[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 372 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 372

  To amend the Tariff Act of 1930 to ensure that merchandise arriving 
through the mail shall be subject to review by U.S. Customs and Border 
     Protection and to require the provision of advance electronic 
information on shipments of mail to U.S. Customs and Border Protection 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 14, 2017

  Mr. Portman (for himself, Ms. Klobuchar, Mr. Rubio, and Ms. Hassan) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend the Tariff Act of 1930 to ensure that merchandise arriving 
through the mail shall be subject to review by U.S. Customs and Border 
     Protection and to require the provision of advance electronic 
information on shipments of mail to U.S. Customs and Border Protection 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Synthetics Trafficking and Overdose 
Prevention Act of 2017'' or the ``STOP Act of 2017''.

SEC. 2. FORMAL ENTRY REQUIREMENTS--POSTAL SERVICE AS CONSIGNEE.

    Subparagraph (B) of section 484(a)(2) of the Tariff Act of 1930 (19 
U.S.C. 1484(a)(2)(B)) is amended to read as follows:
            ``(B)(i) When an entry of merchandise is made under this 
        section, the required documentation or information shall be 
        filed or electronically transmitted--
                    ``(I) by the owner or purchaser of the merchandise; 
                or
                    ``(II) when appropriately designated by the owner, 
                purchaser, or consignee of the merchandise, by a person 
                holding a valid license under section 641.
            ``(ii) The Postmaster General shall be deemed the consignee 
        for merchandise, as defined by section 498(c), imported through 
        the mail, and the Postmaster General shall, at the Postmaster 
        General's sole expense, designate a person holding a valid 
        license under section 641 to file the required documentation or 
        information or ensure that the owner or purchaser of the 
        merchandise or a person holding a valid license under section 
        641 that is designated by the owner or purchaser files the 
        required documentation or information.
            ``(iii) When a consignee declares on entry that he or she 
        is the owner or purchaser of merchandise, U.S. Customs and 
        Border Protection may, without liability, accept the 
        declaration.
            ``(iv) For the purposes of this Act, the importer of record 
        must be one of the parties who is eligible to file the 
        documentation or information required by this section.''.

SEC. 3. INFORMAL ENTRIES.

    Section 498 of the Tariff Act of 1930 (19 U.S.C. 1498) is amended 
by adding at the end the following:
    ``(c) Application to Postal Shipments.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Document.--The term `document' means a piece 
                of written, drawn, printed, or digital information, 
                excluding objects of merchandise, that--
                            ``(i) is conveyed in an envelope that is 
                        less than or equal to 165 millimeters in width, 
                        245 millimeters in length, and 5 millimeters in 
                        depth; and
                            ``(ii) weighs 100 grams or less when 
                        conveyed.
                    ``(B) Merchandise.--The term `merchandise' has the 
                same meaning as that term is defined in section 401 but 
                does not include a document.
            ``(2) Requirement.--Notwithstanding any other provision of 
        law, for merchandise meeting the requirements of subsection 
        (a), the Postmaster General shall comply with the entry 
        requirements of section 484.
            ``(3) Regulations.--Any regulation issued pursuant to this 
        subsection shall apply identical entry procedures for 
        merchandise imported through the mail as are applied for 
        merchandise imported via a private carrier.''.

SEC. 4. DE MINIMIS SHIPMENTS.

    Section 321 of the Tariff Act of 1930 (19 U.S.C. 1321) is amended 
by adding at the end the following:
    ``(c)(1) For imported articles that qualify for the administrative 
exemption under subsection (a)(2) and that arrive at international mail 
facilities in the United States, the Postmaster General shall be deemed 
the consignee for such articles that are considered merchandise, as the 
term is defined in section 498(c).
    ``(2) In addition to the parties that are authorized to comply with 
the entry requirements of sections 498 and 484, the Postmaster General, 
as a consignee, may, using reasonable care, enter such merchandise that 
qualifies for the administrative exemption under subsection (a)(2).''.

SEC. 5. CUSTOMS FEES.

    (a) In General.--Paragraph (6) of section 13031(a) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(a)(6)) is amended to read as follows:
            ``(6)(A) For the arrival of shipments of merchandise (as 
        the term is defined in section 498(c) of the Trade Act of 1930) 
        or any other item that is valued at $2,000 or less (or such 
        higher amount as the Secretary of the Treasury may set by 
        regulation pursuant to section 498 of the Tariff Act of 1930 
        (19 U.S.C. 1498) and subject to adjustment under subsection 
        (l)) arriving at an international mail facility:
                    ``(i) $1 per individual airway bill or bill of 
                lading (subject to adjustment under subsection (l)); or
                    ``(ii) if such merchandise is formally entered, the 
                fee provided for in paragraph (9), if applicable.
            ``(B) Notwithstanding section 451 of the Tariff Act of 1930 
        (19 U.S.C. 1451), the payment required by subparagraph (A) 
        shall be the only payment required for reimbursement of U.S. 
        Customs and Border Protection in connection with the processing 
        of an individual airway bill or bill of lading in accordance 
        with such subparagraph and for providing services at 
        international mail facilities, except that U.S. Customs and 
        Border Protection may require such facilities to cover expenses 
        of the agency for adequate office space, equipment, 
        furnishings, supplies, and security.
            ``(C) The payment required by subparagraphs (A) and (B) 
        shall be paid on a quarterly basis by the Postmaster General in 
        accordance with regulations prescribed by the Secretary of the 
        Treasury. The payments shall be allocated as follows:
                    ``(i) 50 percent of the amount of payments received 
                in this paragraph 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 shall be 
                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 customs services to international 
                mail facilities.
                    ``(ii) Notwithstanding section 524 of the Tariff 
                Act of 1930 (19 U.S.C. 1524), 50 percent of the amount 
                of payments received under this paragraph shall be paid 
                to the Secretary of the Treasury, which is in lieu of 
                the payment of fees under paragraph (10).''.
    (b) Technical Amendments.--Paragraph (10) of section 13031(a) of 
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(a)(10)) is amended--
            (1) by striking ``or'' in subparagraph (B);
            (2) by striking the period at the end of subparagraph 
        (C)(iii) and inserting a comma and ``or'';
            (3) by inserting after subparagraph (C)(iii) the following:
                    ``(D) an international mail facility.''; and
            (4) in the undesignated material at the end by striking the 
        period and inserting ``or referred to in subparagraph (D) see 
        paragraph (6).''.

SEC. 6. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR POSTAL SHIPMENTS.

    Subparagraph (K) of section 343(a)(3) of the Trade Act of 2002 
(Public Law 107-210; 19 U.S.C. 2071 note) is amended to read as 
follows:
                    ``(K) The Secretary shall require the Postmaster 
                General to transmit or to ensure the transmission of 
                the information required in paragraphs (1) and (2) to 
                U.S. Customs and Border Protection for all shipments by 
                the United States Postal Service which includes 
                shipments that the United States Postal Service 
                receives from foreign postal operators (shipments from 
                foreign postal operators may be transported by private 
                carriers). All regulations issued pursuant to this 
                provision are required to impose the same information 
                requirements on the United States Postal Service and 
                private carriers.''.

SEC. 7. MANIFEST PENALTIES APPLIED TO THE UNITED STATES POSTAL SERVICE.

    (a) Penalties for Violations of the Arrival, Reporting, Entry, and 
Clearance Requirements.--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 Arising From Violations for Postal 
Shipments.--With respect to civil penalties provided for in subsections 
(b) and (d) above, the Postmaster General shall be liable for the 
penalty if the violation was caused by a foreign postal operator or the 
United States Postal Service.''.
    (b) Penalties for Falsity or Lack of Manifest.--Section 584 of the 
Tariff Act of 1930 (19 U.S.C. 1584) is amended by adding at the end the 
following new subsection:
    ``(c) Person Directly or Indirectly Responsible Shall Include the 
Postmaster General.--For purposes of subsection (a), the Postmaster 
General may be the person directly or indirectly responsible for a 
discrepancy if the discrepancy is the result of--
            ``(1) an omission by a foreign postal operator or the 
        United States Postal Service; or
            ``(2) false information regarding the shipment that was 
        provided to the carrier by a foreign postal operator or the 
        United States Postal Service.''.

SEC. 8. LIMITATION ON INTERNATIONAL POSTAL ARRANGEMENTS.

    (a) Existing Agreements.--
            (1) In general.--In the event that any provision in this 
        Act is found to be in violation of obligations of the United 
        States under the Universal Postal Union, the Secretary of State 
        shall negotiate to amend the relevant provisions of the 
        agreement so that the United States is no longer in violation 
        of the agreement.
            (2) Construction.--Nothing in this subsection may be 
        construed to require or permit any delay in the implementation 
        of this Act.
    (b) Future Agreements.--The Secretary of State may not conclude any 
international postal arrangement pursuant to the authority set out in 
section 407 of title 39, United States Code, that is inconsistent with 
this Act or any amendment made by this Act.

SEC. 9. APPLICATION OF OTHER CUSTOMS LAWS.

    (a) In General.--U.S. Customs and Border Protection shall ensure 
that all merchandise, as that term is defined in subsection (c) of 
section 498 of the Tariff Act of 1930 (19 U.S.C. 1498), imported to the 
United States through the mail shall be subject to the same import 
procedures, legal restrictions, and certifications as merchandise 
imported by private carriers.
    (b) Regulations.--The Secretary of the Treasury shall issue 
regulations pursuant to this Act to ensure that merchandise imported 
through the mail is in accordance with Federal law.

SEC. 10. COST RECOUPMENT.

    The Postmaster General shall ensure that all costs associated with 
complying with this Act, as well as all penalties assessed against the 
Postmaster General, are charged directly to foreign shippers, foreign 
postal operators, or United States ultimate consignees.

SEC. 11. EFFECTIVE DATE; REGULATIONS.

    (a) Effective Date.--This Act shall become effective upon the date 
of the enactment of this Act.
    (b) Regulations.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall prescribe all regulations 
required under this Act.
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