119th CONGRESS

1st Session

S. 2725

1. Short title
2. Criminal penalty for mail fraud involving misrepresentation of country of origin
3. Termination of authority to exclude countries from requirement to transmit advance electronic information for 100 percent of mail shipments
4. Annual report on compliance with advance electronic information requirements
5. Public-Private partnerships
6. International collaboration and information sharing
7. Training of U.S. Customs and Border Protection officers with respect to detecting synthetic opioids
8. Evaluation of implementation of STOP Act of 2018
9. Severability

1. Short title

This Act may be cited as the "STOP Act 2.0".

2. Criminal penalty for mail fraud involving misrepresentation of country of origin

Section 1341 of title 18, United States Code, is amended—

(1) In general - by striking "Whoever" and inserting the following:

(a) In general - Whoever

(2) Misrepresentation of country of origin of international mail shipments - by adding at the end the following:

(b) Misrepresentation of country of origin of international mail shipments -

(1) In general - A person that, in violating subsection (a) or conspiring under section 371 or 1349 to violate subsection (a), knowingly misrepresents the country of origin of an international mail shipment in information required to be submitted under section 343(a) of the Trade Act of 2002 (19 U.S.C. 1415(a)), shall in addition to any other penalty for the offense, be fined under this title, imprisoned not more than 5 years, or both.

(2) Seizure and forfeiture - The authority of the Department of Homeland Security under subsection (c)(14) of section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) with respect to seizure and forfeiture shall apply with respect to international mail shipments described in paragraph (1) to the same extent that such authority applies with respect to merchandise entered or attempted to be entered in violation of subsection (a) of such section 592.

3. Termination of authority to exclude countries from requirement to transmit advance electronic information for 100 percent of mail shipments

Section 343(a)(3)(K)(vi) of the Trade Act of 2002 (19 U.S.C. 1415(a)(3)(K)(vi)) is amended by adding at the end the following:

(V) - The authority provided by subclause (II) to exclude a country from the requirement described in subclause (I) shall terminate on the date that is 5 years after the date of the enactment of the STOP Act 2.0.

4. Annual report on compliance with advance electronic information requirements

Section 8003 of the STOP Act of 2018 (subtitle A of title VIII of Public Law 115–271; 132 Stat. 4077) is amended by striking subsections (c) through (f) and inserting the following:

(1) In general - Not later than one year after the date of the enactment of the STOP Act 2.0, and annually thereafter, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report on compliance with the requirements of section 343(a) of the Trade Act of 2002 (19 U.S.C. 1415(a)) that includes the following:

(A) - An update regarding new and existing agreements reached with foreign postal operators for the transmission of the information required by paragraph (3)(K) of that section.

(B) - 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.

(C) - A summary of the progress made in achieving the transmission of that information for the percentage of shipments required by that paragraph, including the results of random checks and information disaggregated by postal and nonpostal data.

(D) - An assessment of the quality of that information being received by foreign postal operators, as determined by the Secretary, and actions taken to improve the quality of that information, including estimates of—

(i) - the amount of information required by section 343(a) of the Trade Act of 2002 that is missing elements, incomplete, inaccurate, or apparently false;

(ii) - the number of shipments that U.S. Customs and Border Protection requested to be searched as a result of information required by that section;

(iii) - how many shipments were actually searched pursuant to such a request; and

(iv) - the results of such searches, including the number of illicit narcotics and counterfeit goods identified during such searches.

(E) - A description of the results of randomized tests of packages entering the United States to assess the rate of compliance with the requirements of section 343(a) of the Trade Act of 2002—

(i) - disaggregated by packages transported by the United States Postal Service and packages transported by private carriers; and

(ii) - that takes into account, as relevant, the way that the factors set forth in paragraph (3) of that section may affect any differences identified between packages transported by the United States Postal Service and packages transported by private carriers.

(F) - For each report submitted during the 5-year period beginning on the date of the enactment of the STOP Act 2.0—

(i) - a list of the countries that, during the year preceding submission of the report, were excluded from the requirement under subclause (I) of section 343(a)(3)(K)(vi) of the Trade Act of 2002 that advance information be provided for 100 percent of international mail shipments pursuant to subclause (II) of that section; and

(ii) - for any country on the list required by clause (i) that has been excluded from the requirement described in that clause for each of the preceding 3 years—

(I) - an identification of the reasons why the country remains on the list; and

(II) - a description of steps that are being taken to ensure that the country is prepared for the termination of the authority to exclude countries from that requirement terminates under subclause (V) of that section (as added by section 3 of the STOP Act 2.0).

(G) - A summary of policies established by the Universal Postal Union that may affect the ability of the Postmaster General to obtain the transmission of the information required by section 343(a) of the Trade Act of 2002.

(H) - 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.

(I) - 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 section 343(a)(3)(K) of the Trade Act of 2002.

(2) Form of report -

(A) In general - Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.

(B) Public availability - The unclassified portion of the report required by paragraph (1) may be made available on a publicly accessible internet website of the United States Postal Service.

(3) Appropriate congressional committees defined - In this subsection, the term appropriate congressional committees means—

(A) - the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(B) - the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives.

5. Public-Private partnerships

The Secretary of Homeland Security, the Attorney General, and the Postmaster General may enter into a public-private partnership with private parcel services or other private information technology entities to develop technology and processes for identifying information that could be used to identify the origin of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances, and precursors to such substances, including information on the origin of parcels and shipping information.

6. International collaboration and information sharing

The Secretary of Homeland Security, in consultation with Secretary of State, may, as appropriate, share with and receive from the governments of foreign countries that are allies of the United States, consistent with existing law (including contractual obligations), information with respect to—

(1) - shippers with a history of transporting illicit fentanyl, other synthetic opioids, and other narcotics and psychoactive substances, and precursors to such substances; and

(2) - best practices regarding the detection of such substances, including such substances moving through the mail.

7. Training of U.S. Customs and Border Protection officers with respect to detecting synthetic opioids

The Commissioner of U.S. Customs and Border Protection shall provide to officers of U.S. Customs and Border Protection training in detecting illicit fentanyl, other synthetic opioids, and other narcotics and psychoactive substances, and precursors to such substances, entering the United States, including training with respect to the use of detection equipment and trends in the transportation of such substances.

8. Evaluation of implementation of STOP Act of 2018

Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report evaluating the implementation of the provisions of and amendments made by the STOP Act of 2018 (subtitle A of title VIII of Public Law 115–271; 132 Stat. 4073) that includes—

(1) - identification of potential areas of risk with respect to the entry of illicit fentanyl, other synthetic opioids, and other narcotics and psychoactive substances into the United States by mail, including any gaps that drug traffickers have found in the system established under the STOP Act of 2018, that takes into account, as relevant, the factors set forth in section 343(a)(3) of the Trade Act of 2002 (19 U.S.C. 1415(a)(3));

(2) -

(A) - a description—

(i) - of any significant differences in rates of compliance with that section between packages transported by the United States Postal Service and packages transported by private carriers; and

(ii) - that takes into account, as relevant, the way that the factors set forth in paragraph (3) of that section may affect any such differences; and

(B) - an analysis of how, if at all, those differences may contribute to the risks identified in paragraph (1); and

(3) - an assessment of—

(A) - the use of the authority provided under subclause (II) of section 343(a)(3)(K)(vi) of the Trade Act of 2002 (19 U.S.C. 1415(a)(3)(K)(vi)) to exclude countries from the requirement under subclause (I) of that section that advance information be provided for 100 percent of international mail shipments; and

(B) - whether the use of that authority should be decreased during the period before that authority terminates under subclause (V) of that section (as added by section 3).

9. Severability

If any provision of or amendment made by this Act, or the application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of and amendments made by this Act, and the application of such provisions and amendments to any person or circumstance, shall not be affected.

119-S2725

STOP Act 2.0