[House Report 115-639]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-639
======================================================================
MOVING AMERICANS PRIVACY PROTECTION ACT
_______
April 16, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Brady of Texas, from the Committee on Ways and Means, submitted the
following
R E P O R T
[To accompany H.R. 4403]
[Including cost estimate of the Congressional Budget Office]
The Committee on Ways and Means, to whom was referred the
bill (H.R. 4403) to amend the Tariff Act of 1930 to protect
personally identifiable information, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
I. SUMMARY AND BACKGROUND............................................2
A. Purpose and Summary................................... 2
B. Background and Need for Legislation................... 2
C. Legislative History................................... 3
II. EXPLANATION OF THE BILL...........................................3
Section 1: Short Title................................... 3
Section 2: Protection of Personally Identifiable
Information.......................................... 3
III.VOTES OF THE COMMITTEE............................................4
IV. BUDGET EFFECTS OF THE BILL........................................5
A. Committee Estimate of Budgetary Effects............... 5
B. Statement Regarding New Budget Authority and Tax
Expenditures Budget Authority........................ 5
C. Cost Estimate Prepared by the Congressional Budget
Office............................................... 5
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE........6
A. Committee Oversight Findings and Recommendations...... 6
B. Statement of General Performance Goals and Objectives. 6
C. Information Relating to Unfunded Mandates............. 6
D. Congressional Earmarks, Limited Tax Benefits, and
Limited Tariff Benefits.............................. 6
E. Duplication of Federal Programs....................... 6
F. Disclosure of Directed Rule Makings................... 7
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED.............7
A. Text of Existing Law Amended or Repealed by the Bill,
as Reported.......................................... 7
B. Changes in Existing Law Proposed by the Bill, as
Reported............................................. 9
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Moving Americans Privacy Protection
Act''.
SEC. 2. PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.
(a) In General.--Section 431(c)(2) of the Tariff Act of 1930 (19
U.S.C. 1431(c)(2)) is amended to read as follows:
``(2)(A) The information listed in paragraph (1) shall not be
available for public disclosure if--
``(i) the Secretary of the Treasury makes an affirmative
finding on a shipment-by-shipment basis that disclosure is
likely to pose a threat of personal injury or property damage;
or
``(ii) the information is exempt under the provisions of
section 552(b)(1) of title 5, United States Code.
``(B) The Secretary shall ensure that any personally identifiable
information, including Social Security account numbers and passport
numbers, is removed from any manifest signed, produced, delivered, or
electronically transmitted under this section before access to the
manifest is provided to the public.''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on the date that is 30 days after the date of the enactment of
this Act.
I. SUMMARY AND BACKGROUND
A. Purpose and Summary
The Moving Americans Privacy Act protects personally
identifiable information by amending the Tariff Act of 1930 to
require U.S. Customs and Border Protection (CBP) to ensure that
personally identifiable information, such as social security
numbers and passport numbers, are removed from any manifest
that is signed, produced, delivered, or transmitted before the
manifest is disclosed to the public.
B. Background and Need for Legislation
CBP is responsible for ensuring cargo and passenger
clearance, compliance of imports and exports with U.S. laws,
collection of revenue, and prevention against the smuggling of
contraband and the illegal entry of persons. As part of these
functions, vessels are required to submit to CBP manifest
documents for shipments into the United States either at or
before the time of entry. Under current law, CBP is required to
make certain information on the manifest available for public
disclosure, including: the name and address of the importer or
consignee; name and address of the shipper; a description of
the cargo; the name of the vessel, aircraft, or carrier; the
seaport or airport of loading; the seaport of airport of
discharge; the country of origin of the shipment; and the
trademarks appearing on the goods or packages in the shipments.
CBP is also required to have procedures providing for the
adequate protection against the public disclosure of
information that is not available for public disclosure from
such manifests. While CBP maintains procedures for importers
and consignees to request the confidential treatment of certain
information, determinations to grant confidential treatment may
take several months and often may not be granted until after
the manifest data has already been disclosed. Further, absent a
request for confidential treatment, CBP does not independently
screen manifests for personally identifiable information
because there is no requirement to provide that information on
the manifest.
As a result, personally identifiable information, such as
social security numbers, passport numbers, and license
information, has at times been inadvertently disclosed to the
public, putting individuals at risk for identity theft, credit
card fraud, and unwanted solicitations. While certain
personally identifiable information should not be entered on a
manifest in the first place, and while CBP has a process in
place for individuals to seek confidential treatment if they
have provided such information, the burden should not fall on
individual consumers to ensure that the agency does not make
such information available to the public. Legislation is needed
to shift the burden from the individual consumer to the agency.
C. Legislative History
Background
H.R. 4403, to amend the Tariff Act of 1930 to protect
personally identifiable information, and for other purposes,
was introduced on November 15, 2017, by Representative Jeff
Denham and Ranking Member Bill Pascrell, Jr. and was referred
to the Committee on Ways and Means.
Committee action
The Committee on Ways and Means marked up H.R. 4403, Moving
Americans Privacy Protection Act, on April 11, 2018, and
ordered the bill, as amended, favorably reported (with a quorum
being present).
II. EXPLANATION OF THE BILL
Section 1: Short Title
Present law
No provision.
Explanation of provision
This Act may be cited as ``Moving Americans Privacy
Protection Act.''
Reason for change
The Committee believes that the short title accurately
reflects the policy actions included in the legislation.
Effective date
The provision is effective 30 days after the date of the
enactment of this Act.
Section 2: Protection of Personally Identifiable Information
Present law
Section 431(c) of the Tariff Act of 1930 requires that
certain information contained on manifests be available for
public disclosure. Such information includes the name and
address of the importer or consignee; name and address of the
shipper; a description of the cargo; the name of the vessel,
aircraft, or carrier; the seaport or airport of loading; the
seaport of airport of discharge; the country of origin of the
shipment; and the trademarks appearing on the goods or packages
in the shipments. It also requires that such information not be
available for public disclosure if a determination is made that
the disclosure is likely to pose a threat of personal injury or
personal property or if the information is exempt under the
Freedom of Information Act (section 552(b)(1) of title 5 of the
United States Code). It further requires CBP to establish
procedures to provide access to manifests, including provisions
for adequate protection against the public disclosure of
information not available for public disclosure from such
manifests.
Explanation of provision
Section 2(a) amends section 431(c) of the Tariff Act of
1930 by adding a requirement that CBP ensure that any
personally identifiable information, including social security
numbers and passport numbers, are removed from any manifest
before making it available to the public.
Section 2(b) provides a 30-day effective date period to
allow CBP time to program its systems to identify and remove
any such personally identifiable information.
Reason for change
The Committee is concerned about the unauthorized
disclosure of personally identifiable information in the public
domain. CBP maintains a process for individuals to seek
confidential treatment of their personally identifiable
information. But such determinations may take several months
and often may not be granted until after the manifest data has
already been disclosed. In addition, individuals may be unaware
that a carrier has placed their personal information on a
manifest in the first instance. This has resulted in instances
in which personally identifiable information has been
inadvertently disclosed in the public domain, putting
individuals at risk for identify theft, credit card fraud, and
unwanted solicitations. This legislation would require CBP to
ensure that personally identifiable information is not
disclosed publicly, even in instances in which an individual
has not filed a request for confidential treatment.
Effective date
The provision is effective 30 days after the date of the
enactment of this Act.
III. VOTES OF THE COMMITTEE
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the following statement is made
concerning the vote of the Committee on Ways and Means in its
consideration of H.R. 4403, Moving Americans Privacy Protection
Act, on April 11, 2018.
The Chairman's amendment in the nature of a substitute was
adopted by a voice vote (with a quorum being present).
The bill, H.R. 4403, was ordered favorably reported as
amended by voice vote (with a quorum being present).
IV. BUDGET EFFECTS OF THE BILL
A. Committee Estimate of Budgetary Effects
In compliance with clause 3(d) of rule XIII of the Rules of
the House of Representatives, the following statement is made
concerning the effects on the budget of the bill, H.R. 4403, as
reported. The Committee agrees with the estimate prepared by
the Congressional Budget Office (CBO), which is included below.
B. Statement Regarding New Budget Authority and Tax Expenditures Budget
Authority
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee states that the
bill involves no new or increased budget authority. The
Committee states further that the bill involves no new or
increased tax expenditures.
C. Cost Estimate Prepared by the Congressional Budget Office
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, requiring a cost estimate
prepared by the CBO, the following statement by CBO is
provided.
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 13, 2018.
Hon. Kevin Brady,
Chairman, Committee on Ways and Means,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office and the
staff of the Joint Committee on Taxation (JCT) have reviewed
the following bills that were ordered reported by the House
Committee on Ways and Means on April 11, 2018:
H.R. 4403, the Moving Americans Privacy
Protection Act (the bill would require the Secretary of
the Treasury to ensure any personally identifiable
information is removed from tariff manifests before
being disclosed to the public);
H.R. 5438, a bill to amend the Internal
Revenue Code of 1986 to allow officers and employees of
the Department of Treasury to provide to taxpayers
information regarding low-income taxpayer clinics (for
JCT's description of the bill see: www.jct.gov/
publications.html?func=startdown&id=5078);
H.R. 5439, a bill to provide a single point
of contact at the Internal Revenue Service for the
taxpayers who are victims of tax-related identity theft
(for JCT's description of the bill see: www.jct.gov/
publications.html?func=startdown&id=5084); and
H.R. 5440, a bill to require notice from
the Secretary of the Treasury in the case of any
closure of a Taxpayer Assistance Center (for JCT's
description of the bill see: www.jct.gov/
publications.html?func=startdown&id=5076).
CBO estimates that implementing each of those bills would
have no significant discretionary cost. In addition, CBO and
JCT estimate that enacting the bill would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
CBO and JCT estimate that enacting these bills would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2029.
CBO and JCT have reviewed the bills and determined that
they contain no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall,
Director.
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE
A. Committee Oversight Findings and Recommendations
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, the Committee made findings and
recommendations that are reflected in this report.
B. Statement of General Performance Goals and Objectives
With respect to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
bill does not authorize funding, so no statement of general
performance goals and objectives is required.
C. Information Relating to Unfunded Mandates
This information is provided in accordance with section 423
of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-
4).
The Committee has determined that the bill does not contain
Federal mandates on the private sector. The Committee has
determined that the bill does not impose a Federal
intergovernmental mandate on State, local, or tribal
governments.
D. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
With respect to clause 9 of rule XXI of the Rules of the
House of Representatives, the Committee has carefully reviewed
the provisions of the bill, and states that the provisions of
the bill do not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits within the meaning of the
rule.
E. Duplication of Federal Programs
In compliance with clause 3(c)(5) of rule XIII of the Rules
of the House of Representatives, the Committee states that no
provision of the bill establishes or reauthorizes: (1) a
program of the Federal Government known to be duplicative of
another Federal program; (2) a program included in any report
from the Government Accountability Office to Congress pursuant
to section 21 of Public Law 111-139; or (3) a program related
to a program identified in the most recent Catalog of Federal
Domestic Assistance, published pursuant to the Federal Program
Information Act (Pub. L. No. 95-220, as amended by Pub. L. No.
98-169).
F. Disclosure of Directed Rule Makings
In compliance with Sec. 3(i) of H. Res. 5 (115th Congress),
the following statement is made concerning directed rule
makings: The Committee advises that the bill requires no
directed rulemakings within the meaning of such section.
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
A. Text of Existing Law Amended or Repealed by the Bill, as Reported
In compliance with clause 3(e)(1)(A) of rule XIII of the
Rules of the House of Representatives, the text of each section
proposed to be repealed by the bill, as reported, is shown
below:
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TARIFF ACT OF 1930
* * * * * * *
TITLE IV--ADMINISTRATIVE PROVISIONS
* * * * * * *
Part II--Report, Entry, and Unlading of Vessels and Vehicles
SEC. 431. MANIFEST--REQUIREMENT, FORM, AND CONTENTS.
(a) In General.--Every vessel required to make entry under
section 434 or obtain clearance under section 4197 of the
Revised Statutes of the United States (46 U.S.C. App. 91) shall
have a manifest that complies with the requirements prescribed
under subsection (d).
(b) Production of Manifest.--Any manifest required by the
Customs Service shall be signed, produced, delivered or
electronically transmitted by the master or person in charge of
the vessel, aircraft, or vehicle, or by any other authorized
agent of the owner or operator of the vessel, aircraft, or
vehicle in accordance with the requirements prescribed under
subsection (d). A manifest may be supplemented by bill of
lading data supplied by the issuer of such bill. If any
irregularity of omission or commission occurs in any way in
respect to any manifest or bill of lading data, the owner or
operator of the vessel, aircraft or vehicle, or any party
responsible for such irregularity, shall be liable for any fine
or penalty prescribed by law with respect to such irregularity.
The Customs Service may take appropriate action against any of
the parties.
(c)(1) Except as provided in subparagraph (2), the following
information, when contained in such vessel or aircraft
manifest, shall be available for public disclosure:
(A) The name and address of each importer or
consignee and the name and address of the shipper to
such importer or consignee, unless the importer or
consignee has made a biennial certification, in
accordance with procedures adopted by the Secretary of
the Treasury, claiming confidential treatment of such
information.
(B) The general character of the cargo.
(C) The number of packages and gross weight.
(D) The name of the vessel, aircraft, or carrier.
(E) The seaport or airport of loading.
(F) The seaport or airport of discharge.
(G) The country of origin of the shipment.
(H) The trademarks appearing on the goods or
packages.
[(2) The information listed in paragraph (1) shall not be
available for public disclosure if--
[(A) the Secretary of the Treasury makes an
affirmative finding on a shipment-by-shipment basis
that disclosure is likely to pose a threat of personal
injury or property damage; or
[(B) the information is exempt under the provisions
of section 552(b)(1) of title 5 of the United States
Code.]
(2)(A) The information listed in paragraph (1) shall not be
available for public disclosure if--
(i) the Secretary of the Treasury makes an
affirmative finding on a shipment-by-shipment basis
that disclosure is likely to pose a threat of personal
injury or property damage; or
(ii) the information is exempt under the provisions
of section 552(b)(1) of title 5, United States Code.
(B) The Secretary shall ensure that any personally
identifiable information, including Social Security account
numbers and passport numbers, is removed from any manifest
signed, produced, delivered, or electronically transmitted
under this section before access to the manifest is provided to
the public.
(3) The Secretary of the Treasury, in order to allow for the
timely dissemination and publication of the information listed
in paragraph (1), shall establish procedures to provide access
to manifests. Such procedures shall include provisions for
adequate protection against the public disclosure of
information not available for public disclosure from such
manifests.
(d) Regulations.--
(1) In general.--The Secretary shall by regulation--
(A) specify the form for, and the information
and data that must be contained in, the
manifest required by subsection (a);
(B) allow, at the option of the individual
producing the manifest and subject to paragraph
(2), letters and documents shipments to be
accounted for by summary manifesting
procedures;
(C) prescribe the manner of production for,
and the delivery or electronic transmittal of
the manifest required by subsection (a); and
(D) prescribe the manner for supplementing
manifests will bill of lading data under
subsection (b).
(2) Letters and documents shipments.--For purposes of
paragraph (1)(B)--
(A) the Customs Service may require with
respect to letters and documents shipments--
(i) that they be segregated by
country of origin, and
(ii) additional examination
procedures that are not necessary for
individually manifested shipments;
(B) standard letter envelopes and standard
document packs shall be segregated from larger
document shipments for purposes of customs
inspections; and
(C) the term ``letters and documents''
means--
(i) data described in General
Headnote 4(c) of the Harmonized Tariff
Schedule of the United States,
(ii) securities and similar evidences
of value described in heading 4907 of
such Schedule, but not monetary
instruments defined pursuant to chapter
53 of title 31, United States Code, and
(iii) personal correspondence,
whether on paper, cards, photographs,
tapes, or other media.
* * * * * * *
B. Changes in Existing Law Proposed by the Bill, as Reported
In compliance with clause 3(e)(1)(B) of rule XIII of the
Rules of the House of Representatives, changes in existing law
proposed by the bill, as reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
[all]