STRENGTHENING THE DEPARTMENT OF HOMELAND SECURITY SECURE MAIL INITIATIVE ACT; Congressional Record Vol. 163, No. 209
(Senate - December 21, 2017)

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[Pages S8270-S8271]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     STRENGTHENING THE DEPARTMENT OF HOMELAND SECURITY SECURE MAIL 
                             INITIATIVE ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 241, S. 1208.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1208) to direct the Secretary of Homeland 
     Security to provide for an option under the Secure Mail 
     Initiative under which a person to whom a document is sent 
     under that initiative may elect to have the United States 
     Postal Service use the Hold for Pickup service or the 
     Signature Confirmation service in delivering the document, 
     and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                                S. 1208

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Strengthening the Department 
     of Homeland Security Secure Mail Initiative Act''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the terms ``Hold for Pickup service'' and ``Signature 
     Confirmation service'' [means] mean the services described in 
     sections [508.7.2.1] 507.3.0 and 503.8.1.1.a, respectively, 
     of the Domestic Mail Manual (or any successor services);
       (2) the term ``Immigration Examinations Fee Account'' means 
     the account established under section 286(m) of the 
     Immigration and Nationality Act (8 U.S.C. 1356(m));
       (3) the term ``Postal Service'' means the United States 
     Postal Service; and
       (4) the term ``Secretary'' means the Secretary of Homeland 
     Security.

     SEC. 3. OFFERING HOLD FOR PICKUP AND SIGNATURE CONFIRMATION 
                   SERVICES UNDER THE SECURE MAIL INITIATIVE.

       (a) In General.--Beginning not later than 1 year after the 
     date of enactment of this Act, the Secretary shall provide 
     for an option under the Secure Mail Initiative (or any 
     successor program) under which a person to whom a document is 
     sent under that initiative may elect, except as provided in 
     subsection (e), to have the Postal Service use the Hold for 
     Pickup service or the Signature Confirmation service in 
     delivering the document.
       (b) Fee.--
       (1) In general.--The Secretary, in accordance with section 
     286(m) of the Immigration and Nationality Act (8 U.S.C. 
     1356(m)), shall require the payment of a fee from a person 
     electing a service under subsection (a), which shall be set 
     at a level that ensures recovery of--
       (A) the full costs of providing all such services; and
       (B) any additional costs associated with the administration 
     of the fees collected.
       (2) Allocation of funds.--Of the fees collected under 
     paragraph (1), the Secretary shall--
       (A) deposit as offsetting receipts into the Immigration 
     Examinations Fee Account the portion representing--
       (i) the cost to the Secretary of providing the services 
     under subsection (a); and
       (ii) any additional costs associated with the 
     administration of the fees collected; and
       (B) transfer to the Postal Service the portion representing 
     the cost to the Postal Service of providing the services 
     under subsection (a).
       (c) Regulations.--The Postal Service may promulgate 
     regulations that--
       (1) subject to paragraph (2), minimize the cost of 
     providing the services under subsection (a); and
       (2) do not require the Postal Service to incur additional 
     expenses that are not recoverable under subsection (b).
       (d) Notice of Changes.--The Postal Service shall notify the 
     Secretary of any changes to the Hold for Pickup service or 
     the Signature Confirmation service.
       (e) Use of Private Carrier.--
       (1) In general.--If the Secretary determines that a private 
     carrier that offers substantially similar services to the 
     Hold for Pickup and Signature Confirmation services would 
     provide better service and value than the Postal Service 
     provides under subsection (a), the Secretary may, in 
     accordance with paragraph (2) of this subsection--
       (A) discontinue use of the services of the Postal Service 
     under subsection (a); and
       (B) enter into a contract with the private carrier under 
     which a person to whom a document is sent under the Secure 
     Mail Initiative (or any successor program) may elect to have 
     the private carrier use one of the substantially similar 
     services in delivering the document.
       (2) Requirements.--The Secretary may not exercise the 
     authority under paragraph (1) unless the Secretary--
       (A) determines, and notifies the Postal Service, that the 
     private carrier offers services that are substantially 
     similar to the Hold for Pickup and Signature Confirmation 
     services;
       (B) provides for an option under the Secure Mail Initiative 
     (or any successor program) under which a person to whom a 
     document is sent under that initiative may elect a service 
     under paragraph (1)(B);
       (C) requires the payment of a fee from a person electing a 
     service under paragraph (1)(B), which shall be set at a level 
     that ensures recovery of--
       (i) the full cost of contracting with the private carrier 
     to provide all such services; and
       (ii) any additional costs associated with the 
     administration of the fees collected; and
       (D) deposits the fees collected under subparagraph (C) as 
     offsetting receipts into the Immigration Examinations Fees 
     Account.

     SEC. 4. REPORT.

       Not later than 2 years after the date of enactment of this 
     Act, the Secretary shall submit to Congress a report that 
     describes--
       (1) the implementation of the requirements under section 3;
       (2) the fee imposed under subsection (b) or (e)(2)(C), as 
     applicable, of section 3; and
       (3) the number of times during the previous year that a 
     person used a service under subsection (a) or (e)(1)(B) of 
     section 3.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported amendments be agreed to, the bill, as amended, be 
considered read a third time and passed, and the motion to reconsider 
be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendments were agreed to.
  The bill (S. 1208), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 1208

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Strengthening the Department 
     of Homeland Security Secure Mail Initiative Act''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the terms ``Hold for Pickup service'' and ``Signature 
     Confirmation service'' mean the services described in 
     sections 507.3.0 and 503.8.1.1.a, respectively, of the 
     Domestic Mail Manual (or any successor services);
       (2) the term ``Immigration Examinations Fee Account'' means 
     the account established under section 286(m) of the 
     Immigration and Nationality Act (8 U.S.C. 1356(m));
       (3) the term ``Postal Service'' means the United States 
     Postal Service; and
       (4) the term ``Secretary'' means the Secretary of Homeland 
     Security.

[[Page S8271]]

  


     SEC. 3. OFFERING HOLD FOR PICKUP AND SIGNATURE CONFIRMATION 
                   SERVICES UNDER THE SECURE MAIL INITIATIVE.

       (a) In General.--Beginning not later than 1 year after the 
     date of enactment of this Act, the Secretary shall provide 
     for an option under the Secure Mail Initiative (or any 
     successor program) under which a person to whom a document is 
     sent under that initiative may elect, except as provided in 
     subsection (e), to have the Postal Service use the Hold for 
     Pickup service or the Signature Confirmation service in 
     delivering the document.
       (b) Fee.--
       (1) In general.--The Secretary, in accordance with section 
     286(m) of the Immigration and Nationality Act (8 U.S.C. 
     1356(m)), shall require the payment of a fee from a person 
     electing a service under subsection (a), which shall be set 
     at a level that ensures recovery of--
       (A) the full costs of providing all such services; and
       (B) any additional costs associated with the administration 
     of the fees collected.
       (2) Allocation of funds.--Of the fees collected under 
     paragraph (1), the Secretary shall--
       (A) deposit as offsetting receipts into the Immigration 
     Examinations Fee Account the portion representing--
       (i) the cost to the Secretary of providing the services 
     under subsection (a); and
       (ii) any additional costs associated with the 
     administration of the fees collected; and
       (B) transfer to the Postal Service the portion representing 
     the cost to the Postal Service of providing the services 
     under subsection (a).
       (c) Regulations.--The Postal Service may promulgate 
     regulations that--
       (1) subject to paragraph (2), minimize the cost of 
     providing the services under subsection (a); and
       (2) do not require the Postal Service to incur additional 
     expenses that are not recoverable under subsection (b).
       (d) Notice of Changes.--The Postal Service shall notify the 
     Secretary of any changes to the Hold for Pickup service or 
     the Signature Confirmation service.
       (e) Use of Private Carrier.--
       (1) In general.--If the Secretary determines that a private 
     carrier that offers substantially similar services to the 
     Hold for Pickup and Signature Confirmation services would 
     provide better service and value than the Postal Service 
     provides under subsection (a), the Secretary may, in 
     accordance with paragraph (2) of this subsection--
       (A) discontinue use of the services of the Postal Service 
     under subsection (a); and
       (B) enter into a contract with the private carrier under 
     which a person to whom a document is sent under the Secure 
     Mail Initiative (or any successor program) may elect to have 
     the private carrier use one of the substantially similar 
     services in delivering the document.
       (2) Requirements.--The Secretary may not exercise the 
     authority under paragraph (1) unless the Secretary--
       (A) determines, and notifies the Postal Service, that the 
     private carrier offers services that are substantially 
     similar to the Hold for Pickup and Signature Confirmation 
     services;
       (B) provides for an option under the Secure Mail Initiative 
     (or any successor program) under which a person to whom a 
     document is sent under that initiative may elect a service 
     under paragraph (1)(B);
       (C) requires the payment of a fee from a person electing a 
     service under paragraph (1)(B), which shall be set at a level 
     that ensures recovery of--
       (i) the full cost of contracting with the private carrier 
     to provide all such services; and
       (ii) any additional costs associated with the 
     administration of the fees collected; and
       (D) deposits the fees collected under subparagraph (C) as 
     offsetting receipts into the Immigration Examinations Fees 
     Account.

     SEC. 4. REPORT.

       Not later than 2 years after the date of enactment of this 
     Act, the Secretary shall submit to Congress a report that 
     describes--
       (1) the implementation of the requirements under section 3;
       (2) the fee imposed under subsection (b) or (e)(2)(C), as 
     applicable, of section 3; and
       (3) the number of times during the previous year that a 
     person used a service under subsection (a) or (e)(1)(B) of 
     section 3.

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