115th CONGRESS
1st Session
S. 1208
AN ACT
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.
Short title
This Act may be cited as the Strengthening the Department of Homeland Security Secure Mail Initiative Act
.
Definitions
In this Act—
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);
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));
the term Postal Service means the United States Postal Service; and
the term Secretary means the Secretary of Homeland Security.
Offering Hold for Pickup and Signature Confirmation services under the Secure Mail Initiative
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.
Fee
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—
the full costs of providing all such services; and
any additional costs associated with the administration of the fees collected.
Allocation of funds
Of the fees collected under paragraph (1), the Secretary shall—
deposit as offsetting receipts into the Immigration Examinations Fee Account the portion representing—
the cost to the Secretary of providing the services under subsection (a); and
any additional costs associated with the administration of the fees collected; and
transfer to the Postal Service the portion representing the cost to the Postal Service of providing the services under subsection (a).
Regulations
The Postal Service may promulgate regulations that—
subject to paragraph (2), minimize the cost of providing the services under subsection (a); and
do not require the Postal Service to incur additional expenses that are not recoverable under subsection (b).
Notice of changes
The Postal Service shall notify the Secretary of any changes to the Hold for Pickup service or the Signature Confirmation service.
Use of private carrier
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—
discontinue use of the services of the Postal Service under subsection (a); and
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.
Requirements
The Secretary may not exercise the authority under paragraph (1) unless the Secretary—
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;
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);
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—
the full cost of contracting with the private carrier to provide all such services; and
any additional costs associated with the administration of the fees collected; and
deposits the fees collected under subparagraph (C) as offsetting receipts into the Immigration Examinations Fees Account.
Report
Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes—
the implementation of the requirements under section 3;
the fee imposed under subsection (b) or (e)(2)(C), as applicable, of section 3; and
the number of times during the previous year that a person used a service under subsection (a) or (e)(1)(B) of section 3.
Passed the Senate December 21, 2017.
Secretary