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115th Congress    }                                 [          Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                 [         115-751
======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2851) TO AMEND THE 
CONTROLLED SUBSTANCES ACT TO CLARIFY HOW CONTROLLED SUBSTANCE ANALOGUES 
      ARE TO BE REGULATED, AND FOR OTHER PURPOSES; PROVIDING FOR 
   CONSIDERATION OF THE BILL (H.R. 5735) TO AMEND THE UNITED STATES 
 HOUSING ACT OF 1937 TO ESTABLISH A DEMONSTRATION PROGRAM TO SET ASIDE 
SECTION 8 HOUSING VOUCHERS FOR SUPPORTIVE AND TRANSITIONAL HOUSING FOR 
INDIVIDUALS RECOVERING FROM OPIOID USE DISORDERS OR OTHER SUBSTANCE USE 
 DISORDERS, AND FOR OTHER PURPOSES; AND PROVIDING FOR CONSIDERATION OF 
THE BILL (H.R. 5788) TO PROVIDE FOR THE PROCESSING BY U.S. CUSTOMS AND 
   BORDER PROTECTION OF CERTAIN INTERNATIONAL MAIL SHIPMENTS AND TO 
      REQUIRE THE PROVISION OF ADVANCE ELECTRONIC INFORMATION ON 
      INTERNATIONAL MAIL SHIPMENTS OF MAIL, AND FOR OTHER PURPOSES

                                _______
                                

   June 12, 2018.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Mr. Buck, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 934]

    The Committee on Rules, having had under consideration 
House Resolution 934, by a record vote of 7 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2851, the 
Stop the Importation and Trafficking of Synthetic Analogues Act 
of 2017, under a structured rule. The resolution provides one 
hour of general debate equally divided and controlled by the 
chair and ranking minority member of the Committee on the 
Judiciary. The resolution waives all points of order against 
consideration of the bill. The resolution makes in order as 
original text for the purpose of amendment an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 115-74 and provides that it shall be considered 
as read. The resolution waives all points of order against that 
amendment in the nature of a substitute. The resolution makes 
in order only those further amendments printed in part A of 
this report. Each such amendment may be offered only in the 
order printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole. The resolution waives all points of 
order against the amendments printed in part A of this report. 
The resolution provides one motion to recommit with or without 
instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 5735, the Transitional Housing for Recovery in Viable 
Environments Demonstration Program Act, under a structured 
rule. The resolution provides one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Financial Services. The 
resolution waives all points of order against consideration of 
the bill. The resolution makes in order as original text for 
the purpose of amendment an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 115-
73 and provides that it shall be considered as read. The 
resolution waives all points of order against that amendment in 
the nature of a substitute. The resolution makes in order only 
those further amendments printed in part B of this report. Each 
such amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. The 
resolution waives all points of order against the amendments 
printed in part B of this report. The resolution provides for 
one motion to recommit with or without instructions.
    Section 3 of the resolution provides for consideration of 
H.R. 5788, the Securing the International Mail Against Opioids 
Act of 2018, under a closed rule. The resolution provides one 
hour of debate equally divided and controlled by the chair and 
ranking minority member of the Committee on Ways and Means. The 
resolution waives all points of order against consideration of 
the bill. The resolution provides that the amendment printed in 
part C of this report, modified by the amendment printed in 
part D of this report, shall be considered as adopted and the 
bill, as amended, shall be considered as read. The resolution 
waives all points of order against provisions in the bill, as 
amended. The resolution provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of H.R. 2851, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of the substitute to H.R. 2851 made 
in order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in part A of this report, the Committee 
is not aware of any points of order. The waiver is prophylactic 
in nature.
    The waiver of all points of order against consideration of 
H.R. 5735, includes a waiver of clause 3(d)(1) of rule XIII, 
which requires the inclusion of a committee cost estimate. It 
is important to note that while a Congressional Budget Office 
(CBO) cost estimate on H.R. 5735 was not available at the time 
the Committee on Financial Services filed its report, a CBO 
cost estimate has since been made publicly available.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 5735 made 
in order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in part B of this report, the Committee 
is not aware of any points of order. The waiver is prophylactic 
in nature.
    Although the resolution waives all points of order against 
consideration of H.R. 5788, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
provisions in H.R. 5788, as amended, the Committee is not aware 
of any points of order. The waiver is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 233

    Motion by Mr. Polis to make in order and provide the 
appropriate waivers to amendment #10, offered by Rep. Pocan 
(WI) and Rep. Gosar (AZ) and Rep. Polis (CO), which prevents 
the Secretary from placing a natural botanical substance under 
new Scheduling authority, and would require Secretary to use 
existing scheduling proceedings under the Controlled Substances 
Act, if supported by existing medical and scientific facts. 
Defeated: 4-6

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................  ............  Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................          Yea
Mr. Collins.....................................          Nay   Mrs. Torres.......................          Yea
Mr. Byrne.......................................  ............
Mr. Newhouse....................................          Nay
Mr. Buck........................................  ............
Ms. Cheney......................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 234

    Motion by Mr. Polis to make in order and provide the 
appropriate waivers to amendment #7, offered by Rep. Polis (CO) 
and Rep. Correa (CA), which requires the VA to study medicinal 
marijuana as an alternative treatment option to prescription 
opioids. Defeated: 4-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................  ............  Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................          Yea
Mr. Collins.....................................          Nay   Mrs. Torres.......................          Yea
Mr. Byrne.......................................  ............
Mr. Newhouse....................................          Nay
Mr. Buck........................................          Nay
Ms. Cheney......................................          Nay
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 235

    Motion by Mr. Woodall to report the rule. Adopted: 7-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Cole........................................  ............  Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................          Yea   Mr. Polis.........................          Nay
Mr. Collins.....................................          Yea   Mrs. Torres.......................          Nay
Mr. Byrne.......................................  ............
Mr. Newhouse....................................          Yea
Mr. Buck........................................          Yea
Ms. Cheney......................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

     SUMMARY OF THE AMENDMENTS TO H.R. 2851 IN PART A MADE IN ORDER

    1. Griffith (VA), Raskin (MD), Jackson Lee (TX): 
Incorporates an inter-agency agreement transmitted to Congress 
by the Office of National Drug Control Policy (ONDCP), the U.S. 
Department of Health and Human Services (HHS) and the U.S. 
Department of Justice (DOJ). Specifically, the amendment 
clarifies when the Attorney General can temporarily and 
permanently schedule a drug or substance to the newly created 
schedule A and prevents the Attorney General from permanently 
scheduling that drug or substance if the Secretary of HHS 
determines that there is not sufficient potential for abuse. 
The amendment also clarifies under what circumstances an 
applicant for a schedule A registration may continue to conduct 
research with such schedule A substance while their application 
is pending, among their research accommodations. (10 minutes)
    2. Jackson Lee (TX): Strikes sentencing commission 
provision. (10 minutes)
    3. Maloney, Sean (NY): Requires the Drug Enforcement 
Administration to make available a report on controlled 
substance analogues sold by means of the internet. (10 minutes)
    4. Thornberry (TX): Specifies the factors to determine 
whether a controlled substance analogue is intended for human 
consumption, thus making it easier for law enforcement and 
health officials to take action against synthetic drug 
manufacturers, distributors, and sellers. (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 5735 IN PART B MADE IN ORDER

    1. Barr (KY): Clarifies selection requirements for eligible 
entities, removes recovery treatment time limits, and makes 
additional technical changes. (10 minutes)
    2. Rohrabacher (CA), Barr (KY): Alters the application 
section to require eligible entities to provide proof to the 
Secretary that the supportive housing facilities to which they 
provide financial assistance have authorization to operate by 
the local government with jurisdiction over that zone. (10 
minutes)
    3. Moore, Gwen (WI): Addresses the devastating opioid 
crisis in tribal communities by ensuring that tribal housing 
authorities are designated as eligible entities to receive 
vouchers and ensuring that the selection criteria for awarding 
vouchers reflects the impact that opioids is having in tribal 
communities. (10 minutes)
    4. Biggs (AZ): Removes a requirement to include 
recommendations for further continuation and expansion of the 
voucher program in a report to Congress. (10 minutes)

 SUMMARY OF THE AMENDMENT TO H.R. 5788 IN PART C CONSIDERED AS ADOPTED

    1. Bishop, Mike (MI), Reichert (WA), Faso (NY): SUBSTITUTE 
Changes the title of the bill to the ``Synthetics Trafficking 
and Overdose Prevention Act of 2018'' and further strengthens 
the requirement for the U.S. Postal Service (USPS) to transmit 
advance electronic data (AED) to Customs and Border Protection 
(CBP) in several significant ways: (1) Expedites the second 
deadline for the U.S. Postal Service (USPS) to transmit advance 
electronic data (AED) from 95% by December 31, 2022 to 100% by 
December 21, 2020; (2) Removes the waivers (``foreign 
capacity,'' ``extraordinary reasons,'' and ``national security 
interest'') from the obligation to transmit AED; and (3) 
establishes civil penalties if USPS accepts international mail 
shipments without AED after December 31, 2020.

 SUMMARY OF THE AMENDMENT TO H.R. 5788 IN PART D CONSIDERED AS ADOPTED

    1. Bishop, Mike (MI): Allows a limited waiver from the 
requirement to provide 100 percent of data electronically for 
any country if the Commissioner determines that country: (1) 
does not have the capacity to collect and transmit advance 
electronic data; (2) represents a low risk for shipments that 
violate relevant U.S. laws and regulations; and (3) accounts 
for low volumes of mail shipments that can be effectively 
screened for compliance with relevant U.S. laws and regulations 
through an alternate means; Gives the Commissioner additional 
discretion to modify penalties upon making the findings already 
listed in the amendment.

         PART A--TEXT OF AMENDMENTS TO H.R. 5851 MADE IN ORDER

1. An Amendment To Be Offered by Representative Griffith of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Page 3, strike lines 3 through 6, and insert the following:
                          ``(i) the chemical structure and--
                                  ``(I) the structure activity 
                                relationships; or
                                  ``(II) binding receptor 
                                assays and other relevant 
                                scientific information about 
                                the substance;''.
  Page 3, line 17, strike ``subsection (c)--'' and insert 
``subsection (c), in the matter preceding schedule I, by 
striking `IV, and V' and inserting `IV, V, and A'''.
  Beginning on page 3, strike line 18 and all that follows 
through page 4, line 12.
  Page 5, beginning on line 2, strike ``or misuse''.
  Page 5, strike line 23 and all that follows through page 6, 
line 5, and insert the following:
          ``(5)(A) Beginning no earlier than 3 years after 
        issuing an order temporarily scheduling a drug or other 
        substance under this subsection, the Attorney General 
        may, by rule, issue a permanent order adding a drug or 
        other substance to schedule A if such drug or substance 
        satisfies the criteria for being considered a 
        controlled substance in schedule A under this 
        subsection, except as provided in subparagraph (B).
          ``(B) If the Secretary has determined, based on 
        relevant scientific studies and necessary data 
        requested by the Secretary and gathered by the Attorney 
        General, that a drug or other substance that has been 
        temporarily placed in schedule A does not have 
        sufficient potential for abuse to warrant control in 
        any schedule, and so advises the Attorney General in 
        writing, the Attorney General may not issue a permanent 
        scheduling order under subparagraph (A) and shall, 
        within 30 days of receiving the Secretary's advice 
        issue an order immediately terminating the temporary 
        scheduling order.''.
  Page 6, line 7, strike ``or (5)''.
  Page 6, line 8, strike ``an order'' and insert ``a temporary 
order''.
  Page 6, line 10, strike ``or (5)''.
  Page 15, line 9, strike ``Not later'' and insert ``(A) Not 
later''.
  Page 15, after line 15 insert the following:
                  ``(B)(i) If an applicant described in 
                subparagraph (A) is registered pursuant to 
                subsection (f) to conduct research with a 
                controlled substance in schedule I or II on the 
                date on which another substance is placed in 
                schedule A, the applicant may, subject to 
                clause (iii), conduct research with that other 
                controlled substance in schedule A while the 
                application for registration pursuant to 
                subparagraph (A) is pending.
                  ``(ii) If an applicant described in 
                subparagraph (A) is registered pursuant to 
                subsection (f) as described in clause (i) to 
                conduct research with a controlled substance in 
                schedule III, IV, or V on the date on which 
                another substance is placed in schedule A, the 
                applicant may, subject to clause (iii), conduct 
                research with that other controlled substance 
                in schedule A while the application for 
                registration pursuant to subparagraph (A) is 
                pending, provided the substance for which the 
                applicant is registered to conduct research is 
                in the same schedule as, or a less-restricted 
                schedule than, the controlled substance whose 
                similarity in chemical structure and actual or 
                predicted effect to the controlled substance in 
                schedule A formed the basis for placement of 
                the substance in schedule A, as set forth in 
                the order published in the Federal Register 
                placing the substance in schedule A.
                  ``(iii) The permission to conduct research 
                pursuant to clause (i) or clause (ii) is 
                conditional on the applicant's complying with 
                the registration and other requirements for 
                controlled substances in schedule A.
                  ``(iv) This subparagraph does not apply to 
                applicants registered pursuant to subsection 
                (f) whose authorization to conduct research 
                with any controlled substances is limited to 
                doing so as a coincident activity pursuant to 
                applicable regulations of the Attorney 
                General.''.
  Page 16, line 19, insert after the period the following: 
``The 60-day period under subsection (m)(2)(A) shall be tolled 
during the period beginning on the date on which the Attorney 
General refers an application to the Secretary under this 
paragraph, and ending on the date on which the Secretary 
submits a determination related to such referal to the Attorney 
General.''.
  Page 16, beginning on line 20, strike ``If the applicant'' 
through ``this paragraph.'' on page 17, line 1, and insert the 
following: ``An applicant who meets the criteria under 
subsection (m)(1)(B) with respect to a particular schedule A 
controlled substance shall be considered qualified to conduct 
research with that substance. The Attorney General shall modify 
such applicant's registration to include such schedule A 
controlled substance in accordance with this paragraph.''.
                              ----------                              


2. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Strike section 9 (and redesignate provisions accordingly).
                              ----------                              


  3. An Amendment To Be Offered by Representative Sean Maloney of New 
             York or His Designee, Debatable for 10 Minutes

  At the end of the committee print, add the following new 
section:

SEC. 12. REPORT ON CONTROLLED SUBSTANCE ANALOGUES SOLD BY MEANS OF THE 
                    INTERNET.

  Not later than one year after the date of the enactment of 
this Act, and annually thereafter, the Administrator of the 
Drug Enforcement Administration shall make publicly available 
on the website of the Drug Enforcement Administration a report 
on, for the previous year, the lawful and unlawful sale of 
controlled substance analogues (as defined in section 102 of 
the Controlled Substances Act (21 U.S.C. 802)) by means of the 
Internet, including the following information:
          (1) The types of controlled substance analogues that 
        were sold, and the number of sales for each such 
        substance.
          (2) The name of each person, entity, or Internet 
        site, whether in the United States or abroad, that 
        knowingly or intentionally delivers, distributes, or 
        dispenses, or offers or attempts to deliver, 
        distribute, or dispense, a controlled substance 
        analogue by means of the Internet, whether lawfully or 
        unlawfully.
          (3) An estimate of the total revenue for all of the 
        vendors described in paragraph (2) for all of the sales 
        described in paragraph (1).
                              ----------                              


4. An Amendment To Be Offered by Representative Thornberry of Texas or 
                 His Designee, Debatable for 10 Minutes

  At the end of the committee print, add the following new 
section:

SEC. 12. CONTROLLED SUBSTANCE ANALOGUES.

  Section 203 of the Controlled Substances Act (21 U.S.C. 813) 
is amended--
          (1) by striking ``A controlled'' and inserting ``(a) 
        In General.--A controlled''; and
          (2) by adding at the end the following:
  ``(b) Determination.--In determining whether a controlled 
substance analogue was intended for human consumption under 
subsection (a), the following factors may be considered, along 
with any other relevant factors:
          ``(1) The marketing, advertising, and labeling of the 
        substance.
          ``(2) The known efficacy or usefulness of the 
        substance for the marketed, advertised or labeled 
        purpose.
          ``(3) The difference between the price at which the 
        substance is sold and the price at which the substance 
        it is purported to be or advertised as is normally 
        sold.
          ``(4) The diversion of the substance from legitimate 
        channels and the clandestine importation, manufacture, 
        or distribution of the substance.
          ``(5) Whether the defendant knew or should have known 
        the substance was intended to be consumed by injection, 
        inhalation, ingestion, or any other immediate means.
          ``(6) Any controlled substance analogue that is 
        manufactured, formulated, sold, distributed, or 
        marketed with the intent to avoid the provisions of 
        existing drug laws.
  ``(c) Limitation.--For purposes of this section, evidence 
that a substance was not marketed, advertised, or labeled for 
human consumption, by itself, shall not be sufficient to 
establish that the substance was not intended for human 
consumption.''.

         PART B--TEXT OF AMENDMENTS TO H.R. 5735 MADE IN ORDER

1. An Amendment To Be Offered by Representative Barr of Kentucky or His 
                   Designee, Debatable for 10 Minutes

  Page 1, line 7, strike ``AND TRANSITIONAL''.
  Page 1, line 15, strike ``and transitional''.
  Page 2, line 11, strike ``and transitional''.
  Page 2, line 14, strike ``job skills training'' and insert 
``coordination with workforce development providers''.
  Page 2, lines 15 and 16, strike ``for a period of 12 to 24 
months'' and insert ``, as determined by the entity''.
  Page 2, lines 18 and 19, strike ``for each of fiscal years 
2019 through 2023'' and insert ``for fiscal year 2019''.
  Page 2, line 22, strike ``allocated'' and insert ``renewed''.
  Page 3, lines 5 and 6, strike ``a job skills training 
program'' and insert ``demonstrate the ability to coordinate 
with workforce development providers''.
  Page 3, line 13, strike ``transitional'' and insert 
``supportive''.
  Page 4, line 4, strike ``job skills training'' and insert 
``coordination with workforce development providers''.
  Page 4, line 15, strike ``job skills training'' and insert 
``coordination with workforce development opportunities''.
  Page 5, line 3, strike ``and''.
  Page 5, after line 3, insert the following:
                                  ``(III) have adequate 
                                resources for treatment, 
                                recovery, and supportive 
                                services;
                                  ``(IV) fully comply with the 
                                Fair Housing Act (42 U.S.C. 
                                3601 et seq.) and the Civil 
                                Rights Act of 1964 (42 U.S.C. 
                                2000a et seq.); and''.
  Page 5, line 4, strike ``(III)'' and insert ``(V)''.
  Page 5, line 12, before the dash insert ``, in consultation 
with the Secretary of Health and Human Services and the 
Secretary of Labor''.
  Page 5, line 17, before ``opioid'' insert ``illicit''.
  Page 5, strike lines 19 through 25 and insert the following:
                                  ``(II) the coordination with 
                                workforce development providers 
                                by the eligible entity;
                                  ``(III) the percentage of 
                                participants in unsubsidized 
                                employment during the second 
                                and fourth calendar quarter 
                                after exit from the program;''.
  Page 6, strike ``that--'' in line 3 and all that follows 
through ``do not'' in line 4 and insert ``that do not''.
  Page 6, line 6, strike ``; and'' and insert a period.
  Page 6, strike lines 7 through 12.
  Page 6, line 13, strike ``Transfer'' and insert 
``Reissuance''.
  Page 6, after line 23, insert the following:
                  ``(H) Waivers.--The Secretary may, through 
                publication of a notice in the Federal 
                Register, waive or specify alternative 
                requirements for any provision of statue or 
                regulation governing the use of vouchers under 
                this subsection (except for requirements 
                relating to fair housing, nondiscrimination, 
                labor standards, or the environment) upon a 
                finding by the Secretary that such waiver or 
                alternative requirement is necessary for the 
                purposes of this paragraph.''.
  Page 6, line 24, strike ``(H)'' and insert ``(I)''.
  Page 8, line 11, strike ``(I)'' and insert ``(J)''.
  Page 9, line 1, strike ``RETURN OF VOUCHERS'' and insert 
``DEMONSTRATION CLOSE-OUT''.
  Page 9, line 6, strike ``on'' and insert ``not later than''.
  Page 9, line 8, before the period insert ``for use only for 
renewals of expiring contracts for such assistance''.
  Page 9, after line 8, add the following new section:

SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.

  No additional funds are authorized to be appropriated to 
carry out the requirements of this Act and the amendments made 
by this Act. Such requirements shall be carried out using 
amounts otherwise authorized to be appropriated.
                              ----------                              


    2. An Amendment To Be Offered by Representative Rohrabacher of 
          California or His Designee, Debatable for 10 Minutes

  Page 4, line 10, strike ``and''.
  Page 4, line 17, strike the period and insert ``; and''.
  Page 4, after line 17, insert the following:
                          ``(iii) evidence sufficient to 
                        demonstrate that the local government 
                        having jurisdiction over the location 
                        of any supportive housing facility to 
                        be used by the eligible entity in 
                        connection with the demonstration 
                        program under this paragraph permits 
                        such facilities in such location.''.
                              ----------                              


 3. An Amendment To Be Offered by Representative Moore of Wisconsin or 
                 Her Designee, Debatable for 10 Minutes

  Page 5, line 3, strike ``; and'' and insert ``, including 
tribal communities;''.
  Page 5, after line 3, insert the following:
                                  ``(III) appropriately reflect 
                                the impact that opioids are 
                                having in tribal communities; 
                                and''.
  Page 5, line 4, strike ``(III)'' and insert ``(IV)''.
  Page 8, line 13, after ``means'' insert the following: ``a 
tribally designated housing entity (as such term is defined in 
section 4 of the Native American Housing and Self-Determination 
Act of 1996 (24 U.S.C. 4103)), or''.
  Page 8, line 14, after ``tion'' insert a comma.
                              ----------                              


4. An Amendment To Be Offered by Representative Biggs of Arizona or His 
                   Designee, Debatable for 10 Minutes

  Page 8, strike ``, that includes'' in line 6 and all that 
follows through ``such assistance'' in line 10.

      PART C--TEXT OF AMENDMENT TO H.R. 5788 CONSIDERED AS ADOPTED

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Synthetics 
Trafficking and Overdose Prevention Act of 2018'' or ``STOP Act 
of 2018''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Customs fees.
Sec. 3. Mandatory advance electronic information for postal shipments.
Sec. 4. International postal agreements.
Sec. 5. Cost recoupment.
Sec. 6. Development of technology to detect illicit narcotics.
Sec. 7. Civil penalties for postal shipments.
Sec. 8. Report on violations of arrival, reporting, entry, and clearance 
          requirements and falsity or lack of manifest.
Sec. 9. Effective date; regulations.

SEC. 2. CUSTOMS FEES.

  (a) In General.--Section 13031(b)(9) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)) 
is amended by adding at the end the following:
          ``(D)(i) With respect to the processing of items that 
        are sent to the United States through the international 
        postal network by `Inbound Express Mail service' or 
        `Inbound EMS' (as that service is described in the mail 
        classification schedule referred to in section 3631 of 
        title 39, United States Code), the following payments 
        are required:
                  ``(I) $1 per Inbound EMS item.
                  ``(II) If an Inbound EMS item is formally 
                entered, the fee provided for under subsection 
                (a)(9), if applicable.
          ``(ii) Notwithstanding section 451 of the Tariff Act 
        of 1930 (19 U.S.C. 1451), the payments required by 
        clause (i), as allocated pursuant to clause (iii)(I), 
        shall be the only payments required for reimbursement 
        of U.S. Customs and Border Protection for customs 
        services provided in connection with the processing of 
        an Inbound EMS item.
          ``(iii)(I) The payments required by clause (i) shall 
        be allocated as follows:
                  ``(aa) 50 percent of the amount of the 
                payments shall be paid on a quarterly basis by 
                the United States Postal Service to the 
                Commissioner of U.S. Customs and Border 
                Protection in accordance with regulations 
                prescribed by the Secretary of the Treasury to 
                reimburse U.S. Customs and Border Protection 
                for customs services provided in connection 
                with the processing of Inbound EMS items.
                  ``(bb) 50 percent of the amount of the 
                payments shall be retained by the Postal 
                Service to reimburse the Postal Service for 
                services provided in connection with the 
                customs processing of Inbound EMS items.
          ``(II) Payments received by U.S. Customs and Border 
        Protection under subclause (I)(aa) shall, in accordance 
        with section 524 of the Tariff Act of 1930 (19 U.S.C. 
        1524), be deposited in the Customs User Fee Account and 
        used to directly reimburse each appropriation for the 
        amount paid out of that appropriation for the costs 
        incurred in providing services to international mail 
        facilities. Amounts deposited in accordance with the 
        preceding sentence shall be available until expended 
        for the provision of such services.
          ``(III) Payments retained by the Postal Service under 
        subclause (I)(bb) shall be used to directly reimburse 
        the Postal Service for the costs incurred in providing 
        services in connection with the customs processing of 
        Inbound EMS items.
          ``(iv) Beginning in fiscal year 2021, the Secretary, 
        in consultation with the Postmaster General, may 
        adjust, not more frequently than once each fiscal year, 
        the amount described in clause (i)(I) to an amount 
        commensurate with the costs of services provided in 
        connection with the customs processing of Inbound EMS 
        items, consistent with the obligations of the United 
        States under international agreements.''.
  (b) Conforming Amendments.--Section 13031(a) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
U.S.C. 58c(a)) is amended--
          (1) in paragraph (6), by inserting ``(other than an 
        item subject to a fee under subsection (b)(9)(D))'' 
        after ``customs officer''; and
          (2) in paragraph (10)--
                  (A) in subparagraph (C), in the matter 
                preceding clause (i), by inserting ``(other 
                than Inbound EMS items described in subsection 
                (b)(9)(D))'' after ``release''; and
                  (B) in the flush at the end, by inserting 
                ``or of Inbound EMS items described in 
                subsection (b)(9)(D),'' after ``(C),''.
  (c) Effective Date.--The amendments made by this section 
shall take effect on January 1, 2020.

SEC. 3. MANDATORY ADVANCE ELECTRONIC INFORMATION FOR POSTAL SHIPMENTS.

  (a) Mandatory Advance Electronic Information.--
          (1) In general.--Section 343(a)(3)(K) of the Trade 
        Act of 2002 (Public Law 107-210; 19 U.S.C. 2071 note) 
        is amended to read as follows:
                  ``(K)(i) The Secretary shall prescribe 
                regulations requiring the United States Postal 
                Service to transmit the information described 
                in paragraphs (1) and (2) to the Commissioner 
                of U.S. Customs and Border Protection for 
                international mail shipments by the Postal 
                Service (including shipments to the Postal 
                Service from foreign postal operators that are 
                transported by private carrier) consistent with 
                the requirements of this subparagraph.
                  ``(ii) In prescribing regulations under 
                clause (i), the Secretary shall impose 
                requirements for the transmission to the 
                Commissioner of information described in 
                paragraphs (1) and (2) for mail shipments 
                described in clause (i) that are comparable to 
                the requirements for the transmission of such 
                information imposed on similar non-mail 
                shipments of cargo, taking into account the 
                parameters set forth in subparagraphs (A) 
                through (J).
                  ``(iii) The regulations prescribed under 
                clause (i) shall require the transmission of 
                the information described in paragraphs (1) and 
                (2) with respect to a shipment as soon as 
                practicable in relation to the transportation 
                of the shipment, consistent with subparagraph 
                (H).
                  ``(iv) Regulations prescribed under clause 
                (i) shall allow for the requirements for the 
                transmission to the Commissioner of information 
                described in paragraphs (1) and (2) for mail 
                shipments described in clause (i) to be 
                implemented in phases, as appropriate, by--
                          ``(I) setting incremental targets for 
                        increasing the percentage of such 
                        shipments for which information is 
                        required to be transmitted to the 
                        Commissioner; and
                          ``(II) taking into consideration--
                                  ``(aa) the risk posed by such 
                                shipments;
                                  ``(bb) the volume of mail 
                                shipped to the United States by 
                                or through a particular 
                                country; and
                                  ``(cc) the capacities of 
                                foreign postal operators to 
                                provide that information to the 
                                Postal Service.
                  ``(v)(I) Notwithstanding clause (iv), the 
                Postal Service shall, not later than December 
                31, 2018, arrange for the transmission to the 
                Commissioner of the information described in 
                paragraphs (1) and (2) for not less than 70 
                percent of the aggregate number of mail 
                shipments, including 100 percent of mail 
                shipments from the People's Republic of China, 
                described in clause (i).
                  ``(II) If the requirements of subclause (I) 
                are not met, the Comptroller General of the 
                United States shall submit to the appropriate 
                congressional committees, not later than June 
                30, 2019, a report--
                          ``(aa) assessing the reasons for the 
                        failure to meet those requirements; and
                          ``(bb) identifying recommendations to 
                        improve the collection by the Postal 
                        Service of the information described in 
                        paragraphs (1) and (2).
                  ``(vi) Notwithstanding clause (iv), the 
                Postal Service shall, not later than December 
                31, 2020, arrange for the transmission to the 
                Commissioner of the information described in 
                paragraphs (1) and (2) for 100 percent of the 
                aggregate number of mail shipments described in 
                clause (i).
                  ``(vii)(I) The Postmaster General shall, in 
                consultation with the Commissioner, refuse any 
                shipments received after December 31, 2020, for 
                which the information described in paragraphs 
                (1) and (2) is not transmitted as required 
                under this subparagraph, except as provided in 
                subclause (II).
                  ``(II) If remedial action is warranted in 
                lieu of refusal of a shipment pursuant to 
                subclause (I), the Postmaster General and the 
                Commissioner shall take remedial action with 
                respect to the shipment, including destruction, 
                seizure, controlled delivery or other law 
                enforcement initiatives, or correction of the 
                failure to provide the information described in 
                paragraphs (1) and (2) with respect to the 
                shipment.
                  ``(viii) Nothing in this subparagraph shall 
                be construed to limit the authority of the 
                Secretary to obtain information relating to 
                international mail shipments from private 
                carriers or other appropriate parties.
                  ``(ix) In this subparagraph, the term 
                `appropriate congressional committees' means--
                          ``(I) the Committee on Finance and 
                        the Committee on Homeland Security and 
                        Governmental Affairs of the Senate; and
                          ``(II) the Committee on Ways and 
                        Means, the Committee on Oversight and 
                        Government Reform, and the Committee on 
                        Homeland Security of the House of 
                        Representatives.''.
          (2) Joint strategic plan on mandatory advance 
        information.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of Homeland 
        Security and the Postmaster General shall develop and 
        submit to the appropriate congressional committees a 
        joint strategic plan detailing specific performance 
        measures for achieving--
                  (A) the transmission of information as 
                required by section 343(a)(3)(K) of the Trade 
                Act of 2002, as amended by paragraph (1); and
                  (B) the presentation by the Postal Service to 
                U.S. Customs and Border Protection of all mail 
                targeted by U.S. Customs and Border Protection 
                for inspection.
  (b) Capacity Building.--
          (1) In general.--Section 343(a) of the Trade Act of 
        2002 (Public Law 107-210; 19 U.S.C. 2071 note) is 
        amended by adding at the end the following:
          ``(5) Capacity building.--
                  ``(A) In general.--The Secretary, with the 
                concurrence of the Secretary of State, and in 
                coordination with the Postmaster General and 
                the heads of other Federal agencies, as 
                appropriate, may provide technical assistance, 
                equipment, technology, and training to enhance 
                the capacity of foreign postal operators--
                          ``(i) to gather and provide the 
                        information required by paragraph 
                        (3)(K); and
                          ``(ii) to otherwise gather and 
                        provide postal shipment information 
                        related to--
                                  ``(I) terrorism;
                                  ``(II) items the importation 
                                or introduction of which into 
                                the United States is prohibited 
                                or restricted, including 
                                controlled substances; and
                                  ``(III) such other concerns 
                                as the Secretary determines 
                                appropriate.
                  ``(B) Provision of equipment and 
                technology.--With respect to the provision of 
                equipment and technology under subparagraph 
                (A), the Secretary may lease, loan, provide, or 
                otherwise assist in the deployment of such 
                equipment and technology under such terms and 
                conditions as the Secretary may prescribe, 
                including nonreimbursable loans or the transfer 
                of ownership of equipment and technology.''.
          (2) Joint strategic plan on capacity building.--Not 
        later than one year after the date of the enactment of 
        this Act, the Secretary of Homeland Security and the 
        Postmaster General shall, in consultation with the 
        Secretary of State, jointly develop and submit to the 
        appropriate congressional committees a joint strategic 
        plan--
                  (A) detailing the extent to which U.S. 
                Customs and Border Protection and the United 
                States Postal Service are engaged in capacity 
                building efforts under section 343(a)(5) of the 
                Trade Act of 2002, as added by paragraph (1);
                  (B) describing plans for future capacity 
                building efforts; and
                  (C) assessing how capacity building has 
                increased the ability of U.S. Customs and 
                Border Protection and the Postal Service to 
                advance the goals of this Act and the 
                amendments made by this Act.
  (c) Report and Consultations by Secretary of Homeland 
Security and Postmaster General.--
          (1) Report.--Not later than 180 days after the date 
        of the enactment of this Act, and annually thereafter 
        until 3 years after the Postmaster General has met the 
        requirement under clause (vi) of subparagraph (K) of 
        section 343(a)(3) of the Trade Act of 2002, as amended 
        by subsection (a)(1), the Secretary of Homeland 
        Security and the Postmaster General shall, in 
        consultation with the Secretary of State, jointly 
        submit to the appropriate congressional committees a 
        report on compliance with that subparagraph that 
        includes the following:
                  (A) An assessment of the status of the 
                regulations required to be promulgated under 
                that subparagraph.
                  (B) An update regarding new and existing 
                agreements reached with foreign postal 
                operators for the transmission of the 
                information required by that subparagraph.
                  (C) A summary of deliberations between the 
                United States Postal Service and foreign postal 
                operators with respect to issues relating to 
                the transmission of that information.
                  (D) A summary of the progress made in 
                achieving the transmission of that information 
                for the percentage of shipments required by 
                that subparagraph.
                  (E) An assessment of the quality of that 
                information being received by foreign postal 
                operators, as determined by the Secretary of 
                Homeland Security, and actions taken to improve 
                the quality of that information.
                  (F) A summary of policies established by the 
                Universal Postal Union that may affect the 
                ability of the Postmaster General to obtain the 
                transmission of that information.
                  (G) A summary of the use of technology to 
                detect illicit synthetic opioids and other 
                illegal substances in international mail 
                parcels and planned acquisitions and 
                advancements in such technology.
                  (H) Such other information as the Secretary 
                of Homeland Security and the Postmaster General 
                consider appropriate with respect to obtaining 
                the transmission of information required by 
                that subparagraph.
          (2) Consultations.--Not later than 180 days after the 
        date of the enactment of this Act, and every 180 days 
        thereafter until the Postmaster General has met the 
        requirement under clause (vi) of section 343(a)(3)(K) 
        of the Trade Act of 2002, as amended by subsection 
        (a)(1), to arrange for the transmission of information 
        with respect to 100 percent of the aggregate number of 
        mail shipments described in clause (i) of that section, 
        the Secretary of Homeland Security and the Postmaster 
        General shall provide briefings to the appropriate 
        congressional committees on the progress made in 
        achieving the transmission of that information for that 
        percentage of shipments.
  (d) Government Accountability Office Report.--Not later than 
June 30, 2019, the Comptroller General of the United States 
shall submit to the appropriate congressional committees a 
report--
          (1) assessing the progress of the United States 
        Postal Service in achieving the transmission of the 
        information required by subparagraph (K) of section 
        343(a)(3) of the Trade Act of 2002, as amended by 
        subsection (a)(1), for the percentage of shipments 
        required by that subparagraph;
          (2) assessing the quality of the information received 
        from foreign postal operators for targeting purposes;
          (3) assessing the specific percentage of targeted 
        mail presented by the Postal Service to U.S. Customs 
        and Border Protection for inspection;
          (4) describing the costs of collecting the 
        information required by such subparagraph (K) from 
        foreign postal operators and the costs of implementing 
        the use of that information;
          (5) assessing the benefits of receiving that 
        information with respect to international mail 
        shipments;
          (6) assessing the feasibility of assessing a customs 
        fee under section 13031(b)(9) of the Consolidated 
        Omnibus Budget Reconciliation Act of 1985, as amended 
        by section 2, on international mail shipments other 
        than Inbound Express Mail service in a manner 
        consistent with the obligations of the United States 
        under international agreements; and
          (7) identifying recommendations, including 
        recommendations for legislation, to improve the 
        compliance of the Postal Service with such subparagraph 
        (K), including an assessment of whether the detection 
        of illicit synthetic opioids in the international mail 
        would be improved by--
                  (A) requiring the Postal Service to serve as 
                the consignee for international mail shipments 
                containing goods; or
                  (B) designating a customs broker to act as an 
                importer of record for international mail 
                shipments containing goods.
  (e) Technical Correction.--Section 343 of the Trade Act of 
2002 (Public Law 107-210; 19 U.S.C. 2071 note) is amended in 
the section heading by striking ``advanced'' and inserting 
``advance''.
  (f) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means--
          (1) the Committee on Finance and the Committee on 
        Homeland Security and Governmental Affairs of the 
        Senate; and
          (2) the Committee on Ways and Means, the Committee on 
        Oversight and Government Reform, and the Committee on 
        Homeland Security of the House of Representatives.

SEC. 4. INTERNATIONAL POSTAL AGREEMENTS.

  (a) Existing Agreements.--
          (1) In general.--In the event that any provision of 
        this Act, or any amendment made by this Act, is 
        determined to be in violation of obligations of the 
        United States under any postal treaty, convention, or 
        other international agreement related to international 
        postal services, or any amendment to such an agreement, 
        the Secretary of State should negotiate to amend the 
        relevant provisions of the agreement so that the United 
        States is no longer in violation of the agreement.
          (2) Rule of construction.--Nothing in this subsection 
        shall be construed to permit delay in the 
        implementation of this Act or any amendment made by 
        this Act.
  (b) Future Agreements.--
          (1) Consultations.--Before entering into, on or after 
        the date of the enactment of this Act, any postal 
        treaty, convention, or other international agreement 
        related to international postal services, or any 
        amendment to such an agreement, that is related to the 
        ability of the United States to secure the provision of 
        advance electronic information by foreign postal 
        operators, the Secretary of State should consult with 
        the appropriate congressional committees (as defined in 
        section 3(f)).
          (2) Expedited negotiation of new agreement.--To the 
        extent that any new postal treaty, convention, or other 
        international agreement related to international postal 
        services would improve the ability of the United States 
        to secure the provision of advance electronic 
        information by foreign postal operators as required by 
        regulations prescribed under section 343(a)(3)(K) of 
        the Trade Act of 2002, as amended by section 3(a)(1), 
        the Secretary of State should expeditiously conclude 
        such an agreement.

SEC. 5. COST RECOUPMENT.

  (a) In General.--The United States Postal Service shall, to 
the extent practicable and otherwise recoverable by law, ensure 
that all costs associated with complying with this Act and 
amendments made by this Act are charged directly to foreign 
shippers or foreign postal operators.
  (b) Costs Not Considered Revenue.--The recovery of costs 
under subsection (a) shall not be deemed revenue for purposes 
of subchapter I and II of chapter 36 of title 39, United States 
Code, or regulations prescribed under that chapter.

SEC. 6. DEVELOPMENT OF TECHNOLOGY TO DETECT ILLICIT NARCOTICS.

  (a) In General.--The Postmaster General and the Commissioner 
of U.S. Customs and Border Protection, in coordination with the 
heads of other agencies as appropriate, shall collaborate to 
identify and develop technology for the detection of illicit 
fentanyl, other synthetic opioids, and other narcotics and 
psychoactive substances entering the United States by mail.
  (b) Outreach to Private Sector.--The Postmaster General and 
the Commissioner shall conduct outreach to private sector 
entities to gather information regarding the current state of 
technology to identify areas for innovation relating to the 
detection of illicit fentanyl, other synthetic opioids, and 
other narcotics and psychoactive substances entering the United 
States.

SEC. 7. CIVIL PENALTIES FOR POSTAL SHIPMENTS.

  Section 436 of the Tariff Act of 1930 (19 U.S.C. 1436) is 
amended by adding at the end the following new subsection:
  ``(e) Civil Penalties for Postal Shipments.--
          ``(1) Civil penalty.--A civil penalty shall be 
        imposed against the United States Postal Service if the 
        Postal Service accepts a shipment in violation of 
        section 343(a)(3)(K)(vii)(I) of the Trade Act of 2002.
          ``(2) Modification of civil penalty.--
                  ``(A) In general.--U.S. Customs and Border 
                Protection shall reduce or dismiss a civil 
                penalty imposed pursuant to paragraph (1) if 
                U.S. Customs and Border Protection determines 
                that the United States Postal Service--
                          ``(i) has a low error rate in 
                        compliance with section 343(a)(3)(K) of 
                        the Trade Act of 2002;
                          ``(ii) is cooperating with U.S. 
                        Customs and Border Protection with 
                        respect to the violation of section 
                        343(a)(3)(K)(vii)(I) of the Trade Act 
                        of 2002; and
                          ``(iii) has taken remedial action to 
                        prevent future violations of section 
                        343(a)(3)(K)(vii)(I) of the Trade Act 
                        of 2002.
                  ``(B) Written notification.--U.S. Customs and 
                Border Protection shall issue a written 
                notification to the Postal Service with respect 
                to each exercise of the authority of 
                subparagraph (A) to reduce or dismiss a civil 
                penalty imposed pursuant to paragraph (1).
          ``(3) Ongoing lack of compliance.--If U.S. Customs 
        and Border Protection determines that the United States 
        Postal Service--
                  ``(A) has repeatedly committed violations of 
                section 343(a)(3)(K)(vii)(I) of the Trade Act 
                of 2002,
                  ``(B) has failed to cooperate with U.S. 
                Customs and Border Protection with respect to 
                violations of section 343(a)(3)(K)(vii)(I) of 
                the Trade Act of 2002, or
                  ``(C) has an increasing error rate in 
                compliance with section 343(a)(3)(K) of the 
                Trade Act of 2002,
        civil penalties shall be imposed against the United 
        States Postal Service until corrective action, 
        satisfactory to U.S. Customs and Border Protection, is 
        taken.''.

SEC. 8. REPORT ON VIOLATIONS OF ARRIVAL, REPORTING, ENTRY, AND 
                    CLEARANCE REQUIREMENTS AND FALSITY OR LACK OF 
                    MANIFEST.

  (a) In General.--The Commissioner of U.S. Customs and Border 
Protection shall submit to the appropriate congressional 
committees an annual report that contains the information 
described in subsection (b) with respect to each violation of 
section 436 of the Tariff Act of 1930 (19 U.S.C. 1436), as 
amended by section 7, and section 584 of such Act (19 U.S.C. 
1584) that occurred during the previous year.
  (b) Information Described.--The information described in this 
subsection is the following:
          (1) The name and address of the violator.
          (2) The specific violation that was committed.
          (3) The location or port of entry through which the 
        items were transported.
          (4) An inventory of the items seized, including a 
        description of the items and the quantity seized.
          (5) The location from which the items originated.
          (6) The entity responsible for the apprehension or 
        seizure, organized by location or port of entry.
          (7) The amount of penalties assessed by U.S. Customs 
        and Border Protection, organized by name of the 
        violator and location or port of entry.
          (8) The amount of penalties that U.S. Customs and 
        Border Protection could have levied, organized by name 
        of the violator and location or port of entry.
          (9) The rationale for negotiating lower penalties, 
        organized by name of the violator and location or port 
        of entry.
  (c) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means--
          (1) the Committee on Finance and the Committee on 
        Homeland Security and Governmental Affairs of the 
        Senate; and
          (2) the Committee on Ways and Means, the Committee on 
        Oversight and Government Reform, and the Committee on 
        Homeland Security of the House of Representatives.

SEC. 9. EFFECTIVE DATE; REGULATIONS.

  (a) Effective Date.--This Act and the amendments made by this 
Act (other than the amendments made by section 2) shall take 
effect on the date of the enactment of this Act.
  (b) Regulations.--Not later than one year after the date of 
the enactment of this Act, such regulations as are necessary to 
carry out this Act and the amendments made by this Act shall be 
prescribed.

      PART D--TEXT OF AMENDMENT TO H.R. 5788 CONSIDERED AS ADOPTED

  Page 2, line 16, strike ``clause (i)'' and insert ``clause 
(i)(I)''.
  Page 7, line 24, strike ``(vi)'' and insert ``(vi)(I)''.
  Page 8, after line 5, insert the following:
                          (II) The Commissioner, in 
                        consultation with the Postmaster 
                        General, may determine to exclude a 
                        country from the requirement described 
                        in subclause (I) to transmit 
                        information for mail shipments 
                        described in clause (i) from the 
                        country if the Commissioner determines 
                        that the country--
                                  (aa) does not have the 
                                capacity to collect and 
                                transmit such information;
                                  (bb) represents a low risk 
                                for mail shipments that violate 
                                relevant United States laws and 
                                regulations; and
                                  (cc) accounts for low volumes 
                                of mail shipments that can be 
                                effectively screened for 
                                compliance with relevant United 
                                States laws and regulations 
                                through an alternate means.
                          (III) The Commissioner shall, at a 
                        minimum on an annual basis, re-evaluate 
                        any determination made under subclause 
                        (II) to exclude a country from the 
                        requirement described in subclause (I). 
                        If, at any time, the Commissioner 
                        determines that a country no longer 
                        meets the requirements under subclause 
                        (II), the Commissioner may not further 
                        exclude the country from the 
                        requirement described in subclause (I).
                          (IV) The Commissioner shall, on an 
                        annual basis, submit to the appropriate 
                        congressional committees--
                                  (aa) a list of countries with 
                                respect to which the 
                                Commissioner has made a 
                                determination under subclause 
                                (II) to exclude the countries 
                                from the requirement described 
                                in subclause (I); and
                                  (bb) information used to 
                                support such determination with 
                                respect to such countries.
  Page 8, line 14, strike ``a shipment'' and insert 
``shipments''.
  Page 8, line 17, strike ``shipment'' and insert 
``shipments''.
  Page 8. line 21, strike ``shipment'' and insert 
``shipments''.
  Page 20, line 13, strike ``and'' and insert ``or''.
  Page 21, line 10, strike ``or'' and insert ``and''.
  Page 21, line 14, strike ``shall'' and insert ``may''.

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