[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2323 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2323

   To require the screening of 100 percent of international mail and 
 express cargo inbound into the United States from high-risk countries 
  to detect and prevent the importation of illicit fentanyl and other 
           illicit synthetic opioids, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2019

  Mr. Markey introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To require the screening of 100 percent of international mail and 
 express cargo inbound into the United States from high-risk countries 
  to detect and prevent the importation of illicit fentanyl and other 
           illicit synthetic opioids, 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 ``Screening All Fentanyl-Enhanced Mail 
Act of 2019'' or the ``SAFE Mail Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States continues to experience an epidemic 
        of overdoses of fentanyl, heroin, and prescription opioids that 
        claimed more than 49,000 lives in 2017.
            (2) Fentanyl is a synthetic opioid that depresses central 
        nervous system and respiratory function, with euphoric effects 
        that may be more powerful than the euphoric effects of heroin 
        or morphine.
            (3) The effect of fentanyl can be up to 50 times stronger 
        than the effect of heroin, and 50 to 100 times stronger than 
        the effect of morphine.
            (4) Although pharmaceutical fentanyl can be diverted for 
        misuse, most fentanyl deaths are believed to be linked to 
        illicit fentanyl.
            (5) Across the United States, the use of illicit fentanyl 
        and deaths related to that use are rising at alarming rates.
            (6) According to the Centers for Disease Control and 
        Prevention, between 2016 and 2017, the rate of drug overdose 
        deaths involving synthetic opioids--largely fentanyl--increased 
        by 45 percent.
            (7) In 2017, more than 28,000 deaths involving synthetic 
        opioids--largely fentanyl--occurred in the United States, 
        outnumbering deaths from any other type of opioid. According to 
        preliminary data from the Centers for Disease Control and 
        Prevention, that figure increased to nearly 32,000 deaths in 
        2018.
            (8) Depending on the route of administration and other 
        factors, as little as 2 milligrams of illicit fentanyl (similar 
        in size to a few grains of salt) can be fatal.
            (9) Fentanyl is the primary synthetic opioid available in 
        the United States.
            (10) The internet has significantly increased the 
        availability of illicit fentanyl and other illicit synthetic 
        opioids in the United States. Those drugs are widely advertised 
        for sale, and are available for purchase, on the open and dark 
        web.
            (11) Most illicit fentanyl trafficked into the United 
        States originates in the People's Republic of China and is 
        transported into the United States in parcel packages directly 
        from the People's Republic of China or from the People's 
        Republic of China through Canada.
            (12) Fentanyl arriving in the mail directly from the 
        People's Republic of China can have exceptionally high 
        purities--over 90 percent--posing a great risk to the purchaser 
        and user, and allowing it to be adulterated many more times and 
        turned into larger amounts for sale and use.
            (13) As the designated postal operator in the United 
        States, the United States Postal Service accepts and delivers 
        inbound international mail on behalf of designated postal 
        operators around the world.
            (14) Express consignment operators accept items from 
        customers in foreign countries and transport and deliver those 
        items in the United States.
            (15) U.S. Customs and Border Protection inspects mail and 
        express cargo arriving in the United States and seizes illegal 
        goods, including those that may pose threats to health and 
        safety, ecology, and businesses in the United States.
            (16) U.S. Customs and Border Protection is able to screen 
        only a tiny fraction of all inbound international mail and 
        express cargo into the United States, contributing to the 
        influx of illicit fentanyl that is causing tens of thousands of 
        deaths in the United States annually.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) in order to save potentially tens of thousands of lives 
        in the United States annually, the Federal Government must make 
        it a high priority to stem the flow of illicit fentanyl into 
        the United States through increased detection and interception 
        of inbound international mail and express cargo; and
            (2) the Federal Government must resolve to achieve the 
        automated screening of 100 percent of international mail and 
        express cargo inbound into the United States from high-risk 
        countries for illicit fentanyl and other illicit synthetic 
        opioids.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security of the House 
                of Representatives; and
                    (B) the Committee on Commerce, Science, and 
                Transportation and the Committee on Homeland Security 
                and Governmental Affairs of the Senate.
            (2) Express cargo.--The term ``express cargo'' has the 
        meaning given the term ``cargo'' in section 128.1 of title 19, 
        Code of Federal Regulations (or any corresponding similar 
        regulation or ruling).
            (3) High-risk country.--The term ``high-risk country'' 
        means a country identified by the Secretary, in consultation 
        with the officials specified in section 5(b), as a country that 
        poses a high risk of being the source of international mail and 
        express cargo inbound into the United States containing illicit 
        fentanyl and other illicit synthetic opioids.
            (4) Illicit fentanyl.--The term ``illicit fentanyl'' means 
        illicitly manufactured fentanyl and illicit versions of 
        chemically similar compounds known as fentanyl analogues.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 5. DEVELOPMENT OF TECHNOLOGY TO DETECT ILLICIT FENTANYL AND OTHER 
              ILLICIT SYNTHETIC OPIOIDS IN INTERNATIONAL MAIL AND 
              EXPRESS CARGO.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary, in coordination with the 
officials specified in subsection (b), shall carry out and complete a 
program of research and development of technology that, when fully 
deployed, will automate the detection of illicit fentanyl and other 
illicit synthetic opioids in 100 percent of international mail and 
express cargo inbound into the United States from high-risk countries.
    (b) Officials Specified.--The officials specified in this 
subsection are the following:
            (1) The Commissioner of U.S. Customs and Border Protection.
            (2) The Chief Postal Inspector for the United States Postal 
        Inspection Service.
            (3) The Director of the Office of National Drug Control 
        Policy.
            (4) The Administrator of the Drug Enforcement 
        Administration.
            (5) The heads of such other government agencies and private 
        sector entities as the Secretary considers appropriate.
    (c) Program Elements.--To the extent the Secretary considers 
appropriate, the program required by subsection (a) may incorporate by 
reference, and rely on, any and all aspects of the Opioid Detection 
Challenge conducted by the Science and Technology Directorate of the 
Department of Homeland Security, U.S. Customs and Border Protection, 
the United States Postal Inspection Service, and the Office of National 
Drug Control Policy, including its findings and results.

SEC. 6. 100 PERCENT SCREENING OF ILLICIT FENTANYL AND OTHER ILLICIT 
              SYNTHETIC OPIOIDS IN INBOUND INTERNATIONAL MAIL AND 
              EXPRESS CARGO FROM HIGH-RISK COUNTRIES.

    (a) In General.--Not later than 5 years after the date of the 
enactment of this Act, the Secretary shall implement an automated 
system to screen 100 percent of international mail and express cargo 
inbound into the United States from high-risk countries to detect, and 
prevent the importation into the United States of, illicit fentanyl and 
other illicit synthetic opioids.
    (b) Requirements.--In developing the system required by subsection 
(a), the Secretary shall--
            (1) develop an automated, nonintrusive method of detecting 
        illicit fentanyl and other illicit synthetic opioids in 
        international mail and express cargo inbound into the United 
        States that does not unreasonably delay delivery of such mail 
        and cargo;
            (2) approve the use of appropriate equipment, technology, 
        procedures, personnel, and methods for conducting screening of 
        such mail and cargo under the system; and
            (3) provide for the phased implementation of the system so 
        that--
                    (A) not later than 18 months after the completion 
                of the research and development program required by 
                section 5(a), 50 percent of such mail and cargo shall 
                be screened under the system; and
                    (B) not later than 3 years after the completion of 
                that program, 100 percent of such mail and cargo shall 
                be screened under the system.
    (c) Regulations.--
            (1) Interim final rule.--The Secretary may issue an interim 
        final rule as a temporary regulation to implement this section 
        without regard to the provisions of chapter 5 of title 5, 
        United States Code.
            (2) Final rule.--
                    (A) In general.--If the Secretary issues an interim 
                final rule under paragraph (1), the Secretary shall 
                issue, not later than one year after the effective date 
                of the interim final rule, a final rule as a permanent 
                regulation to implement this section in accordance with 
                the provisions of chapter 5 of title 5, United States 
                Code.
                    (B) Failure to act.--If the Secretary does not 
                issue a final rule in accordance with subparagraph (A) 
                on or before the last day of the one-year period 
                referred to in that subparagraph, the Secretary shall, 
                not later than 10 days after such last day and every 30 
                days thereafter until the Secretary issues such a final 
                rule, submit to the appropriate congressional 
                committees a report--
                            (i) explaining why the final rule was not 
                        timely issued; and
                            (ii) providing an estimate of the earliest 
                        date on which the Secretary will be able to 
                        issue the final rule.
                    (C) Superceding of interim final rule.--The final 
                rule issued in accordance with this paragraph shall 
                supersede the interim final rule issued under paragraph 
                (1).
    (d) Report Required.--Not later than one year after the date on 
which the system required by subsection (a) is fully implemented, the 
Secretary shall submit to the appropriate congressional committees a 
report that describes the system.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act.
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