Attorney General shall modify
such applicant's registration to include such schedule A
controlled substance in accordance with this paragraph.''.
----------
2. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes
Strike section 9 (and redesignate provisions accordingly).
----------
3. An Amendment To Be Offered by Representative Sean Maloney of New
York or His Designee, Debatable for 10 Minutes
At the end of the committee print, add the following new
section:
SEC. 12. REPORT ON CONTROLLED SUBSTANCE ANALOGUES SOLD BY MEANS OF THE
INTERNET.
Not later than one year after the date of the enactment of
this Act, and annually thereafter, the Administrator of the
Drug Enforcement Administration shall make publicly available
on the website of the Drug Enforcement Administration a report
on, for the previous year, the lawful and unlawful sale of
controlled substance analogues (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)) by means of the
Internet, including the following information:
(1) The types of controlled substance analogues that
were sold, and the number of sales for each such
substance.
(2) The name of each person, entity, or Internet
site, whether in the United States or abroad, that
knowingly or intentionally delivers, distributes, or
dispenses, or offers or attempts to deliver,
distribute, or dispense, a controlled substance
analogue by means of the Internet, whether lawfully or
unlawfully.
(3) An estimate of the total revenue for all of the
vendors described in paragraph (2) for all of the sales
described in paragraph (1).
----------
4. An Amendment To Be Offered by Representative Thornberry of Texas or
His Designee, Debatable for 10 Minutes
At the end of the committee print, add the following new
section:
SEC. 12. CONTROLLED SUBSTANCE ANALOGUES.
Section 203 of the Controlled Substances Act (21 U.S.C. 813)
is amended--
(1) by striking ``A controlled'' and inserting ``(a)
In General.--A controlled''; and
(2) by adding at the end the following:
``(b) Determination.--In determining whether a controlled
substance analogue was intended for human consumption under
subsection (a), the following factors may be considered, along
with any other relevant factors:
``(1) The marketing, advertising, and labeling of the
substance.
``(2) The known efficacy or usefulness of the
substance for the marketed, advertised or labeled
purpose.
``(3) The difference between the price at which the
substance is sold and the price at which the substance
it is purported to be or advertised as is normally
sold.
``(4) The diversion of the substance from legitimate
channels and the clandestine importation, manufacture,
or distribution of the substance.
``(5) Whether the defendant knew or should have known
the substance was intended to be consumed by injection,
inhalation, ingestion, or any other immediate means.
``(6) Any controlled substance analogue that is
manufactured, formulated, sold, distributed, or
marketed with the intent to avoid the provisions of
existing drug laws.
``(c) Limitation.--For purposes of this section, evidence
that a substance was not marketed, advertised, or labeled for
human consumption, by itself, shall not be sufficient to
establish that the substance was not intended for human
consumption.''.
PART B--TEXT OF AMENDMENTS TO H.R. 5735 MADE IN ORDER
1. An Amendment To Be Offered by Representative Barr of Kentucky or His
Designee, Debatable for 10 Minutes
Page 1, line 7, strike ``AND TRANSITIONAL''.
Page 1, line 15, strike ``and transitional''.
Page 2, line 11, strike ``and transitional''.
Page 2, line 14, strike ``job skills training'' and insert
``coordination with workforce development providers''.
Page 2, lines 15 and 16, strike ``for a period of 12 to 24
months'' and insert ``, as determined by the entity''.
Page 2, lines 18 and 19, strike ``for each of fiscal years
2019 through 2023'' and insert ``for fiscal year 2019''.
Page 2, line 22, strike ``allocated'' and insert ``renewed''.
Page 3, lines 5 and 6, strike ``a job skills training
program'' and insert ``demonstrate the ability to coordinate
with workforce development providers''.
Page 3, line 13, strike ``transitional'' and insert
``supportive''.
Page 4, line 4, strike ``job skills training'' and insert
``coordination with workforce development providers''.
Page 4, line 15, strike ``job skills training'' and insert
``coordination with workforce development opportunities''.
Page 5, line 3, strike ``and''.
Page 5, after line 3, insert the following:
``(III) have adequate
resources for treatment,
recovery, and supportive
services;
``(IV) fully comply with the
Fair Housing Act (42 U.S.C.
3601 et seq.) and the Civil
Rights Act of 1964 (42 U.S.C.
2000a et seq.); and''.
Page 5, line 4, strike ``(III)'' and insert ``(V)''.
Page 5, line 12, before the dash insert ``, in consultation
with the Secretary of Health and Human Services and the
Secretary of Labor''.
Page 5, line 17, before ``opioid'' insert ``illicit''.
Page 5, strike lines 19 through 25 and insert the following:
``(II) the coordination with
workforce development providers
by the eligible entity;
``(III) the percentage of
participants in unsubsidized
employment during the second
and fourth calendar quarter
after exit from the program;''.
Page 6, strike ``that--'' in line 3 and all that follows
through ``do not'' in line 4 and insert ``that do not''.
Page 6, line 6, strike ``; and'' and insert a period.
Page 6, strike lines 7 through 12.
Page 6, line 13, strike ``Transfer'' and insert
``Reissuance''.
Page 6, after line 23, insert the following:
``(H) Waivers.--The Secretary may, through
publication of a notice in the Federal
Register, waive or specify alternative
requirements for any provision of statue or
regulation governing the use of vouchers under
this subsection (except for requirements
relating to fair housing, nondiscrimination,
labor standards, or the environment) upon a
finding by the Secretary that such waiver or
alternative requirement is necessary for the
purposes of this paragraph.''.
Page 6, line 24, strike ``(H)'' and insert ``(I)''.
Page 8, line 11, strike ``(I)'' and insert ``(J)''.
Page 9, line 1, strike ``RETURN OF VOUCHERS'' and insert
``DEMONSTRATION CLOSE-OUT''.
Page 9, line 6, strike ``on'' and insert ``not later than''.
Page 9, line 8, before the period insert ``for use only for
renewals of expiring contracts for such assistance''.
Page 9, after line 8, add the following new section:
SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to
carry out the requirements of this Act and the amendments made
by this Act. Such requirements shall be carried out using
amounts otherwise authorized to be appropriated.
----------
2. An Amendment To Be Offered by Representative Rohrabacher of
California or His Designee, Debatable for 10 Minutes
Page 4, line 10, strike ``and''.
Page 4, line 17, strike the period and insert ``; and''.
Page 4, after line 17, insert the following:
``(iii) evidence sufficient to
demonstrate that the local government
having jurisdiction over the location
of any supportive housing facility to
be used by the eligible entity in
connection with the demonstration
program under this paragraph permits
such facilities in such location.''.
----------
3. An Amendment To Be Offered by Representative Moore of Wisconsin or
Her Designee, Debatable for 10 Minutes
Page 5, line 3, strike ``; and'' and insert ``, including
tribal communities;''.
Page 5, after line 3, insert the following:
``(III) appropriately reflect
the impact that opioids are
having in tribal communities;
and''.
Page 5, line 4, strike ``(III)'' and insert ``(IV)''.
Page 8, line 13, after ``means'' insert the following: ``a
tribally designated housing entity (as such term is defined in
section 4 of the Native American Housing and Self-Determination
Act of 1996 (24 U.S.C. 4103)), or''.
Page 8, line 14, after ``tion'' insert a comma.
----------
4. An Amendment To Be Offered by Representative Biggs of Arizona or His
Designee, Debatable for 10 Minutes
Page 8, strike ``, that includes'' in line 6 and all that
follows through ``such assistance'' in line 10.
PART C--TEXT OF AMENDMENT TO H.R. 5788 CONSIDERED AS ADOPTED
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Synthetics
Trafficking and Overdose Prevention Act of 2018'' or ``STOP 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. Civil penalties for postal shipments.
Sec. 8. Report on violations of arrival, reporting, entry, and clearance
requirements and falsity or lack of manifest.
Sec. 9. Effective date; regulations.
SEC. 2. CUSTOMS FEES.
(a) In General.--Section 13031(b)(9) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9))
is amended by adding at the end the following:
``(D)(i) 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' (as that service is described in the mail
classification schedule referred to in section 3631 of
title 39, United States Code), the following payments
are required:
``(I) $1 per Inbound EMS item.
``(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 reimbursement
of U.S. Customs and Border Protection for customs
services provided in connection with the processing 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
payments shall be paid on a quarterly basis by
the United States Postal Service to the
Commissioner 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 processing of Inbound EMS items.
``(bb) 50 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 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 deposited in accordance with the
preceding sentence shall be available until expended
for the provision of such services.
``(III) Payments retained by the Postal Service under
subclause (I)(bb) 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 items.
``(iv) Beginning in fiscal year 2021, the Secretary,
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 provided in
connection with the customs processing of Inbound EMS
items, consistent with the obligations of the United
States under international agreements.''.
(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
(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 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) 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).
``(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 a shipment pursuant to
subclause (I), the Postmaster General and the
Commissioner shall take remedial action with
respect to the shipment, 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
shipment.
``(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 one 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 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 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 2, 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.
SEC. 4. INTERNATIONAL POSTAL AGREEMENTS.
(a) Existing Agreements.--
(1) In general.--In the event that any provision of
this Act, or any amendment made by this Act, is
determined to be in violation of obligations of the
United States under any postal treaty, convention, or
other international agreement related to international
postal services, or any amendment to such an agreement,
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 agreement.
(2) 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 Act.
(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 is related to the
ability of the United States to secure the provision of
advance electronic information by foreign postal
operators, the Secretary of State should consult with
the appropriate congressional committees (as defined in
section 3(f)).
(2) Expedited negotiation of new agreement.--To the
extent that any new postal treaty, convention, 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 343(a)(3)(K) of
the Trade Act of 2002, as amended by section 3(a)(1),
the Secretary 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 operators.
(b) Costs Not Considered Revenue.--The recovery of costs
under subsection (a) shall not be deemed revenue 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 ILLICIT 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 appropriate, shall collaborate to
identify and develop technology for the detection of illicit
fentanyl, other synthetic opioids, and other narcotics and
psychoactive substances entering the United States by mail.
(b) 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 fentanyl, other synthetic opioids, and
other narcotics and psychoactive substances entering the United
States.
SEC. 7. CIVIL PENALTIES FOR POSTAL SHIPMENTS.
Section 436 of the Tariff Act of 1930 (19 U.S.C. 1436) is
amended by adding at the end the following new subsection:
``(e) Civil Penalties for Postal Shipments.--
``(1) 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 343(a)(3)(K)(vii)(I) of the Trade Act of 2002.
``(2) Modification of civil penalty.--
``(A) In general.--U.S. Customs and Border
Protection shall reduce or dismiss a civil
penalty imposed pursuant to paragraph (1) if
U.S. Customs and Border Protection determines
that the United States Postal Service--
``(i) has a low error rate in
compliance with section 343(a)(3)(K) of
the Trade Act of 2002;
``(ii) is cooperating with U.S.
Customs and Border Protection with
respect to the violation of section
343(a)(3)(K)(vii)(I) of the Trade Act
of 2002; and
``(iii) has taken remedial action to
prevent future violations of section
343(a)(3)(K)(vii)(I) of the Trade Act
of 2002.
``(B) Written notification.--U.S. Customs and
Border Protection shall issue a written
notification to the Postal Service with respect
to each exercise of the authority of
subparagraph (A) to reduce or dismiss a civil
penalty imposed pursuant to paragraph (1).
``(3) Ongoing lack of compliance.--If U.S. Customs
and Border Protection determines that the United States
Postal Service--
``(A) has repeatedly committed violations of
section 343(a)(3)(K)(vii)(I) of the Trade Act
of 2002,
``(B) has failed to cooperate with U.S.
Customs and Border Protection with respect to
violations of section 343(a)(3)(K)(vii)(I) of
the Trade Act of 2002, or
``(C) has an increasing error rate in
compliance with section 343(a)(3)(K) of the
Trade Act of 2002,
civil penalties shall be imposed against the United
States Postal Service until corrective action,
satisfactory to U.S. Customs and Border Protection, is
taken.''.
SEC. 8. REPORT ON VIOLATIONS OF ARRIVAL, REPORTING, ENTRY, AND
CLEARANCE REQUIREMENTS AND FALSITY OR LACK OF
MANIFEST.
(a) In General.--The Commissioner of U.S. Customs and Border
Protection shall submit to the appropriate congressional
committees an annual report that contains the information
described in subsection (b) with respect to each violation of
section 436 of the Tariff Act of 1930 (19 U.S.C. 1436), as
amended by section 7, and section 584 of such Act (19 U.S.C.
1584) that occurred during the previous year.
(b) Information Described.--The information described in this
subsection is the following:
(1) The name and address of the violator.
(2) The specific violation that was committed.
(3) The location or port of entry through which the
items were transported.
(4) An inventory of the items seized, including a
description of the items and the quantity seized.
(5) The location from which the items originated.
(6) The entity responsible for the apprehension or
seizure, organized by location or port of entry.
(7) The amount of penalties assessed by U.S. Customs
and Border Protection, organized by name of the
violator and location or port of entry.
(8) The amount of penalties that U.S. Customs and
Border Protection could have levied, organized by name
of the violator and location or port of entry.
(9) The rationale for negotiating lower penalties,
organized by name of the violator and location or port
of entry.
(c) 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.
SEC. 9. EFFECTIVE DATE; REGULATIONS.
(a) Effective Date.--This Act and the amendments 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.
PART D--TEXT OF AMENDMENT TO H.R. 5788 CONSIDERED AS ADOPTED
Page 2, line 16, strike ``clause (i)'' and insert ``clause
(i)(I)''.
Page 7, line 24, strike ``(vi)'' and insert ``(vi)(I)''.
Page 8, after line 5, insert the following:
(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.
Page 8, line 14, strike ``a shipment'' and insert
``shipments''.
Page 8, line 17, strike ``shipment'' and insert
``shipments''.
Page 8. line 21, strike ``shipment'' and insert
``shipments''.
Page 20, line 13, strike ``and'' and insert ``or''.
Page 21, line 10, strike ``or'' and insert ``and''.
Page 21, line 14, strike ``shall'' and insert ``may''.
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