(ii) makes an application in accord-
ance with this section for a warrant de-
scribed 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 au-
thority under this subparagraph. 
(B) WARRANT NOT OBTAINED.—If an ap-
plication for a warrant described in subpara-
graph (A)(ii) is denied, or in any other case in 
which an investigative or law enforcement offi-
cer 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 in-
formation derived from the digital con-
tents, may not be disclosed to any Govern-
mental entity or a State or local govern-
ment; and 
VerDate Sep 11 2014 
23:24 Sep 17, 2024
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H9567.IH
H9567
ssavage on LAPJG3WLY3PROD with BILLS
(iii) the Governmental entity employ-
ing the investigative or law enforcement of-
ficer 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 serv-
ices; and 
(B) unrelated to the investigation of a pos-
sible 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 subpara-
graph (B) before requesting that a United 
States person at the border— 
(i) provide consent to access the dig-
ital contents of any electronic equipment 
VerDate Sep 11 2014 
23:24 Sep 17, 2024
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H9567.IH
H9567
ssavage on LAPJG3WLY3PROD with BILLS
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 con-
tents of an online account of the United 
States person; 
(iii) provide access to the digital con-
tents of electronic equipment or the digital 
contents of an online account of the United 
States person; or 
(iv) provide online account informa-
tion of the United States person. 
(B) CONTENTS.—The notice described in 
this subparagraph is written notice in a lan-
guage understood by the United States person 
that the Governmental entity— 
(i) may not— 
(I) compel access to the digital 
contents of electronic equipment be-
longing to or in the possession of, the 
digital contents of an online account 
of, or the online account information 
VerDate Sep 11 2014 
23:24 Sep 17, 2024
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H9567.IH
H9567
ssavage on LAPJG3WLY3PROD with BILLS
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 cre-
dential that would enable access 
to the digital contents of elec-
tronic 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 pe-
riod of time, which may not exceed 4 
hours, necessary to determine whether 
the United States person will consen-
sually provide an access credential, ac-
cess, or online account information, as 
VerDate Sep 11 2014 
23:24 Sep 17, 2024
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H9567.IH
H9567
ssavage on LAPJG3WLY3PROD with BILLS
described in items (aa), (bb), and (cc) 
of subclause (II); and 
(ii) if the Governmental entity has 
probable cause that the electronic equip-
ment 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 per-
son 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 sub-
paragraph (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 
VerDate Sep 11 2014 
23:24 Sep 17, 2024
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H9567.IH
H9567
ssavage on LAPJG3WLY3PROD with BILLS
access credential of the United States per-
son 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 con-
sent of a United States person at the bor-
der, online account information for an on-
line 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 Gov-
ernmental entity to access certain dig-
ital contents or consensually disclosing 
an access credential; or 
(II) consensually providing online 
account information; and 
(iii) specifies the digital contents, ac-
cess credential, or online account informa-
VerDate Sep 11 2014 
23:24 Sep 17, 2024
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H9567.IH
H9567
ssavage on LAPJG3WLY3PROD with BILLS