I
119THCONGRESS
1
STSESSION 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
APRIL2, 2025
Mr. L
IEU(for himself, Mr. BEYER, Ms. NORTON, and Mr. ESPAILLAT) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, 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 com-
mittee 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Protecting Data at 4
the Border Act’’. 5
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SEC. 2. FINDINGS. 1
Congress finds the following: 2
(1) United States persons have a reasonable ex-3
pectation of privacy in the digital contents of their 4
electronic equipment, the digital contents of their 5
online accounts, and the nature of their online pres-6
ence. 7
(2) The Supreme Court of the United States 8
recognized in Riley v. California, 134 S. Ct. 2473 9
(2014), the extraordinary privacy interests in elec-10
tronic equipment like cell phones. 11
(3) The privacy interest of United States per-12
sons in the digital contents of their electronic equip-13
ment, the digital contents of their online accounts, 14
and the nature of their online presence differs in 15
both degree and kind from their privacy interest in 16
closed containers. 17
(4) Accessing the digital contents of electronic 18
equipment, accessing the digital contents of an on-19
line account, or obtaining information regarding the 20
nature of the online presence of a United States per-21
son entering or exiting the United States, without a 22
lawful warrant based on probable cause, is unreason-23
able under the Fourth Amendment to the Constitu-24
tion of the United States. 25
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SEC. 3. DEFINITIONS. 1
As used in this Act— 2
(1) the term ‘‘access credential’’ includes a 3
username, password, PIN number, fingerprint, or bi-4
ometric indicator; 5
(2) the term ‘‘border’’ means the international 6
border of the United States and the functional 7
equivalent of such border; 8
(3) the term ‘‘digital contents’’ means any 9
signs, signals, writing, images, sounds, data, or in-10
telligence of any nature transmitted in whole or in 11
part by electronic equipment, or stored in electronic 12
equipment or an online account; 13
(4) the term ‘‘electronic communication service’’ 14
has the meaning given that term in section 2510 of 15
title 18, United States Code; 16
(5) the term ‘‘electronic equipment’’ has the 17
meaning given the term ‘‘computer’’ in section 18
1030(e) of title 18, United States Code; 19
(6) the term ‘‘Governmental entity’’ means a 20
department or agency of the United States (includ-21
ing any officer, employee, or contractor or other 22
agent thereof); 23
(7) the term ‘‘online account’’ means an online 24
account with an electronic communication service or 25
remote computing service; 26
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(8) the term ‘‘online account information’’ 1
means the screen name or other identifier or infor-2
mation that would allow a Governmental entity to 3
identify the online presence of an individual; 4
(9) the term ‘‘remote computing service’’ has 5
the meaning given that term in section 2711 of title 6
18, United States Code; and 7
(10) the term ‘‘United States person’’ means an 8
individual who is a United States person, as defined 9
in section 101 of the Foreign Intelligence Surveil-10
lance Act of 1978 (50 U.S.C. 1801). 11
SEC. 4. PROCEDURES FOR LAWFUL ACCESS TO DIGITAL 12
DATA AT THE BORDER. 13
(a) S
TANDARD.—Subject to subsection (b), a Govern-14
mental entity may not— 15
(1) access the digital contents of any electronic 16
equipment belonging to or in the possession of a 17
United States person at the border without a valid 18
warrant supported by probable cause issued using 19
the procedures described in the Federal Rules of 20
Criminal Procedure by a court of competent jurisdic-21
tion; 22
(2) deny entry into or exit from the United 23
States by a United States person based on a refusal 24
by the United States person to— 25
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(A) disclose an access credential that 1
would enable access to the digital contents of 2
electronic equipment or the digital contents of 3
an online account; 4
(B) provide access to the digital contents 5
of electronic equipment or the digital contents 6
of an online account; or 7
(C) provide online account information; or 8
(3) delay entry into or exit from the United 9
States by a United States person for longer than the 10
period of time, which may not exceed 4 hours, nec-11
essary to determine whether the United States per-12
son will, in a manner in accordance with subsection 13
(c), consensually provide an access credential, ac-14
cess, or online account information, as described in 15
subparagraphs (A), (B), and (C) of paragraph (2). 16
(b) E
MERGENCYEXCEPTIONS.— 17
(1) E
MERGENCY SITUATIONS GENERALLY .— 18
(A) I
N GENERAL.—An investigative or law 19
enforcement officer of a Governmental entity 20
who is designated by the Secretary of Home-21
land Security for purposes of this paragraph 22
may access the digital contents of electronic 23
equipment belonging to or in possession of a 24
United States person at the border without a 25
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warrant described in subsection (a)(1) if the in-1
vestigative or law enforcement officer— 2
(i) reasonably determines that— 3
(I) an emergency situation exists 4
that involves— 5
(aa) immediate danger of 6
death or serious physical injury 7
to any person; 8
(bb) conspiratorial activities 9
threatening the national security 10
interest of the United States; or 11
(cc) conspiratorial activities 12
characteristic of organized crime; 13
(II) the emergency situation de-14
scribed in subclause (I) requires ac-15
cess to the digital contents of the elec-16
tronic equipment before a warrant de-17
scribed in subsection (a)(1) author-18
izing such access can, with due dili-19
gence, be obtained; and 20
(III) there are grounds upon 21
which a warrant described in sub-22
section (a)(1) could be issued author-23
izing such access; and 24
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(ii) makes an application in accord-1
ance with this section for a warrant de-2
scribed in subsection (a)(1) as soon as 3
practicable, but not later than 7 days after 4
the investigative or law enforcement officer 5
accesses the digital contents under the au-6
thority under this subparagraph. 7
(B) W
ARRANT NOT OBTAINED .—If an ap-8
plication for a warrant described in subpara-9
graph (A)(ii) is denied, or in any other case in 10
which an investigative or law enforcement offi-11
cer accesses the digital contents of electronic 12
equipment belonging to or in possession of a 13
United States person at the border without a 14
warrant under the emergency authority under 15
subparagraph (A) and a warrant authorizing 16
the access is not obtained— 17
(i) any copy of the digital contents in 18
the custody or control of a Governmental 19
entity shall immediately be destroyed; 20
(ii) the digital contents, and any in-21
formation derived from the digital con-22
tents, may not be disclosed to any Govern-23
mental entity or a State or local govern-24
ment; and 25
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(iii) the Governmental entity employ-1
ing the investigative or law enforcement of-2
ficer that accessed the digital contents 3
shall notify the United States person that 4
any copy of the digital contents has been 5
destroyed. 6
(2) P
ROTECTION OF PUBLIC SAFETY AND 7
HEALTH.—A Governmental entity may access the 8
digital contents of electronic equipment belonging to 9
or in possession of a United States person at the 10
border without a warrant described in subsection 11
(a)(1) if the access is— 12
(A) necessary for the provision of fire, 13
medical, public safety, or other emergency serv-14
ices; and 15
(B) unrelated to the investigation of a pos-16
sible crime or other violation of the law. 17
(c) I
NFORMEDCONSENT INWRITING.— 18
(1) N
OTICE.— 19
(A) I
N GENERAL.—A Governmental entity 20
shall provide the notice described in subpara-21
graph (B) before requesting that a United 22
States person at the border— 23
(i) provide consent to access the dig-24
ital contents of any electronic equipment 25
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belonging to or in the possession of or the 1
digital contents of an online account of the 2
United States person; 3
(ii) disclose an access credential that 4
would enable access to the digital contents 5
of electronic equipment or the digital con-6
tents of an online account of the United 7
States person; 8
(iii) provide access to the digital con-9
tents of electronic equipment or the digital 10
contents of an online account of the United 11
States person; or 12
(iv) provide online account informa-13
tion of the United States person. 14
(B) C
ONTENTS.—The notice described in 15
this subparagraph is written notice in a lan-16
guage understood by the United States person 17
that the Governmental entity— 18
(i) may not— 19
(I) compel access to the digital 20
contents of electronic equipment be-21
longing to or in the possession of, the 22
digital contents of an online account 23
of, or the online account information 24
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of a United States person without a 1
valid warrant; 2
(II) deny entry into or exit from 3
the United States by the United 4
States person based on a refusal by 5
the United States person to— 6
(aa) disclose an access cre-7
dential that would enable access 8
to the digital contents of elec-9
tronic equipment or the digital 10
contents of an online account; 11
(bb) provide access to the 12
digital contents of electronic 13
equipment or the digital contents 14
of an online account; or 15
(cc) provide online account 16
information; or 17
(III) delay entry into or exit from 18
the United States by the United 19
States person for longer than the pe-20
riod of time, which may not exceed 4 21
hours, necessary to determine whether 22
the United States person will consen-23
sually provide an access credential, ac-24
cess, or online account information, as 25
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described in items (aa), (bb), and (cc) 1
of subclause (II); and 2
(ii) if the Governmental entity has 3
probable cause that the electronic equip-4
ment contains information that is relevant 5
to an allegation that the United States 6
person has committed a felony, may seize 7
electronic equipment belonging to or in the 8
possession of the United States person for 9
a period of time if the United States per-10
son refuses to consensually provide access 11
to the digital contents of the electronic 12
equipment. 13
(2) C
ONSENT.— 14
(A) I
N GENERAL.—A Governmental entity 15
shall obtain written consent described in sub-16
paragraph (B) before— 17
(i) accessing, pursuant to the consent 18
of a United States person at the border 19
the digital contents of electronic equipment 20
belonging to or in the possession of or the 21
digital contents of an online account of the 22
United States person; 23
(ii) obtaining, pursuant to the consent 24
of a United States person at the border, an 25
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access credential of the United States per-1
son that would enable access to the digital 2
contents of electronic equipment or the 3
digital contents of an online account; or 4
(iii) obtaining, pursuant to the con-5
sent of a United States person at the bor-6
der, online account information for an on-7
line account of the United States person. 8
(B) C
ONTENTS OF WRITTEN CONSENT .— 9
Written consent described in this subparagraph 10
is written consent that— 11
(i) indicates the United States person 12
understands the protections and limitations 13
described in paragraph (1)(B); 14
(ii) states the United States person 15
is— 16
(I) providing consent to the Gov-17
ernmental entity to access certain dig-18
ital contents or consensually disclosing 19
an access credential; or 20
(II) consensually providing online 21
account information; and 22
(iii) specifies the digital contents, ac-23
cess credential, or online account informa-24
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tion with respect to which the United 1
States person is providing consent. 2
(d) R
ETENTION OFDIGITALCONTENTS.— 3
(1) L
AWFUL ACCESS.—A Governmental entity 4
that obtains access to the digital contents of elec-5
tronic equipment, the digital contents of an online 6
account, or online account information in accordance 7
with this section may not make or retain a copy of 8
the digital contents or online account information, or 9
any information directly or indirectly derived from 10
the digital contents or online account information, 11
unless there is probable cause to believe the digital 12
contents or online account information contains evi-13
dence of, or constitutes the fruits of, a crime. 14
(2) U
NLAWFUL ACCESS .—If a Governmental 15
entity obtains access to the digital contents of elec-16
tronic equipment, digital contents of an online ac-17
count, or online account information in a manner 18
that is not in accordance with this section, the Gov-19
ernmental entity— 20
(A) shall immediately destroy any copy of 21
the digital contents or online account informa-22
tion, and any information directly or indirectly 23
derived from the digital contents or online ac-24
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count information, in the custody or control of 1
the Governmental entity; 2
(B) may not disclose the digital contents 3
or online account information, or any informa-4
tion directly or indirectly derived from the dig-5
ital contents or online account information, to 6
any other Governmental entity or a State or 7
local government; and 8
(C) shall notify the United States person 9
that any copy of the digital contents or online 10
account information, and any information di-11
rectly or indirectly derived from the digital con-12
tents or online account information, has been 13
destroyed. 14
(e) R
ECORDKEEPING.—A Governmental entity shall 15
keep a record of each instance in which the Governmental 16
entity obtains access to the digital contents of electronic 17
equipment belonging to or in the possession of an indi-18
vidual at the border, the digital contents of an online ac-19
count of an individual who is at the border, or online ac-20
count information of an individual who is at the border, 21
which shall include— 22
(1) the reason for the access; 23
(2) the nationality, immigration status, and ad-24
mission category of the individual; 25
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(3) the nature and extent of the access; 1
(4) if the access was consensual, how and to 2
what the individual consented, and what the indi-3
vidual provided by consent; 4
(5) whether electronic equipment of the indi-5
vidual was seized; 6
(6) whether the Governmental entity made a 7
copy of all or a portion of the digital contents or on-8
line account information, or any information directly 9
or indirectly derived from the digital contents or on-10
line account information; and 11
(7) whether the digital contents or online ac-12
count information, or any information directly or in-13
directly derived from the digital contents or online 14
account information, was shared with another Gov-15
ernmental entity or a State or local government. 16
SEC. 5. LIMITS ON USE OF DIGITAL CONTENTS AS EVI-17
DENCE. 18
(a) I
NGENERAL.—Whenever any digital contents or 19
online account information have been obtained in violation 20
of this Act, no part of the digital contents or online ac-21
count information and no evidence derived therefrom may 22
be received in evidence in any trial, hearing, or other pro-23
ceeding (including any proceeding relating to the immigra-24
tion laws, as defined in section 101(a) of the Immigration 25
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and Nationality Act (8 U.S.C. 1101(a))) in or before any 1
court, grand jury, department, officer, agency, regulatory 2
body, legislative committee, or other authority of the 3
United States, a State, or a political subdivision thereof. 4
(b) A
PPLICATION.—To the maximum extent prac-5
ticable, the limitations under subsection (a) shall be ap-6
plied in the same manner as the limitations under section 7
2515 of title 18, United States Code. 8
SEC. 6. LIMITS ON SEIZURE OF ELECTRONIC EQUIPMENT. 9
A Governmental entity may not seize any electronic 10
equipment belonging to or in the possession of a United 11
States person at the border unless there is probable cause 12
to believe that the electronic equipment contains informa-13
tion that is relevant to an allegation that the United 14
States person has committed a felony. 15
SEC. 7. AUDIT AND REPORTING REQUIREMENTS. 16
In March of each year, the Secretary of Homeland 17
Security shall submit to Congress and make publicly avail-18
able on the website of the Department of Homeland Secu-19
rity a report that includes the following: 20
(1) The number of times during the previous 21
year that an officer or employee of the Department 22
of Homeland Security did each of the following: 23
(A) Accessed the digital contents of any 24
electronic equipment belonging to or in the pos-25
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session of or the digital contents of an online 1
account of a United States person at the border 2
pursuant to a warrant supported by probable 3
cause issued using the procedures described in 4
the Federal Rules of Criminal Procedure by a 5
court of competent jurisdiction. 6
(B) Accessed the digital contents of any 7
electronic equipment belonging to or in the pos-8
session of a United States person at the border 9
pursuant to the emergency authority under sec-10
tion 5(b). 11
(C) Requested consent to access the digital 12
contents of any electronic equipment belonging 13
to or in the possession of, the digital contents 14
of an online account of, or online account infor-15
mation of a United States person at the border. 16
(D) Accessed the digital contents of any 17
electronic equipment belonging to or in the pos-18
session of, the digital contents of an online ac-19
count of, or online account information of a 20
United States person at the border pursuant to 21
written consent provided in accordance with 22
section 5(c). 23
(E) Requested a United States person at 24
the border consensually disclose an access cre-25
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dential that would enable access to the digital 1
contents of electronic equipment or the digital 2
contents of an online account of the United 3
States person. 4
(F) Accessed the digital contents of elec-5
tronic equipment or the digital contents of an 6
online account of a United States person at the 7
border using an access credential pursuant to 8
written consent provided in accordance with 9
section 5(c). 10
(G) Accessed the digital contents of any 11
electronic equipment belonging to or in the pos-12
session of, the digital contents of an online ac-13
count of, or online account information of a 14
United States person at the border in a manner 15
that was not in accordance with section 5. 16
(H) Accessed the digital contents of any 17
electronic equipment belonging to or in the pos-18
session of, the digital contents of an online ac-19
count of, or online account information of an 20
individual who is not a United States person at 21
the border. 22
(I) Accessed the digital contents of any 23
electronic equipment belonging to or in the pos-24
session of an individual at the border, the dig-25
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ital contents of an online account of an indi-1
vidual at the border, or online account informa-2
tion of an individual at the border (regardless 3
of whether the individual is a United States 4
person) at the request of a Governmental entity 5
(including another component of the Depart-6
ment of Homeland Security) that is not the 7
Governmental entity employing the individual 8
accessing the digital contents or online account 9
information. 10
(2) Aggregate data on— 11
(A) the number of United States persons 12
for which a Governmental entity obtains access 13
to— 14
(i) the digital contents of electronic 15
equipment belonging to or in the posses-16
sion of the United States person at the 17
border; 18
(ii) the digital contents of an online 19
account of the United States person while 20
at the border; or 21
(iii) online account information of the 22
United States person while at the border; 23
(B) the country from which United States 24
persons departed most recently before arriving 25
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in the United States for the United States per-1
sons for which a Governmental entity obtains 2
access to— 3
(i) the digital contents of electronic 4
equipment belonging to or in the posses-5
sion of the United States person at the 6
border; 7
(ii) the digital contents of an online 8
account of the United States person while 9
at the border; or 10
(iii) online account information of the 11
United States person while at the border; 12
(C) the number and nationality of individ-13
uals who are not United States persons for 14
which a Governmental entity obtains access 15
to— 16
(i) the digital contents of electronic 17
equipment belonging to or in the posses-18
sion of the individuals at the border; 19
(ii) the digital contents of an online 20
account of the individuals while at the bor-21
der; or 22
(iii) online account information of the 23
individuals while at the border; and 24
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(D) the country from which individuals 1
who are not United States persons departed 2
most recently before arriving in the United 3
States for the individuals for which a Govern-4
mental entity obtains access to— 5
(i) the digital contents of electronic 6
equipment belonging to or in the posses-7
sion of the individuals at the border; 8
(ii) the digital contents of an online 9
account of the individuals while at the bor-10
der; or 11
(iii) online account information of the 12
individuals while at the border. 13
(3) Aggregate data regarding the perceived race 14
and ethnicity of individuals for whom a Govern-15
mental entity obtains access to— 16
(A) the digital contents of electronic equip-17
ment belonging to or in the possession of the 18
individuals at the border; 19
(B) the digital contents of an online ac-20
count of the individuals while at the border; or 21
(C) online account information of the indi-22
viduals while at the border. 23
SEC. 8. SAVINGS PROVISIONS. 24
Nothing in this Act shall be construed to— 25
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(1) prohibit a Governmental entity from con-1
ducting an inspection of the external physical com-2
ponents of the electronic equipment to determine the 3
presence or absence of weapons or contraband with-4
out a warrant, including activating or attempting to 5
activate an object that appears to be electronic 6
equipment to verify that the object is electronic 7
equipment; or 8
(2) limit the authority of a Governmental entity 9
under the Foreign Intelligence Surveillance Act of 10
1978 (50 U.S.C. 1801 et seq.). 11
Æ
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