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[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]
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