I 
110TH CONGRESS 
2D SESSION 
H. R. 6869 
To require the Secretary of Homeland Security to issue a rule with respect 
to border security searches of electronic devices, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 11, 2008 
Ms. LORETTA SANCHEZ of California (for herself and Mr. THOMPSON of Mis-
sissippi) introduced the following bill; which was referred to the Com-
mittee on Homeland Security 
A BILL 
To require the Secretary of Homeland Security to issue 
a rule with respect to border security searches of elec-
tronic devices, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Border Security 
Search Accountability Act of 2008’’. 
SEC. 2. RULE WITH RESPECT TO BORDER SECURITY 
SEARCHES OF ELECTRONIC DEVICES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary, acting 
VerDate Aug 31 2005 
00:39 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6869.IH
H6869
rfrederick on PROD1PC67 with BILLS
through the Commissioner of United States Customs and 
Border Protection, in coordination with the Assistant Sec-
retary of Homeland Security for United States Immigra-
tion and Customs Enforcement and the senior official ap-
pointed pursuant to section 222 of the Homeland Security 
Act of 2002 (6 U.S.C. 142), shall issue a rule with respect 
to the scope of and procedural and recordkeeping require-
ments associated with border security searches of elec-
tronic devices. 
(b) CONTENT.—The rule issued pursuant to sub-
section (a) shall include the following: 
(1) A requirement that information collected 
during a border security search of an electronic de-
vice that is determined to be commercial informa-
tion, including trade secrets, information subject to 
attorney-client privilege, information subject to doc-
tor-patient privilege, or information subject to an-
other privilege or protection shall be handled con-
sistent with the laws, rules, and regulations gov-
erning such information and shall not be shared 
with a Federal, State, local, tribal, or foreign agency 
unless it is determined that such agency has the 
mechanisms in place to comply with such laws, rules, 
and regulations. 
VerDate Aug 31 2005 
00:39 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6869.IH
H6869
rfrederick on PROD1PC67 with BILLS
(2) A requirement that authorized agents, to 
the greatest extent practicable, conduct all border 
security searches of electronic devices in the pres-
ence of a supervisor and, where appropriate, in the 
presence of the individuals whose electronic devices 
are subject to such searches. 
(3) A determination of the number of days that 
an electronic device subjected to a border security 
search or the information collected from such device 
may be retained, unless probable cause exists, that 
prohibits retention exceeding the period necessary to 
translate, decrypt, or reasonably search such device 
or information and that requires such information to 
be destroyed if in the custody of an authorized agent 
after such number of days. 
(4) A requirement that if information collected 
from an electronic device subjected to a border secu-
rity search is copied, shared, retained, or entered 
into an electronic database, the individual from 
whose electronic device such information is collected 
shall receive written notification of such copying, 
sharing, retention, or entry unless such notification 
would hinder an investigation involving national se-
curity or would meet another criteria established by 
the Secretary in the rule. 
VerDate Aug 31 2005 
00:39 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6869.IH
H6869
rfrederick on PROD1PC67 with BILLS
(5) A requirement that an individual subjected 
to a border security search of an electronic device 
shall receive a receipt for such device if such device 
is removed from the possession of such individual. 
(6) A requirement that an individual subjected 
to a border security search of an electronic device 
shall receive notice of how to report abuses or con-
cerns and how to seek redress from the Department 
of Homeland Security. 
(7) A requirement that information on the 
rights of individuals with respect to border security 
searches and Department of Homeland Security re-
dress procedures shall be posted at all ports of entry 
in locations that are likely to be viewed by individ-
uals subject to border security searches. 
(8) A privacy impact assessment of the rule, as 
prepared by the senior official appointed pursuant to 
section 222 of the Homeland Security Act of 2002, 
that includes recommendations with respect to the 
copying, sharing, retention, and entry into an elec-
tronic database of personally identifiable information 
collected from electronic devices subjected to a bor-
der security search. 
(9) A civil liberties impact assessment of the 
rule, as prepared by the Officer for Civil Rights and 
VerDate Aug 31 2005 
00:39 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6869.IH
H6869
rfrederick on PROD1PC67 with BILLS
Civil Liberties of the Department of Homeland Se-
curity. 
SEC. 3. TRAINING AND AUDITING WITH RESPECT TO THE 
RULE. 
(a) TRAINING.—The Secretary shall provide each au-
thorized agent with appropriate training to conduct border 
security searches of electronic devices in accordance with 
the rule issued pursuant to section 2. The training shall 
include instruction on constitutional, privacy, civil rights, 
and civil liberties issues related to such searches. 
(b) AUDITING.—The Secretary, acting through the 
Inspector General of the Department of Homeland Secu-
rity, shall develop and annually administer an auditing 
mechanism to review whether authorized agents are con-
ducting border security searches of electronic devices in 
accordance with the rule issued pursuant to section 2. 
SEC. 4. REPORT. 
Not later than 180 days after the effective date of 
the rule issued pursuant to section 2, and quarterly there-
after, the Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives a re-
port that shall include the following: 
(1) A description of the activities of authorized 
agents with respect to border security searches of 
electronic devices. 
VerDate Aug 31 2005 
00:39 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6869.IH
H6869
rfrederick on PROD1PC67 with BILLS
SEC. 5. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) AUTHORIZED AGENT.—The term ‘‘author-
ized agent’’ means an agent, officer, or official of 
United States Customs and Border Protection, 
United States Immigration and Customs Enforce-
ment, or any other office or agency of the Depart-
ment of Homeland Security who is authorized to 
conduct a border security search. 
(2) BORDER
SECURITY
SEARCH.—The term 
‘‘border security search’’ means a search by an au-
thorized agent of persons, baggage, or cargo enter-
ing, departing, or passing through the United States 
through any port of entry. 
(3) ELECTRONIC
DEVICE.—The term ‘‘elec-
tronic device’’ means an electronic, magnetic, opti-
cal, electrochemical, or other high-speed data proc-
essing device performing logical, arithmetic, or stor-
age functions, such as a computer, a cellular tele-
phone, or any other device used for electronic com-
munication or for storing electronic, digital or ana-
log data, and which includes any data storage facil-
ity or communications facility directly related to or 
operating in conjunction with such device. 
VerDate Aug 31 2005 
00:39 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6869.IH
H6869
rfrederick on PROD1PC67 with BILLS
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
Æ 
VerDate Aug 31 2005 
00:39 Sep 12, 2008
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H6869.IH
H6869
rfrederick on PROD1PC67 with BILLS