This bill limits the authority of the Department of State with respect to international postal agreements that would require the U.S. Postal Service (USPS) to establish a classification, rate, or fee for any postal service.
The Board of Governors of the USPS must establish reasonable and equitable classes of mail and reasonable and equitable rates of postage and fees for the transportation and delivery within the United States of documents and goods received from other countries. Such classifications, rates, and fees shall be regulated by the Postal Regulatory Commission in the same manner as comparable domestic classifications, rates, and fees, and shall be available to users of domestic postal services under the same terms and conditions as provided to foreign post offices and other entities tendering documents and goods from other countries to the USPS.
The classifications, rates, and fees established by the USPS shall not discriminate between documents or goods received from other countries based on the country of origin, the nationality of the sender, or the ownership or governmental designation of the entity tendering the documents or goods to it.
The State Department may not conclude a treaty, convention, or other intergovernmental agreement that requires the USPS to provide preferential classifications, rates, or fees for the transportation and delivery within the United States of documents and goods received from other countries unless specified conditions are met.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5524 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5524
To amend title 39, United States Code, to require the United States
Postal Service to establish rates for delivery of inbound international
mail that do not discriminate between foreign and domestic mailers, to
review foreign practices with respect to the exchange of e-commerce
goods with the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 16, 2018
Mr. Marchant (for himself, Mr. Abraham, and Mr. Ross) introduced the
following bill; which was referred to the Committee on Oversight and
Government Reform, and in addition to the Committees on Ways and Means,
and Foreign Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 39, United States Code, to require the United States
Postal Service to establish rates for delivery of inbound international
mail that do not discriminate between foreign and domestic mailers, to
review foreign practices with respect to the exchange of e-commerce
goods with the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. LIMITATION ON THE AUTHORITY OF SECRETARY OF STATE WITH
RESPECT TO INTERNATIONAL POSTAL AGREEMENTS.
Subsection (b)(1) of section 407 of title 39, United States Code,
is amended to read as follows:
``(b)(1) The Secretary of State shall be responsible for
formulation, coordination, and oversight of foreign policy related to
international postal services and other international delivery services
and shall have the power to conclude postal treaties, conventions, and
amendments related to international postal services and other
international delivery services, except that the Secretary may not
conclude any treaty, convention, or other international agreement
(including any regulation of the Universal Postal Union binding on the
United States) if such treaty, convention, or agreement would--
``(A) with respect to any competitive product, grant an
undue or unreasonable preference to the Postal Service, a
private provider of international postal or delivery services,
or any other person; or
``(B) require the Postal Service to establish a
classification, rate, or fee for any postal service except as
provided in subsection (f).''.
SEC. 2. NONDISCRIMINATORY RATES FOR DELIVERY OF INBOUND INTERNATIONAL
MAIL GENERALLY.
Subsection (c) of section 407 of title 39, United States Code, is
amended to read as follows:
``(c)(1) Except as provided in subsection (f), the Governors shall,
in accordance with the provisions of chapter 36, establish reasonable
and equitable classes of mail and reasonable and equitable rates of
postage and fees for the transportation and delivery within the United
States of documents and goods received from other countries. Such
classifications, rates, and fees shall be regulated by the Postal
Regulatory Commission in the same manner as comparable domestic
classifications, rates, and fees, and shall be available to users of
domestic postal services under the same terms and conditions as
provided to foreign post offices and other entities tendering documents
and goods from other countries to the Postal Service.
``(2) The classifications, rates, and fees established by the
Postal Service under this subsection and subsection (d) shall not
discriminate between documents or goods received from other countries
based on the country of origin, the nationality of the sender, or the
ownership or governmental designation of the entity tendering the
documents or goods to the Postal Service.''.
SEC. 3. PREFERENTIAL RATES FOR INBOUND NONCOMMERCIAL MAIL FROM
DEVELOPING COUNTRIES.
Section 407 of title 39, United States Code, is amended by adding
at the end the following:
``(f)(1) Pursuant to subsection (b), the Secretary of State may
conclude a treaty, convention, amendment, or other intergovernmental
agreement that requires the Postal Service to provide preferential
classifications, rates, or fees for the transportation and delivery
within the United States of documents and goods received from other
countries in accordance with this subsection.
``(2) No classification, rate, or fee established under this
subsection shall--
``(A) apply to documents and goods sent from an
industrialized country to the United States;
``(B) apply to commercial goods sent to the United States
from a country that exports such commercial goods to the United
States in quantities that have a significant competitive effect
on business concerns within the United States;
``(C) discriminate between documents or goods received from
a specific country based on the ownership or governmental
designation of the entity tendering the documents or goods to
the Postal Service; or
``(D) be effective for more than 4 years.
``(3) At least 120 days prior to concluding negotiations with
respect to any treaty, convention, amendment, or other
intergovernmental agreement (including any regulation of the Universal
Postal Union binding on the United States Government) that proposes to
establish a preferential classification, rate, or fee pursuant to
paragraph (1), the Secretary of State shall submit the proposed
classification, rate, or fee to the Postal Regulatory Commission for
review together with a written statement explaining why it is in the
foreign policy or national security interest of the United States to
provide such preference (provided that the Secretary may designate
portions that shall be kept confidential for reasons of foreign policy
or national security for a period not exceeding 4 years).
``(4) Promptly after receiving a request under paragraph (3), the
Commission shall provide notice and an opportunity for public comment
in conformance with the rulemaking requirements of section 553 of title
5, United States Code. The Commission may also provide for an
evidentiary hearing on the record if it considers such a hearing
necessary. In its review, the Commission shall determine whether the
proposed classification, rate, or fee is--
``(A) reasonably calculated to achieve the foreign policy
or national security objectives defined by the Secretary in a
manner that is as consistent as possible with the national
policies established in subsection (a); and
``(B) consistent with the requirements of paragraph (2) of
this subsection.
Unless the Commission determines that the proposed preferential
classification, rate, or fee must be disapproved, the Commission shall
also provide an estimate of the monetary value of the approved
preference for each year for which the preference is to be effective.
``(5) Within 90 days of receiving a request under paragraph (3),
Commission shall issue a decision which approves, approves with
modifications, or disapproves the proposed classification, rate, or
fee. The Secretary shall ensure that each treaty, convention, or
amendment concluded under this section is consistent with the decision
of the Commission.
``(6) The Commission shall periodically determine the difference
between the revenues received by the Postal Service pursuant to
preferential classifications, rates, or fees approved under this
subsection and the revenues that the Postal Service would have received
in the absence of such classifications, rates, or fees. Such estimates
shall be included in the annual report provided by the Commission under
section 3651(b).
``(7) Within 3 months after the end of each Government fiscal year,
the Secretary shall transfer to the Postal Service the revenues
foregone due to such preferential rates, fees, or classifications in
the previous fiscal year, as determined by the Commission, from funds
appropriated to the Department of State for that purpose.
``(8) Within 120 days from the enactment of this section, the
Commission shall promulgate (and may thereafter revise) such
regulations as it deems necessary and proper to implement this
subsection. In promulgating such regulations, the Commission shall take
account of, but not be bound by the definitions of terms and other
standards of the Universal Postal Union.''.
SEC. 4. EFFECT ON INTERNATIONAL POSTAL AGREEMENTS.
(a) In General.--In the implementation of paragraph 407(b)(1) of
title 39, United States Code, as amended by section 1, the Secretary of
State may not conclude, approve, or otherwise agree to the Universal
Postal Convention adopted by the Congress of the Universal Postal Union
held in Istanbul in 2016.
(b) Application.--This Act supersedes any postal treaties,
conventions, and amendments related to international postal services
and other international delivery services (including any regulation of
the Universal Postal Union binding on the United States Government) to
which the United States is a party to the extent such postal treaties,
conventions, and amendments are inconsistent with this Act.
SEC. 5. REPORT ON TRADE IN E-COMMERCE GOODS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Commerce shall, in consultation with the
Office of the United States Trade Representative and with other Federal
agencies as appropriate, submit a report to the President and Congress
on the policies of foreign governments toward the transmission of e-
commerce goods to or from the United States by means of international
postal services and other international delivery services.
(b) Report Contents.--The report required in subsection (a) shall
identify and analyze--
(1) foreign subsidies, laws, or other governmental programs
that provide for foreign merchants unfair or unreasonable
assistance in the sale of e-commerce goods to consumers in the
United States;
(2) foreign subsidies, laws, or other governmental programs
that unfairly disadvantage United States merchants in the sale
of e-commerce goods to consumers in other countries; and
(3) foreign laws and policies relating to the exchange of
e-commerce goods which are inconsistent with the policies of
the United States regarding international trade in services
generally (section 104A(a) of the Trade Act of 1974; 19 U.S.C.
2114a(a)) and international postal agreements (section 407(a)
of title 39, United States Code) and which are detrimental to
the interests of the domestic or international operations of
United States companies.
(c) Proposals.--The report required in subsection (a) should
propose appropriate steps that could be taken by the Secretary of
Commerce, by other Federal agencies, or by Congress to remedy issues
identified under subsection (b). Such steps may include proposals for--
(1) remedial actions that may be taken by the United States
alone;
(2) modification of existing trade, postal, or other
international agreements or development of new trade, postal,
or other international agreements;
(3) United States advocacy in international organizations;
and
(4) modification or improvement in the coordination of
policies and positions among United States agencies.
(d) Countries Covered.--The report required in subsection (a) may
be limited to countries that, in the judgment of the Secretary of
Commerce, have or soon will have a significant level of trade in e-
commerce goods with the United States.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect on the date that is one year after the
date of enactment of this Act, except for section 4(a) which shall take
effect on such date of enactment.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Ways and Means, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Ways and Means, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Ways and Means, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Trade.
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