[Congressional Record Volume 164, Number 99 (Thursday, June 14, 2018)]
[House]
[Pages H5163-H5172]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SECURING THE INTERNATIONAL MAIL AGAINST OPIOIDS ACT OF 2018
Mr. REICHERT. Mr. Speaker, pursuant to House Resolution 934, I call
up
[[Page H5164]]
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, and ask
for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 934, in lieu of
the amendment in the nature of a substitute recommended by the
Committee on Ways and Means printed in the bill, the amendment in the
nature of a substitute printed in part C of House Report 115-751,
modified by the amendment printed in part D of the report, is adopted,
and the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 5788
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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)(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)(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,
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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 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
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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; or
``(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, and
``(C) has an increasing error rate in compliance with
section 343(a)(3)(K) of the Trade Act of 2002,
civil penalties may 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.
The SPEAKER pro tempore. The bill, as amended, shall be debatable for
1 hour, equally divided and controlled by the chair and ranking
minority member of the Committee on Ways and Means.
The gentleman from Washington (Mr. Reichert) and the gentleman from
Massachusetts (Mr. Neal) each will control 30 minutes.
The Chair recognizes the gentleman from Washington.
General Leave
Mr. REICHERT. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on H.R. 5788, currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. REICHERT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I am proud to be here today to speak in support of H.R.
5788, the Synthetics Trafficking and Overdose Prevention Act, which is
short for STOP Act. By passing this important bipartisan bill today, we
are standing up for the health and safety of our communities and
families and closing an important loophole allowing contraband to enter
the United States through international mail.
In my home State of Washington, there has been a 134 percent increase
in opioid-related cases between 2004 and 2016, and opioid-related
deaths increased by 33 percent. This increase, shockingly, exceeds our
State's population growth, and it is why the work that we have been
doing in Congress and in the Ways and Means Committee is so important.
In April, we held a hearing in the Trade Subcommittee with witnesses
from the United States Customs and Border Protection and the United
States Postal Service. They discussed how synthetic opioids are
entering the United States through the international mail system and
how we can help them put a stop to this.
The bipartisan legislation that we will vote on today supports their
work by requiring advance electronic data on international mail
shipments and allowing the Border Patrol to target for opioid
shipments. It also holds these agencies accountable to do so much more
than they have been doing by using hardline deadlines and mandates, as
well as penalties. Ultimately, the bill will require the Postal Service
to refuse packages for which this information is not provided unless
there is compelling reason.
The opioid crisis must be addressed from every angle, and that
includes stopping illicit synthetic opioids from entering our country.
We must do more to protect our families, our communities, and this bill
would do just that.
I want to thank Chairman Brady and Ranking Member Pascrell,
Representative Mike Bishop, Representative John Faso, and many of my
colleagues who have worked together on this bill. I would also like to
thank the staffs of each one of these Members who have worked so hard
and dedicated so much time on this critical issue.
Mr. Speaker, I urge my colleagues to join me in supporting the STOP
Act.
Mr. Speaker, I reserve the balance of my time.
[[Page H5167]]
House of Representatives,
Committee on Homeland Security,
Washington, DC, June 6, 2018.
Hon. Kevin Brady,
Chairman, Committee on Ways and Means,
Washington, DC.
Dear Chairman Brady: I write concerning H.R. 5788, the
``Securing the International Mail Against Opioids Act of
2018.'' This legislation includes matters that fall within
the Rule X jurisdiction of the Committee on Homeland
Security.
In order to expedite floor consideration of H.R. 5788, the
Committee on Homeland Security agrees to forgo action on this
bill. This is conditional on our mutual understanding that by
foregoing consideration of H.R. 5788 at this time, the
Committee on Homeland Security does not waive any
jurisdiction over the subject matter contained in this or
similar legislation and will be appropriately consulted as
this bill or similar legislation moves forward so that we may
address issues in our jurisdiction. Our Committee also
reserves the right to seek appointment of an appropriate
number of conferees to any House-Senate conference involving
this or similar legislation, and asks that you support any
such request.
Please place a copy of this letter and your response
acknowledging our jurisdictional interest into the
Congressional Record during consideration of the measure on
the House floor. Thank you for your cooperation in this
matter.
Sincerely,
Michael T. McCaul,
Chairman.
____
House of Representatives,
Committee on Ways and Means,
Washington, DC, June 6, 2018.
Hon. Michael T. McCaul,
Chairman, Committee on Homeland Security,
Washington, DC.
Dear Chairman McCaul: Thank you for your letter regarding
H.R. 5788, ``Securing the International Mail Against Opioids
Act of 2018,'' on which the Committee on Homeland Security
was granted an additional referral.
I am most appreciative of your decision to waive formal
consideration of H.R. 5788 so that it may proceed
expeditiously to the House floor. I acknowledge that although
you waived formal consideration of the bill, the Committee on
Homeland Security is in no way waiving its jurisdiction over
the subject matter contained in those provisions of the bill
that fall within your Rule X jurisdiction. I would support
your effort to seek appointment of an appropriate number of
conferees on any House-Senate conference involving this
legislation.
I will include a copy of our letters in the Congressional
Record during consideration of this legislation on the House
floor.
Sincerely,
Kevin Brady,
Chairman.
____
Committee on Ways and Means,
House of Representatives,
Washington, DC, June 8, 2018.
Hon. Trey Gowdy,
Chairman, Committee Oversight and Government Reform,
Washington, DC.
Dear Chairman Gowdy: I write to you regarding H.R. 5788,
the ``Securing the International Mail Against Opioids Act of
2018'' on which the Committee on Oversight and Government
Reform was granted an additional referral. I ask that you
waive formal consideration of H.R. 5788 so that it may
proceed expeditiously to the House Floor.
I acknowledge that by waiving formal consideration of this
bill, the Committee on Oversight and Government Reform is in
no way waiving its jurisdiction over the subject matter
contained in those provisions of the bill that fall within
your Rule X jurisdiction. I would support your effort to seek
appointment of an appropriate number of conferees on any
House-Senate conference involving this legislation.
I will include a copy of our letters in the Congressional
Record during consideration of this legislation on the House
floor.
Sincerely,
Kevin Brady,
Chairman.
____
House of Representatives, Committee on Oversight and
Government Reform,
Washington, DC, June 11, 2018.
Hon. Kevin Brady,
Chairman, Committee on Ways and Means,
Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
5788, the Securing the International Mail Against Opioids Act
of 2018. As you know, certain provisions of the bill fall
within the jurisdiction of Committee on Oversight and
Government Reform.
So that H.R. 5788 may proceed expeditiously to the House
Floor, I agree to discharging the Committee on Oversight and
Government Reform from further consideration thereof. I agree
that forgoing formal consideration of the bill will not
prejudice the Committee on Oversight and Government Reform
with respect to any future jurisdictional claim, and I
appreciate your agreement to support appointment of members
of the Committee on Oversight and Government Reform as
conferees in any House-Senate conference on this or related
legislation. In addition, I request the Committee be
consulted and involved as the bill or similar legislation
moves forward so we may address any remaining issues within
our jurisdiction.
Finally, I request you include your letter and this
response in the bill report filed by your Committee, as well
as in the Congressional Record during consideration of the
bill on the floor.
Sincerely,
Trey Gowdy.
Mr. REICHERT. Mr. Speaker, I ask unanimous consent that the gentleman
from Michigan (Mr. Bishop) be permitted to control the time of the
majority.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. NEAL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, our country is currently experiencing an epidemic of
opioid-related overdoses and fatalities. My community and my State of
Massachusetts are not strangers to the heartbreak and devastation that
we recognize on this occasion.
There is a lot we can and should be doing about the opioid epidemic,
and I am eager to work with my colleagues here in the House on
comprehensive and effective solutions. For today, the bill we are to
consider is a good start.
The Synthetics Trafficking and Overdose Prevention, or STOP, Act of
2018 shores up the ability of U.S. Customs to target and thwart
shipments of synthetic opioids like fentanyl into the United States
through the mail. It requires the U.S. Postal Service to collect
important information about the contents and senders of packages from
foreign postal services.
I supported the earlier edition of this bill that was introduced in
2017 because I recognized the enormity of the devastation we face with
opioids. I know that there were serious concerns with the earlier
version of the bill, especially with respect to the severity of the
penalties it imposed on the Postal Service. I am glad that the STOP Act
that we are considering today makes important improvements to that
original bill and to those penalties and provisions.
Let me especially express my appreciation for Ways and Means Trade
Subcommittee Ranking Member Bill Pascrell, who has worked together with
the Democrats on the Oversight and Government Reform Committee, the
Senate, and the majority, obviously, to make improvements.
I understand there were some continued concerns with the bill, and we
certainly want to continue to work with interested parties to address
those concerns.
Given the urgency of the epidemic at hand, I am glad that we are able
to support what is in front of us today, which I believe is a strong
and achievable measure in this legislation to at least address part of
the opioid epidemic.
Mr. Speaker, I yield the balance of my time to the gentleman from New
Jersey (Mr. Pascrell), and I ask unanimous consent that he may control
that time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
Mr. PASCRELL. Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of Michigan. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise in strong support of my legislation, H.R. 5788,
the STOP Act.
Mr. Speaker, this bill is focused on stopping synthetic opioids like
fentanyl and carfentanil from entering our country through the
international mail system.
These synthetic opioids can be 50 to 500 times more potent than a
regular street dose of heroin, and it is the ever-growing presence of
these synthetic opiates in our country that is causing overdose deaths
to skyrocket. In fact, today, according to the National Institute on
Drug Abuse, there are over 115 deaths each and every day from opioid
overdose.
To address this crisis, I have been traveling across my district in
Michigan hosting townhalls and roundtables, where I have heard,
firsthand, the devastating impact this crisis is having in our
communities.
I have also met with a wide range of officials in my district who are
on the front lines of this crisis, including police and fire personnel,
emergency response personnel, educators, medical
[[Page H5168]]
professionals, and others, all of whom are pleading for commonsense
solutions at the Federal level to address this crisis, just like the
bill we are voting on today.
I want to be candid; I agree. Currently, our government is not doing
enough to stop the flow of synthetic opiates coming through the
international mail system.
I was astounded to find out that current law treats packages coming
in through private carriers like FedEx and UPS differently than it does
shipments through the international mail system. Private carriers are
required to provide what is known as advance electronic data, or AED,
on all inbound packages, while the same is not true for shipments
handled by the United States Postal Service in the international mail
system.
This advance electronic data includes three primary pieces of
information: where a package is from, where it is going to, and what is
in it. This is actionable data that enables the CBP to target high-risk
shipments for inspection and seizure.
Officials at the CBP will tell you this is all about finding a needle
in a haystack. This AED information provides law enforcement the tools
they need, the information they need to interdict and seize these
illegal packages.
{time} 1230
So here, specifically, is what my bill would do: H.R. 5788 would
require the United States Postal Service to obtain AED on all
international mail shipments by 2020 so that the United States Customs
and Border Protection can target suspicious packages for synthetic
opioids and other dangerous shipments. It also requires USPS to ramp up
70 percent AED compliance by the end of this year. The legislation
would also require the United States Postal Service to refuse shipment
of any foreign package that does not have AED after 2020.
Additionally, this bill includes strong enforcement and
accountability provisions that will impose civil penalties against the
United States Postal Service if they accept packages without AED after
2020.
Lastly, and I think most importantly, this bill gives Congress strong
oversight authority, which includes biannual reporting to Congress and
reporting by the GAO to update us on the agency's progress. In the end,
it is the responsibility of Congress to ensure agencies are complying
with the law.
I would like to, if I could, quickly thank Chairman Brady, Chairman
Reichert, Ranking Member Neal, Congressman Pascrell, Congressmen Faso
and Kelly, and all my colleagues on the House Ways and Means Committee
for their support. I would also like to thank Senators Hatch, Wyden,
and Portman for all their constructive input in this process.
Mr. Speaker, this is about stopping dangerous opioids from entering
our country. Too many Americans have died from the opioid crisis, and
it is high time we take action to put a stop to the inflow of foreign
synthetic opioids.
Mr. Speaker, I reserve the balance of my time.
Mr. PASCRELL. Mr. Speaker, I yield myself such time as I may consume.
I am pleased, Mr. Speaker, to be on the floor today regarding a bill
that we have been negotiating for many months and that deals with an
incredibly important topic: the opioid epidemic that is having a
devastating impact across the country.
Despite current efforts, this opioid epidemic continues to ravage our
communities. Every day in this country, 115 Americans lose their lives
to opioids--painkillers. In 2016, my home State of New Jersey alone
experienced 2,056 lives lost to this epidemic. The New Jersey Attorney
General predicts that it will be 3,000 this year.
This legislation addresses one aspect of the crisis: synthetic
opioids making their way into homes across the country through the
mail. According to the Drug Enforcement Agency, China is the primary
source of the fentanyl that enters this country. Fentanyl is often sold
online and then shipped to the United States in small quantities,
making it very difficult to detect.
I saw firsthand the way that the U.S. Postal Service and Customs is
working together to stop the flow of synthetic opioids coming in
through international mail. I visited a mail facility in Secaucus, New
Jersey, with representatives from these agencies and the Food and Drug
Administration. I know that the Postal Service receives an overwhelming
volume of mail and they are working hard with limited resources to
screen shipments. But we have some clear strategies that we can employ
to create an effective system for targeting shipments that have a risk
of containing these opioids, namely collecting advance electronic data,
AED, on all packages that enter the United States.
The information contained in the AED typically includes the name and
address of the shipper and recipient, as well as the contents of the
package. CBP, Customs and Border Protection, uses this information to
identify packages that may pose a risk. Customs can then place a hold
on the shipment and notify carriers that a package must be presented
for examination.
Private carriers have been required to collect this information since
2002, but we made the Postal Service exempt from this requirement. As a
result, it has become the preferred method for shipping illicit
materials, including opioids, into the United States.
The version of the STOP Act that we are considering today is an
amended version of the original act, which was introduced back in 2017.
We had 271 sponsors on that legislation.
The old STOP Act would have required the United States Postal Service
to collect 100 percent of that information within 1 year or face
penalties of up to $5,000 for every package for which it failed to do
so. A number of stakeholders raised concerns with this approach, so we
worked with them, including the Postal Service and their unions, to try
to arrive at a workable solution.
As a result of these discussions and consultations, we have been able
to make a number of important changes. The legislation on the floor
today makes a number of significant changes that address the concerns
raised by stakeholders.
First, this bill allows more time for the United States Postal
Service to come into compliance. The United States Postal Service will
have until the end of 2020 to transmit the AED on all international
mail delivered to the United States.
This legislation includes a waiver that excludes countries that lack
capacity to collect that information and pose a low risk of violating
U.S. laws from the 100 percent requirement. As a result, the United
States Postal Service will not be penalized for issues that are outside
its control and should be able to comply with its international
commitments.
Second, the amended legislation removes the requirement that the
United States Postal Service hire a broker for every package that
enters into the United States, saving costs and ensuring they can
receive inbound mail under its current practices.
Finally, the legislation provides for a more nuanced approach to
United States Postal Service penalties. Customs is required to reduce
or eliminate penalties if the Postal Service does one of three things:
it cooperates with Customs, it has a high compliance rate, or it takes
remedial measures.
These changes were proposed by the United States Postal Service to
address its concerns regarding the penalties provision. So as a
practical matter, these changes mean that, if the Postal Service
continues its current work, penalties will likely never be imposed.
Further, the legislation does not allow penalties to be considered
until 2021.
I would also like to highlight language in the bill directing the
Customs and Border Protection to provide an annual report on the
individuals and the companies that are not providing this information
and the manner in which it imposes penalties. Requiring the CBP to
report this useful information on violators and violator penalty
assessments I believe will enhance the interdiction of prohibited items
from entering the United States through express consignment operators.
This revised bill has support from a variety of public safety and
public health groups, as well as the National Conference of State
Legislatures. Just before we started today, the Fraternal Order of
Police sent a supporting letter in support of this. This is good news
for both sides of the aisle.
[[Page H5169]]
This revised bill has support from a variety of public safety and
public health groups. Despite the significant changes, I understand
that some of the stakeholders remain opposed, and we should understand
that. We tried to work with those who have opposed. I respect the
continued concerns that these stakeholders have articulated and look
forward to working with them going forward.
However, with the changes that we have been able to incorporate into
this legislation on a bipartisan basis, I believe that the current
legislation provides an aggressive but workable approach to the United
States Postal Service. I strongly support the legislation, Mr. Speaker,
on the floor today, and I urge my colleagues to vote for it as well.
Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of Michigan. Mr. Speaker, I yield 3 minutes to the
gentleman from Illinois (Mr. Roskam).
Mr. ROSKAM. Mr. Speaker, all of us, everybody we know, has a lot of
things that they are dealing with on a daily basis. There are
challenges, and there are issues and little minicrises, until somebody
gets a phone call that says that their child is in the emergency room
with an opioid overdose. Then, all of a sudden, you have one crisis.
That has been happening in my constituency, and I know that has been
happening in districts all across the country.
The first time this issue was brought to my attention, it was from a
friend of mine. The coroner in DuPage County, Illinois, in my district,
Dr. Rich Jorgensen said: Peter, there are kids who are dying of this
crisis.
He kept being a voice on this and bringing it to my attention. He and
others in my home county, the HOPE Taskforce, have been joining
together. I have met with them. They have given me feedback. Similarly,
there is another task force, the Substance Abuse Coalition in McHenry
County, Illinois, doing similar work.
As I have met with them, they have said that one of the challenges is
that this drug, this fentanyl, comes in through the United States
Postal Service. When you first hear about this, you are incredulous
about it. You say: No, that can't be.
But the more you learn, the more you realize that this is a major
problem. In fact, in terms of importing this or this crossing our
border, my understanding is that this is at the top of the heap.
To understand the nature, the science, and the medicine behind
fentanyl is to mean that it scares the living daylights out of you.
This molecule gets in your body, and the power of it is just
overwhelming.
So I want to thank Mr. Bishop, and I want to thank Mr. Pascrell for
the work that they are doing on a bipartisan basis to bring people
together to work through this and to come up with solutions.
Now, this is not the only thing that is going to be happening here.
This is in the context of other pieces of legislation. This is in the
context of looking at treatment reimbursement, of screening, and of
education. But this inbound flow is something that this Congress can do
something about. Just in a nutshell, bringing together the United
States Postal Service, the CBP, and also the United States State
Department to work together in a coordinated fashion is something that
my district is really pleased about.
So I am pleased to be here to advocate on its behalf, and I urge its
passage.
Mr. PASCRELL. Mr. Speaker, I yield 3 minutes to the gentleman from
Illinois (Mr. Danny K. Davis).
Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I thank Mr. Pascrell for
yielding.
Mr. Speaker, I include in the Record two documents. One is an article
from the Chicago Sun Times of today, ``A 4-Block Radius on the West
Side Is at the Heart of Chicago's Opioid Epidemic,'' and ``The Opioid
Crisis in Illinois'' by the Illinois Department of Human Services.
[From the Chicago Sun Times, June 14, 2018]
A 4-Block Radius on the West Side Is at the Heart of Chicago's Opioid
Epidemic
(By Tanveer Ali and Sam Charles)
On July 15, 2016, Darwin Phillips was found dead by his
mother in the basement of the home in West Humboldt Park
where she and Phillips had lived since she bought it in 1979.
He was 50 when he died of an overdose of heroin and two
types of Fentanyl, heroin's synthetic but deadlier cousin, an
autopsy found.
``A sweet guy'' who worked odd jobs while grappling with
mental illness and addiction and was the father of two,
Phillips had overdosed five times before his fatal OD,
according to his mother Jamie Roberts.
``It's a disease,'' says Roberts. ``It's sad that people
take advantage of drug addicts. It still bothers me a lot. We
tried to get him help.''
Phillips' death was one of 745 in Cook County in 2016
linked to opioids, according to the Cook County medical
examiner's office. In Chicago, African-American victims like
Phillips accounted for 362 of those deaths--48 percent.
That stands in contrast to what's going on nationally.
Across the United States, white people accounted for about 78
percent of all opioid deaths in 2016, research by the Kaiser
Family Foundation found.
``The epidemic in Chicago is not the national epidemic,''
says Amanda Brooks, chief population health officer of the
PCC Community Wellness Center, (http://www.pccwellness.org)
which focuses largely on the West Side. ``The Chicago
epidemic is affecting 45- to 65-year-old men on the West
Side.''
In 2014, there were 212 opioid-related deaths in Cook
County, 129 of them in Chicago, according to the medical
examiner's office. By 2017, Cook County had 1,150 opioid
deaths, 764 of those in Chicago.
By comparison, Chicago saw 664 homicides in 2017 (https://
chicago.suntimes.com/news/chicago-murders-homicides-2017-
steep-decline/).
What's changed to cause the rise in opioid deaths? The rise
of Fentanyl, experts say.
The powerful painkiller is legally available by
prescription. But it also can easily be manufactured
illegally and typically is mixed by dealers with other
illicit, though less deadly, drugs like heroin--often without
users knowing they're taking Fentanyl.
``Most of our patients are not intentionally taking
Fentanyl,'' Brooks says.
About 5 percent of the opioid deaths in 2014 were Fentanyl-
related, according to medical examiner data, and 67 percent
were tied to heroin.
By 2017, Fentanyl was a factor in 57 percent of opioid
deaths in Cook County, while heroin played a role in 66
percent. A combination of the two played a role in 37
percent.
While the number of opioid deaths has risen sharply
countywide since 2014, the impact largely has been felt in
areas with a lack of resources.
In 2017, Chicago Fire Department crews were dispatched to
9,158 opioid-related overdoses, records show--up 163 percent
compared to 2014. The hardest-hit parts of the city. West
Side neighborhoods like Garfield Park, West Humboldt Park,
Austin and North Lawndale.
A four-block radius roughly around Ridgeway and Augusta
alone was responsible for 1,257 calls in 2016 and 2017--about
7.2 percent of all opioid-related calls citywide during that
period.
That's the area where Phillips died.
His mother says drug dealers don't set up in the immediate
area around her home, as she and her neighbors have made it
clear that they want to keep their sidewalks crime-free. When
the weather turned warm, Roberts resumed what's become a
summer tradition for her selling snow-cones for 25 cents to
$1 outside her home.
``This,'' Roberts says, ``is my corner.''
____
[From the Illinois Department of Human Services]
The Opioid Crisis in Illinois: Data and the State's Response
Statewide Drug overdose Trends
Nature of the Opioid Use Disorder Problem--The opioid
crisis has manifested itself in the form of multiple public
health problems. An analysis of the nature and extent of
these problems provides evidence of the seriousness of the
opioid crisis in Illinois, the widespread prevalence of these
problems across our state, and the existence of populations
and local areas with the most critical gaps in services.
Opioid Overdose Deaths--Perhaps none of these problems has
heightened the awareness of the general public to the same
degree as the recent dramatic increase in opioid overdose
deaths. Drug overdose deaths in this country nearly tripled
from 1999 to 2014. Among the 47,055 drug overdose deaths that
occurred in the U.S. in 2014, 28,647 (60.9 percent) involved
an opioid. Like many states, Illinois has recently
experienced a notable increase in drug overdose deaths that
can primarily be attributed to an increase in opioid overdose
deaths. Provisional death records data obtained from the
Illinois Department of Public Health (IDPH) show 2,278 drug-
related overdose deaths during 2016. This represents a 44.3
percent increase over the 1,579, drug-related overdose deaths
that were reported by IDPH for 2013. This statewide increase
in drug-related overdose deaths is almost totally accounted
for by an increase in opioid-related overdose deaths. Of the
2,278 Illinois statewide drug overdose deaths during 2016,
over 80 percent were opioid-related fatalities. The 1,826
opioid-related overdose deaths among Illinois residents that
have been provisionally reported for 2016 represents an over
70 percent increase in the number of such deaths that were
reported in 2013, and a 32.1 percent increase over the 1,382
opioid-related overdose that were reported to IDPH for 2015.
[[Page H5170]]
The maps below illustrate the number and population rates
of opioid overdose deaths across Illinois' 102 counties
during 2016. The map based on the number of opioid overdose
deaths during 2016 provides evidence that the opioid crisis
continues to impact communities and individuals throughout
Illinois. Cook County accounted for nearly 50 percent of the
opioid overdose death in Illinois during 2016. The 911 opioid
overdose deaths reported for Cook County in 2016 represented
an 87.4 percent increase from the 486 such death that were
reported for this county during 2013. Specific to the City of
Chicago, the 581 opioid overdose deaths in 2016 represented a
93 percent increase from the 301 such deaths reported in
2013. As has been the case in previous years, the counties
bordering on Cook and other counties with relatively high
resident populations, particularly Madison, Peoria, St.
Clair, and Winnebago counties, were major contributors to the
statewide number of opioid overdose deaths in 2016.
The state map based on county population rates of opioid
overdose deaths provides further insight into the locality-
specific and statewide severity of this problem in Illinois.
This map shows that several Illinois counties have resident
population rates of opioid overdose deaths that are not only
equal to, but greater than, that of Cook County. In fact,
there were 18 Illinois counties that had 2016 population
rates of opioid overdose deaths that were greater than that
of Cook County. Twelve (12) of the counties with the highest
2016 population rates of opioid overdose deaths are in IDHS
Regions 4 and 5. These two service regions have the lowest
levels of currently-available opioid use disorder (OUD)
medication assisted treatment (MAT) resources in the state.
Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, the purpose of the STOP
Act is to address the influx of synthetic opioids arriving through
international mail. Given the growing harm to our communities from
substance abuse, I, too, want to thank and commend the Ways and Means
Committee for its hard work on developing this legislation. Especially,
I want to point out the efforts of Mr. Pascrell and Mr. Bishop.
I am strongly committed to preventing the shipments of dangerous and
illegal opioids into the United States. I support the intent of this
bill to limit illegal trafficking of drugs, and I voted in support of
this bill in the Ways and Means Committee.
However, after the last-minute changes made to this bill in the Rules
Committee, I, unfortunately, cannot support H.R. 5788. The Republican
leadership insisted on last-minute changes to impose civil penalties on
the Postal Service for any accepted shipment lacking advance electronic
data without allowing enough time to fully vet the impact of the
changes with critical stakeholders.
I am concerned about the fairness of imposing civil penalties for
individual shipments lacking electronic data when the Postal Service
lacks direct control over whether foreign postal operators provide this
data. I am concerned that having one executive branch entity impose
penalties on another would set up an adversarial relationship in
addressing illegal drug trafficking rather than a collaborative
relationship. I am also concerned that penalties are imposed based on
individual shipments rather than systematic violations.
I appreciate the work of my Democratic colleagues to mitigate the
negative effects of these civil penalties; however, due to the concerns
of the U.S. Postal Service and the postal unions about the negative
impact of these last-minute changes by Republican leadership, I cannot
support this bill at this time. I am committed to stopping the shipment
of dangerous drugs and to working to resolve these problems as this
legislation continues to move forward.
I urge that we continue to work to improve it and make it the very
best that it can be without threatening in any way the viability of
postal operations.
{time} 1245
Mr. BISHOP of Michigan. Mr. Speaker, I yield 3 minutes to the
gentleman from New York (Mr. Faso).
Mr. FASO. Mr. Speaker, I thank Mr. Bishop for yielding and for his
leadership on this issue.
Mr. Speaker, I rise today in support of H.R. 5788, the amended
Synthetics Trafficking and Overdose Prevention Act of 2018. Once signed
into law, this legislation will help combat our Nation's growing opioid
crisis by preventing the easy importation of synthetic opioids through
the United States Postal Service.
Under current law, private shipping companies are required to provide
Customs and Border Protection with advance electronic data for packages
inbound to the United States. The inclusion of this data makes
illegally shipped items easier to track and locate.
This standard is not imposed on our own Postal Service, however, even
though the U.S. Postal Service brought more than four times the number
of packages into the U.S. than all private carriers like FedEx and UPS
did in 2016, combined.
This bill will bring the U.S. Postal Service up to industry standards
by requiring advance electronic data for 100 percent of packages by
2020 and a strong goal of 70 percent by the end of this year. Also
required is a 2019 study by the GAO assessing the progress made by the
Postal Service. By requiring this data of foreign shippers, we can help
to keep dangerous synthetic opioids like fentanyl and carfentanil off
our streets.
The abundance of fentanyl within our borders is leading to an
increase in overdoses and overdose-related deaths. A recent study from
the Substance Abuse and Mental Health Services Administration indicated
that fentanyl is now the most common fatal overdose drug in the United
States. Of the roughly 42,000 opioid overdose deaths in 2016, about
20,000 of those were from fentanyl.
Mr. Speaker, just how dangerous is fentanyl and carfentanil? I can
relate to you a recent incident which occurred in our State of New
York.
Seizures of fentanyl in the New York area spiked by over 1,000
percent between 2016 and 2017. In 2016, in New York City, where JFK
International Airport is a major transshipment point, 62 pounds of
fentanyl were seized. In 2017, 1,162 pounds were seized.
Earlier this year, in just one bust, officials seized nearly 100
pounds of fentanyl, which is said to be enough to kill the entire
population of New York City and New Jersey, combined.
This bill is a commonsense, bipartisan approach to fix the problem.
I would very much like to thank Chairman Brady, Chairman Reichert,
Mr. Bishop, Mr. Pascrell, and Senator Portman for their important
leadership on this issue, and I urge all my colleagues to support this
vitally significant legislation.
Mr. Speaker, we are passing numerous bills this week dealing with the
opioid crisis. Perhaps none is as important as the STOP Act. I urge all
of my colleagues to support this legislation.
Mr. PASCRELL. Mr. Speaker, I reserve the balance of my time.
Mr. BISHOP of Michigan. Mr. Speaker, I yield 3 minutes to the
gentleman from Texas (Mr. Brady), the chairman of the Ways and Means
Committee.
Mr. BRADY of Texas. Mr. Speaker, there aren't many today who haven't
been touched by the opioid crisis in America. This swift and
devastating epidemic has hit every community in America and robbed
countless individuals of their hopes and ambitions.
Addiction is devastating to witness and, in some cases, it only takes
5 days for someone's son, daughter, or parent to become addicted. The
sad truth is that, all too often, many become addicted after taking an
opioid for a legitimate reason. This is an epidemic that has torn apart
families and left in its path of destruction a generation of children
without parents and parents faced with burying their kids.
We have also seen more and more news stories of law enforcement
agents having near-fatal encounters with just trace amounts of these
synthetic opioids such as fentanyl. In one case, a small fleck almost
killed a police officer in Ohio. This is a frightening reminder of how
dangerous these substances truly are.
The loss of so many Americans due to opioid addiction is
unfathomable. In 2016 alone, more Americans died due to opioid
overdoses than were lost over the entire Vietnam war.
The scale of the crisis is immense. The loss of potential for so many
is hard to comprehend, but House Republicans and Democrats are coming
together in fighting with every tool in our arsenal to combat the
opioid crisis.
That is why today I rise in strong support of H.R. 5788, known as the
STOP Act. This bipartisan bill addresses a serious problem that has
helped fuel the opioid epidemic: cheap and illegal synthetic opioids
shipped from
[[Page H5171]]
foreign nations through the international mail. From our speakers today
you have learned about the proven techniques to stop this drug
smuggling.
Mr. Speaker, I want to thank the leaders who brought this solution to
the floor. I thank Congressman Bishop of Michigan, the author of this
bill, for his leadership; as well as Ranking Member Pascrell of New
Jersey; chairman of the Trade Subcommittee, David Reichert of
Washington; Congressman John Faso of New York; and Senator Portman
from Ohio for their diligent work to deliver a hard-hitting solution to
this very serious problem.
I am confident that this bill, shaped by Republicans and Democrats
working together, will make a difference in the opioid crisis and help
protect many Americans. By passing this bill, we can take meaningful
action to help stop the flow of the illegal smuggling of opioids into
this Nation.
I urge my colleagues to join in supporting this bill.
Mr. PASCRELL. Mr. Speaker, I have no more speakers on my side, and I
reserve the balance of my time.
Mr. BISHOP of Michigan. Mr. Speaker, I yield 3 minutes to the
gentleman from Minnesota (Mr. Paulsen).
Mr. PAULSEN. Mr. Speaker, we know the opioid epidemic has,
unfortunately, been tearing apart communities all across our entire
country. I want to share a story in particular that is similar to the
heartbreak and heartache we have heard from others today.
Keegan: Keegan Duffy was 30 years old when he died in January of last
year after an accidental overdose. He had just received his master's
degree, had a promising career in computer science, was an avid
outdoorsman, and volunteered a lot of his time to helping the poor.
His addiction started like so many others. He was prescribed 120
pills after suffering chronic back pain. After that first pill,
unfortunately, he was hooked. Despite almost a dozen attempts to break
free of his addiction in rehabilitation, he could never really quite do
it. Ultimately, he died of an overdose that came from fentanyl, a
synthetic drug made in Asia, bought online, and smuggled into the
United States.
Keegan's story was told to me personally by his mother. It was
heartbreaking.
Mr. Speaker, I include in the Record a very loving tribute to Keegan
written by his mother and father, Dave and Jean Duffy.
Statement of Jean and Dave Duffy, Father of Keegan, June 14, 2018
Keegan was 30 years old when he passed away Jan 3, 2017 of
an accidental overdose of opioids. At the time of his death,
he was working as a successful computer professional, having
just graduated from Arizona State William Carey School of
Business with a Masters degree in Information Systems. He had
a natural talent for music and loved playing guitar.
He was an avid outdoorsman, golfer, boater, skier and
fisherman. He was also known for his huge heart, helping the
poor find resources, teaching people how to get back in
school, and giving free haircuts to homeless and needy.
Most of all he was a special son and brother to his parents
and two beautiful sisters. He is missed by all of us every
single day.
Keegan became addicted to Oxycodone after receiving 120
pills from a doctor for back pain, while an undergrad. He
said he was addicted after taking the very first pill. His
addiction became chronic progressive, despite his nearly
dozen attempts to get better in well known treatment
facilities, including 6 month stays.
Keegan often said, ``I can figure everything else out in
life, but I can't figure out how to end my cravings.''
Unfortunately, it's not something one can just figure out, as
we all know.
I called the drug task force and the police to report
several doctors, who were encouraging him to take massive
amounts of this drug as well as other highly addictive drugs.
For some of these doctors, this resulted in the loss of their
license to practice.
One of Keegan's sisters, Bridget, is in her final year of
Neuroscience in the U of Minnesota. She volunteers in homes
for addicts and also has a part time job supporting research
at the University, to find a vaccine to prevent opioid
addiction. She plans to continue her studies in medical
school.
Thank you so much for remembering Keegan.
Jean & Dave Duffy
Mr. PAULSEN. Keegan's story is why this legislation is so important
and how it will save other lives.
International mail is often a very easy route that we have seen used
for smuggling or the importation of dangerous fentanyl here into the
United States. While private carriers have to submit advance electronic
data for any of their data about packages that come here into the
United States, the Postal Service has been exempt.
So we have a loophole. That loophole is being exploited by smugglers,
giving traffickers an easy opportunity to have fentanyl come into
America. The STOP Act closes that loophole.
It is supported on a bipartisan basis. It will make it harder and
much more difficult to smuggle in fentanyl-laced drugs that not only
murdered Keegan but, unfortunately, have inflicted pain through tragic
deaths in other countless families across our country and so that we
can save other American lives, Mr. Speaker.
I thank Mr. Bishop and Mr. Pascrell for their leadership on this
legislation. I look forward to seeing it passed later today, because we
are finding solutions to the opioid epidemic.
Mr. BISHOP of Michigan. Mr. Speaker, I yield 2 minutes to the
gentleman from Maryland (Mr. Harris).
Mr. HARRIS. Mr. Speaker, I rise today in support of H.R. 5788.
Mr. Speaker, there are many facets of opioid abuse and overdoses. We
are going to need many pieces of legislation to deal with all of them.
This is a particularly important piece of legislation. It deals with
the use of the U.S. mail service to import synthetic opioids.
As an anesthesiologist, I have used synthetic opioids for over 30
years, especially the synthetic opioid fentanyl. After it was
discovered, it was widely used in a very important drug, especially to
treat our sickest patients; but now it is a killer drug, frequently
used illegally, mixed with heroin.
Because of its very specific pharmacologic action, it is highly
lethal when misused. To add to that, Mr. Speaker, now there is a
derivative called carfentanil that is 100 times more potent.
Why is it so important that we secure our mail system?
A grain of rice is 29 milligrams. That is the weight of a grain of
rice. Fentanyl the size of a grain of rice will kill 29 people. That is
how lethal it is. If it is carfentanil, it is 100 hundred times more
potent. That grain of rice-sized piece of carfentanil will kill 2,900
people.
Obviously, the mail system can be used to transport these drugs.
Because these are so highly lethal, in Maryland, half our overdose
deaths now involve fentanyl or a derivative.
Because these are so small, so concealable, so highly lethal, we have
to secure all mechanisms by which these drugs can be transmitted to be
used illegally. The mail system right now, because of loopholes that
exist that we have heard about today, can be used to transport those
drugs to kill our youth. They are imported from foreign countries,
where, without any remorse, these drugs are shipped to the United
States and result in overdose deaths here.
Mr. Speaker, we have to pass H.R. 5788. We have to secure our mail
system and take the scourge of these fentanyl, carfentanil, and other
synthetic opioids off our streets where they are killing young
Americans.
Mr. BISHOP of Michigan. Mr. Speaker, I yield 3 minutes to the
gentleman from Arkansas (Mr. Hill).
Mr. HILL. Mr. Speaker, I rise today in support of H.R. 5788, the STOP
Act, sponsored by my good friend Mike Bishop.
This important piece of legislation would secure our mail system from
fentanyl and other dangerous synthetic opioids that are flooding into
the United States from foreign countries, namely China and Mexico.
The opioid crisis kills more than 100 Americans each day and caused
more than 45,000 deaths last year alone. In 2016, more Americans died
from a drug overdose than we lost in Vietnam. A third of those deaths
are attributable to fentanyl.
Over the last few years, I have witnessed my kids losing their peers
to this crisis, and it is terrifying.
Yesterday, I spoke to the mother of Nate Gordon, a young man from my
district, who lost his life due to a fentanyl-laced overdose. Nate's
mother and the rest of his family are heartbroken.
We have a responsibility to stem the tide of this crisis and prevent
more families from suffering the tragic loss
[[Page H5172]]
of one who is loved to opioid addiction. A vital component of this
effort is plugging the holes in our mail system and stopping illicit
substances from entering the United States.
So far this year, Customs and Border Patrol, working with the U.S.
Postal Service, has seized more than 790 pounds of fentanyl. That is
enough fentanyl to kill 179 million people. To put that in perspective,
that is more than half our population.
My friend Mr. Harris talked about the size of a grain of rice. How
about 1 gram, Mr. Speaker, a Sweet'n Low packet, something that we use
every day? It is enough to kill 500 people.
The STOP Act is a great companion to the bill I recently introduced
with my friend Tom Cotton that provides the U.S. Postal Service with
more resources to screen international mail to stop these insane
amounts of drugs coming into our country.
I thank my friend from Michigan for his thoughtful work to implement
this much-needed policy change. I urge my colleagues on both sides of
the aisle to support it.
{time} 1300
Mr. PASCRELL. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I plead with you and my brothers and sisters on the
other side of the aisle. I think we are making a big step today in this
piece of legislation. I know there are other pieces.
I would recommend, Mr. Speaker, that we approach this deadly
epidemic--and it is deadly--in the same way that we approached the
epidemic at the end of the eighties and the early nineties, and that
was the epidemic of the HIV virus. No one wanted to talk about it, Mr.
Speaker, so people died when they could have been saved if we had had
knowledge of prevention, if we had had knowledge of how we take care of
those folks.
It took us until the beginning of the nineties, until we opened up
local clinics, until people felt less involved in a stigma. Then they
had to come out from the shadows to protect the rest of the population,
including themselves. Then we came together, and the Federal Government
passed the Ryan White legislation, which has been a big help on the HIV
virus. Then we came together.
Unfortunately, maladies bring Americans together. Well, that is good
that we do come together, though.
I ask and plead that we have the same vigor in approaching opiates
and approaching fentanyl, which is coming in from other countries. If
we do that, we will not only survive; we will help those--and we will
prevent many from falling into the trap. You have heard some people
talk about that trap today, starting with painkillers and moving on to
even more dangerous drugs.
We are going to get through this. We are going to get through this.
Yesterday we passed by voice vote legislation to change the protocol on
how we approach the patients, not only in the emergency rooms of
America, but in many departments and hospitals across the United
States. We need to find alternatives to the very opiates that are
making fools of us. Those alternatives shall be part of the solution,
part of the solution to getting to the promised land, as the gentleman
says.
Mr. Speaker, I want to thank Mr. Bishop. I want to thank Mr. Brady. I
want to thank my good friend from Massachusetts, Richie Neal, and all
of those who worked on this legislation: David Reichert and many more.
I congratulate our persistence in getting through a lot of hurdles.
Mr. Speaker, I yield back the balance of my time.
Mr. BISHOP of Michigan. Mr. Speaker, I yield myself the balance of my
time.
Mr. Speaker, I would like to begin by thanking Mr. Pascrell. I would
like to thank the staff as well for all of their hard work in this
process.
This is an epidemic. This is an issue that is not a Republican issue.
This is not a Democrat issue. This is our issue. It is happening every
day. Mr. Speaker, 115 Americans are dying each and every day due to
opioid overdose. We are talking about mothers, fathers, children--too
many children in our communities.
We know the current system is failing Americans. We are allowing
these foreign criminals and drug dealers to exploit a very obvious
loophole in the law. That is why this bill is so important. That is why
it is important for Members of Congress to come together and get
something done.
This bill sets hard deadlines that will require all packages coming
into our country to have this actionable data that will enable the U.S.
Customs and Border Protection to interdict and seize shipments of these
dangerous packages and keep them off the streets, the American streets.
In closing, I just would like to say to all those here today: I know
that we all have a story. I want to reiterate that we all have a story,
and we have now a moral obligation to close this obvious loophole. I
call upon my colleagues to support this important bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Simpson). All time for debate has
expired.
Pursuant to House Resolution 934, the previous question is ordered on
the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. BISHOP of Michigan. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
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