119-hr2604

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2604 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2604

 To ensure the digital contents of electronic equipment and online 
 accounts belonging to or in the possession of United States persons 
 entering or exiting the United States are adequately protected at the 
 border, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 April 2, 2025

 Mr. Lieu (for himself, Mr. Beyer, Ms. Norton, and Mr. Espaillat) 
 introduced the following bill; which was referred to the Committee on 
 the Judiciary, and in addition to the Committee on Homeland Security, 
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 ensure the digital contents of electronic equipment and online 
 accounts belonging to or in the possession of United States persons 
 entering or exiting the United States are adequately protected at the 
 border, 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. SHORT TITLE.

 This Act may be cited as the ``Protecting Data at the Border Act''.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) United States persons have a reasonable expectation of 
 privacy in the digital contents of their electronic equipment, 
 the digital contents of their online accounts, and the nature 
 of their online presence.

    (2) The Supreme Court of the United States recognized in 
 Riley v. California, 134 S. Ct. 2473

    (2014) , the extraordinary 
 privacy interests in electronic equipment like cell phones.

    (3) The privacy interest of United States persons in the 
 digital contents of their electronic equipment, the digital 
 contents of their online accounts, and the nature of their 
 online presence differs in both degree and kind from their 
 privacy interest in closed containers.

    (4) Accessing the digital contents of electronic equipment, 
 accessing the digital contents of an online account, or 
 obtaining information regarding the nature of the online 
 presence of a United States person entering or exiting the 
 United States, without a lawful warrant based on probable 
 cause, is unreasonable under the Fourth Amendment to the 
 Constitution of the United States.

SEC. 3. DEFINITIONS.

 As used in this Act--

    (1) the term ``access credential'' includes a username, 
 password, PIN number, fingerprint, or biometric indicator;

    (2) the term ``border'' means the international border of 
 the United States and the functional equivalent of such border;

    (3) the term ``digital contents'' means any signs, signals, 
 writing, images, sounds, data, or intelligence of any nature 
 transmitted in whole or in part by electronic equipment, or 
 stored in electronic equipment or an online account;

    (4) the term ``electronic communication service'' has the 
 meaning given that term in 

section 2510 of title 18, United 
 States Code;

    (5) the term ``electronic equipment'' has the meaning given 
 the term ``computer'' in 

section 1030

    (e) of title 18, United 
 States Code;

    (6) the term ``Governmental entity'' means a department or 
 agency of the United States (including any officer, employee, 
 or contractor or other agent thereof);

    (7) the term ``online account'' means an online account 
 with an electronic communication service or remote computing 
 service;

    (8) the term ``online account information'' means the 
 screen name or other identifier or information that would allow 
 a Governmental entity to identify the online presence of an 
 individual;

    (9) the term ``remote computing service'' has the meaning 
 given that term in 

section 2711 of title 18, United States 
 Code; and

    (10) the term ``United States person'' means an individual 
 who is a United States person, as defined in 

section 101 of the 
 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

SEC. 4. PROCEDURES FOR LAWFUL ACCESS TO DIGITAL DATA AT THE BORDER.

    (a) Standard.--Subject to subsection

    (b) , a Governmental entity may 
not--

    (1) access the digital contents of any electronic equipment 
 belonging to or in the possession of a United States person at 
 the border without a valid warrant supported by probable cause 
 issued using the procedures described in the Federal Rules of 
 Criminal Procedure by a court of competent jurisdiction;

    (2) deny entry into or exit from the United States by a 
 United States person based on a refusal by the United States 
 person to--
        (A) disclose an access credential that would enable 
 access to the digital contents of electronic equipment 
 or the digital contents of an online account;
        (B) provide access to the digital contents of 
 electronic equipment or the digital contents of an 
 online account; or
            (C) provide online account information; or

    (3) delay entry into or exit from the United States by a 
 United States person for longer than the period of time, which 
 may not exceed 4 hours, necessary to determine whether the 
 United States person will, in a manner in accordance with 
 subsection
            (c) , consensually provide an access credential, 
 access, or online account information, as described in 
 subparagraphs
        (A) ,
        (B) , and
            (C) of paragraph

    (2) .

    (b) Emergency Exceptions.--

    (1) Emergency situations generally.--
        (A) In general.--An investigative or law 
 enforcement officer of a Governmental entity who is 
 designated by the Secretary of Homeland Security for 
 purposes of this paragraph may access the digital 
 contents of electronic equipment belonging to or in 
 possession of a United States person at the border 
 without a warrant described in subsection

    (a)

    (1) if the 
 investigative or law enforcement officer--
            (i) reasonably determines that--
            (I) an emergency situation exists 
 that involves--

    (aa) immediate danger of 
 death or serious physical 
 injury to any person;

    (bb) conspiratorial 
 activities threatening the 
 national security interest of 
 the United States; or
            (cc) conspiratorial 
 activities characteristic of 
 organized crime;
            (II) the emergency situation 
 described in subclause
            (I) requires 
 access to the digital contents of the 
 electronic equipment before a warrant 
 described in subsection

    (a)

    (1) authorizing such access can, with due 
 diligence, be obtained; and
            (III) there are grounds upon which 
 a warrant described in subsection

    (a)

    (1) could be issued authorizing such 
 access; and
            (ii) makes an application in accordance 
 with this section for a warrant described in 
 subsection

    (a)

    (1) as soon as practicable, but 
 not later than 7 days after the investigative 
 or law enforcement officer accesses the digital 
 contents under the authority under this 
 subparagraph.
        (B) Warrant not obtained.--If an application for a 
 warrant described in subparagraph
        (A)
            (ii) is denied, or 
 in any other case in which an investigative or law 
 enforcement officer accesses the digital contents of 
 electronic equipment belonging to or in possession of a 
 United States person at the border without a warrant 
 under the emergency authority under subparagraph
        (A) and a warrant authorizing the access is not obtained--
            (i) any copy of the digital contents in the 
 custody or control of a Governmental entity 
 shall immediately be destroyed;
            (ii) the digital contents, and any 
 information derived from the digital contents, 
 may not be disclosed to any Governmental entity 
 or a State or local government; and
            (iii) the Governmental entity employing the 
 investigative or law enforcement officer that 
 accessed the digital contents shall notify the 
 United States person that any copy of the 
 digital contents has been destroyed.

    (2) Protection of public safety and health.--A Governmental 
 entity may access the digital contents of electronic equipment 
 belonging to or in possession of a United States person at the 
 border without a warrant described in subsection

    (a)

    (1) if the 
 access is--
        (A) necessary for the provision of fire, medical, 
 public safety, or other emergency services; and
        (B) unrelated to the investigation of a possible 
 crime or other violation of the law.
            (c) Informed Consent in Writing.--

    (1) Notice.--
        (A) In general.--A Governmental entity shall 
 provide the notice described in subparagraph
        (B) before 
 requesting that a United States person at the border--
            (i) provide consent to access the digital 
 contents of any electronic equipment belonging 
 to or in the possession of or the digital 
 contents of an online account of the United 
 States person;
            (ii) disclose an access credential that 
 would enable access to the digital contents of 
 electronic equipment or the digital contents of 
 an online account of the United States person;
            (iii) provide access to the digital 
 contents of electronic equipment or the digital 
 contents of an online account of the United 
 States person; or
            (iv) provide online account information of 
 the United States person.
        (B) Contents.--The notice described in this 
 subparagraph is written notice in a language understood 
 by the United States person that the Governmental 
 entity--
            (i) may not--
            (I) compel access to the digital 
 contents of electronic equipment 
 belonging to or in the possession of, 
 the digital contents of an online 
 account of, or the online account 
 information of a United States person 
 without a valid warrant;
            (II) deny entry into or exit from 
 the United States by the United States 
 person based on a refusal by the United 
 States person to--

    (aa) disclose an access 
 credential that would enable 
 access to the digital contents 
 of electronic equipment or the 
 digital contents of an online 
 account;

    (bb) provide access to the 
 digital contents of electronic 
 equipment or the digital 
 contents of an online account; 
 or
            (cc) provide online account 
 information; or
            (III) delay entry into or exit from 
 the United States by the United States 
 person for longer than the period of 
 time, which may not exceed 4 hours, 
 necessary to determine whether the 
 United States person will consensually 
 provide an access credential, access, 
 or online account information, as 
 described in items

    (aa) ,

    (bb) , and
            (cc) of subclause
            (II) ; and
            (ii) if the Governmental entity has 
 probable cause that the electronic equipment 
 contains information that is relevant to an 
 allegation that the United States person has 
 committed a felony, may seize electronic 
 equipment belonging to or in the possession of 
 the United States person for a period of time 
 if the United States person refuses to 
 consensually provide access to the digital 
 contents of the electronic equipment.

    (2) Consent.--
        (A) In general.--A Governmental entity shall obtain 
 written consent described in subparagraph
        (B) before--
            (i) accessing, pursuant to the consent of a 
 United States person at the border the digital 
 contents of electronic equipment belonging to 
 or in the possession of or the digital contents 
 of an online account of the United States 
 person;
            (ii) obtaining, pursuant to the consent of 
 a United States person at the border, an access 
 credential of the United States person that 
 would enable access to the digital contents of 
 electronic equipment or the digital contents of 
 an online account; or
            (iii) obtaining, pursuant to the consent of 
 a United States person at the border, online 
 account information for an online account of 
 the United States person.
        (B) Contents of written consent.--Written consent 
 described in this subparagraph is written consent 
 that--
            (i) indicates the United States person 
 understands the protections and limitations 
 described in paragraph

    (1)
        (B) ;
            (ii) states the United States person is--
            (I) providing consent to the 
 Governmental entity to access certain 
 digital contents or consensually 
 disclosing an access credential; or
            (II) consensually providing online 
 account information; and
            (iii) specifies the digital contents, 
 access credential, or online account 
 information with respect to which the United 
 States person is providing consent.
            (d) Retention of Digital Contents.--

    (1) Lawful access.--A Governmental entity that obtains 
 access to the digital contents of electronic equipment, the 
 digital contents of an online account, or online account 
 information in accordance with this section may not make or 
 retain a copy of the digital contents or online account 
 information, or any information directly or indirectly derived 
 from the digital contents or online account information, unless 
 there is probable cause to believe the digital contents or 
 online account information contains evidence of, or constitutes 
 the fruits of, a crime.

    (2) Unlawful access.--If a Governmental entity obtains 
 access to the digital contents of electronic equipment, digital 
 contents of an online account, or online account information in 
 a manner that is not in accordance with this section, the 
 Governmental entity--
        (A) shall immediately destroy any copy of the 
 digital contents or online account information, and any 
 information directly or indirectly derived from the 
 digital contents or online account information, in the 
 custody or control of the Governmental entity;
        (B) may not disclose the digital contents or online 
 account information, or any information directly or 
 indirectly derived from the digital contents or online 
 account information, to any other Governmental entity 
 or a State or local government; and
            (C) shall notify the United States person that any 
 copy of the digital contents or online account 
 information, and any information directly or indirectly 
 derived from the digital contents or online account 
 information, has been destroyed.

    (e) Recordkeeping.--A Governmental entity shall keep a record of 
each instance in which the Governmental entity obtains access to the 
digital contents of electronic equipment belonging to or in the 
possession of an individual at the border, the digital contents of an 
online account of an individual who is at the border, or online account 
information of an individual who is at the border, which shall 
include--

    (1) the reason for the access;

    (2) the nationality, immigration status, and admission 
 category of the individual;

    (3) the nature and extent of the access;

    (4) if the access was consensual, how and to what the 
 individual consented, and what the individual provided by 
 consent;

    (5) whether electronic equipment of the individual was 
 seized;

    (6) whether the Governmental entity made a copy of all or a 
 portion of the digital contents or online account information, 
 or any information directly or indirectly derived from the 
 digital contents or online account information; and

    (7) whether the digital contents or online account 
 information, or any information directly or indirectly derived 
 from the digital contents or online account information, was 
 shared with another Governmental entity or a State or local 
 government.

SEC. 5. LIMITS ON USE OF DIGITAL CONTENTS AS EVIDENCE.

    (a) In General.--Whenever any digital contents or online account 
information have been obtained in violation of this Act, no part of the 
digital contents or online account information and no evidence derived 
therefrom may be received in evidence in any trial, hearing, or other 
proceeding (including any proceeding relating to the immigration laws, 
as defined in 

section 101

    (a) of the Immigration and Nationality Act (8 
U.S.C. 1101

    (a) )) in or before any court, grand jury, department, 
officer, agency, regulatory body, legislative committee, or other 
authority of the United States, a State, or a political subdivision 
thereof.

    (b) Application.--To the maximum extent practicable, the 
limitations under subsection

    (a) shall be applied in the same manner as 
the limitations under 

section 2515 of title 18, United States Code.

SEC. 6. LIMITS ON SEIZURE OF ELECTRONIC EQUIPMENT.

 A Governmental entity may not seize any electronic equipment 
belonging to or in the possession of a United States person at the 
border unless there is probable cause to believe that the electronic 
equipment contains information that is relevant to an allegation that 
the United States person has committed a felony.

SEC. 7. AUDIT AND REPORTING REQUIREMENTS.

 In March of each year, the Secretary of Homeland Security shall 
submit to Congress and make publicly available on the website of the 
Department of Homeland Security a report that includes the following:

    (1) The number of times during the previous year that an 
 officer or employee of the Department of Homeland Security did 
 each of the following:
        (A) Accessed the digital contents of any electronic 
 equipment belonging to or in the possession of or the 
 digital contents of an online account of a United 
 States person at the border pursuant to a warrant 
 supported by probable cause issued using the procedures 
 described in the Federal Rules of Criminal Procedure by 
 a court of competent jurisdiction.
        (B) Accessed the digital contents of any electronic 
 equipment belonging to or in the possession of a United 
 States person at the border pursuant to the emergency 
 authority under 

section 5

    (b) .
            (C) Requested consent to access the digital 
 contents of any electronic equipment belonging to or in 
 the possession of, the digital contents of an online 
 account of, or online account information of a United 
 States person at the border.
            (D) Accessed the digital contents of any electronic 
 equipment belonging to or in the possession of, the 
 digital contents of an online account of, or online 
 account information of a United States person at the 
 border pursuant to written consent provided in 
 accordance with 

section 5
            (c) .
        (E) Requested a United States person at the border 
 consensually disclose an access credential that would 
 enable access to the digital contents of electronic 
 equipment or the digital contents of an online account 
 of the United States person.
        (F) Accessed the digital contents of electronic 
 equipment or the digital contents of an online account 
 of a United States person at the border using an access 
 credential pursuant to written consent provided in 
 accordance with 

section 5
            (c) .
        (G) Accessed the digital contents of any electronic 
 equipment belonging to or in the possession of, the 
 digital contents of an online account of, or online 
 account information of a United States person at the 
 border in a manner that was not in accordance with 
 

section 5.
        (H) Accessed the digital contents of any electronic 
 equipment belonging to or in the possession of, the 
 digital contents of an online account of, or online 
 account information of an individual who is not a 
 United States person at the border.
            (I) Accessed the digital contents of any electronic 
 equipment belonging to or in the possession of an 
 individual at the border, the digital contents of an 
 online account of an individual at the border, or 
 online account information of an individual at the 
 border (regardless of whether the individual is a 
 United States person) at the request of a Governmental 
 entity (including another component of the Department 
 of Homeland Security) that is not the Governmental 
 entity employing the individual accessing the digital 
 contents or online account information.

    (2) Aggregate data on--
        (A) the number of United States persons for which a 
 Governmental entity obtains access to--
            (i) the digital contents of electronic 
 equipment belonging to or in the possession of 
 the United States person at the border;
            (ii) the digital contents of an online 
 account of the United States person while at 
 the border; or
            (iii) online account information of the 
 United States person while at the border;
        (B) the country from which United States persons 
 departed most recently before arriving in the United 
 States for the United States persons for which a 
 Governmental entity obtains access to--
            (i) the digital contents of electronic 
 equipment belonging to or in the possession of 
 the United States person at the border;
            (ii) the digital contents of an online 
 account of the United States person while at 
 the border; or
            (iii) online account information of the 
 United States person while at the border;
            (C) the number and nationality of individuals who 
 are not United States persons for which a Governmental 
 entity obtains access to--
            (i) the digital contents of electronic 
 equipment belonging to or in the possession of 
 the individuals at the border;
            (ii) the digital contents of an online 
 account of the individuals while at the border; 
 or
            (iii) online account information of the 
 individuals while at the border; and
            (D) the country from which individuals who are not 
 United States persons departed most recently before 
 arriving in the United States for the individuals for 
 which a Governmental entity obtains access to--
            (i) the digital contents of electronic 
 equipment belonging to or in the possession of 
 the individuals at the border;
            (ii) the digital contents of an online 
 account of the individuals while at the border; 
 or
            (iii) online account information of the 
 individuals while at the border.

    (3) Aggregate data regarding the perceived race and 
 ethnicity of individuals for whom a Governmental entity obtains 
 access to--
        (A) the digital contents of electronic equipment 
 belonging to or in the possession of the individuals at 
 the border;
        (B) the digital contents of an online account of 
 the individuals while at the border; or
            (C) online account information of the individuals 
 while at the border.

SEC. 8. SAVINGS PROVISIONS.

 Nothing in this Act shall be construed to--

    (1) prohibit a Governmental entity from conducting an 
 inspection of the external physical components of the 
 electronic equipment to determine the presence or absence of 
 weapons or contraband without a warrant, including activating 
 or attempting to activate an object that appears to be 
 electronic equipment to verify that the object is electronic 
 equipment; or

    (2) limit the authority of a Governmental entity under the 
 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
 et seq.).
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