I 
110TH CONGRESS 
2D SESSION 
H. R. 7118 
To protect citizens and legal residents of the United States from unreasonable 
searches and seizures of electronic equipment at the border, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 26, 2008 
Mr. SMITH of Washington introduced the following bill; which was referred to 
the Committee on Homeland Security, and in addition to the Committee 
on the Judiciary, 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 protect citizens and legal residents of the United States 
from unreasonable searches and seizures of electronic 
equipment at the border, 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 ‘‘Travelers’ Privacy Pro-
tection Act of 2008’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Law-abiding citizens and legal residents of 
the United States, regardless of their race, ethnicity, 
religion, or national origin, have a reasonable expec-
tation of privacy in the contents of their laptops, cell 
phones, personal handheld devices, and other elec-
tronic equipment. 
(2) The Department of Homeland Security has 
taken the position that laptops and other electronic 
devices should not be treated any differently from 
suitcases or other ‘‘closed containers’’ and may be 
inspected by customs or immigration agents at the 
border or in international airports without suspicion 
of wrongdoing. 
(3) The Department of Homeland Security pub-
lished a policy on July 16, 2008, allowing customs 
and immigration agents at the border and in inter-
national airports to ‘‘detain’’ electronic equipment 
and ‘‘review and analyze’’ the contents of electronic 
equipment ‘‘absent individualized suspicion’’. The 
policy applies to any person entering the United 
States, including citizens and other legal residents of 
the United States returning from overseas travel. 
(4) The privacy interest in the contents of a 
laptop computer differs in kind and in amount from 
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the privacy interest in other ‘‘closed containers’’ for 
many reasons, including the following: 
(A) Unlike any other ‘‘closed container’’ 
that can be transported across the border, 
laptops and similar electronic devices can con-
tain the equivalent of a full library of informa-
tion about a person, including medical records, 
financial records, e-mails and other personal 
and business correspondence, journals, and 
privileged work product. 
(B) Most people do not know, and cannot 
control, all of the information contained on 
their laptops, such as records of websites pre-
viously visited and deleted files. 
(C) Electronic search tools render searches 
of electronic equipment more invasive than 
searches of physical locations or objects. 
(5) Requiring citizens and other legal residents 
of the United States to submit to a government re-
view and analysis of thousands of pages of their 
most personal information without any suspicion of 
wrongdoing is incompatible with the values of liberty 
and personal freedom on which the United States 
was founded. 
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(6) Searching the electronic equipment of per-
sons for whom no individualized suspicion exists is 
an inefficient and ineffective use of limited law en-
forcement resources. 
(7) Some citizens and legal residents of the 
United States who have been subjected to electronic 
border searches have reported being asked inappro-
priate questions about their religious practices, polit-
ical beliefs, or national allegiance, indicating that the 
search may have been premised in part on percep-
tions about their race, ethnicity, religion, or national 
origin. 
(8) Targeting citizens and legal residents of the 
United States for electronic border searches based 
on race, ethnicity, religion, or national origin is 
wholly ineffective as a matter of law enforcement 
and repugnant to the values and constitutional prin-
ciples of the United States. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) BORDER.—The term ‘‘border’’ includes the 
border and the functional equivalent of the border. 
(2) COPIES.—The term ‘‘copies’’, as applied to 
the contents of electronic equipment, includes print-
outs, electronic copies or images, or photographs of, 
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or notes reproducing or describing, any contents of 
the electronic equipment. 
(3) CONTRABAND.—The term ‘‘contraband’’ 
means any item the importation of which is prohib-
ited by the laws enforced by officials of the Depart-
ment of Homeland Security. 
(4) ELECTRONIC EQUIPMENT.—The term ‘‘elec-
tronic equipment’’ has the meaning given the term 
‘‘computer’’ in section 1030(e)(1) of title 18, United 
States Code. 
(5) FOREIGN INTELLIGENCE INFORMATION.— 
The term ‘‘foreign intelligence information’’ means 
information described in section 101(e)(1) of the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801(e)(1)). 
(6) FOREIGN
INTELLIGENCE
SURVEILLANCE 
COURT.—The term ‘‘Foreign Intelligence Surveil-
lance Court’’ means the court established under sec-
tion 103(a) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803(a)). 
(7) OFFICIALS OF THE DEPARTMENT OF HOME-
LAND SECURITY.—The term ‘‘officials of the Depart-
ment of Homeland Security’’ means officials and 
employees of the Department of Homeland Security, 
including officials and employees of U.S. Customs 
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and Border Protection and U.S. Immigration and 
Customs Enforcement, who are authorized to con-
duct searches at the border. 
(8) PERMANENTLY
DESTROYED.—The term 
‘‘permanently destroyed’’, with respect to informa-
tion stored electronically, means the information has 
been deleted and cannot be reconstructed or re-
trieved through any means. 
(9) REASONABLE SUSPICION.—The term ‘‘rea-
sonable suspicion’’ means a suspicion that has a par-
ticularized and objective basis. 
(10) SEARCH.— 
(A) IN
GENERAL.—The term ‘‘search’’ 
means any inspection of any of the contents of 
any electronic equipment, including a visual 
scan of icons or file names. 
(B) EXCEPTION.—The term ‘‘search’’ does 
not include asking a person to turn electronic 
equipment on or off or to engage in similar ac-
tions to ensure that the electronic equipment is 
not itself dangerous. 
(11) SEIZURE.— 
(A) IN
GENERAL.—The term ‘‘seizure’’ 
means the retention of electronic equipment or 
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copies of any contents of electronic equipment 
for a period longer than 24 hours. 
(B) EXCEPTIONS.—The term ‘‘seizure’’ 
does not include the retention of electronic 
equipment or copies of any contents of elec-
tronic equipment— 
(i) for a period of not more than 3 
days after the expiration of the 24-hour 
period specified in section 5(e) if an appli-
cation for a warrant is being prepared or 
pending in a district court of the United 
States; 
(ii) for a period of not more than 21 
days after the expiration of the 24-hour 
period specified in section 5(e) if an appli-
cation for an order from the Foreign Intel-
ligence Surveillance Court with respect to 
such equipment or copies is being pre-
pared; or 
(iii) if an application for an order 
from the Foreign Intelligence Surveillance 
Court with respect to such equipment or 
copies is pending before that Court. 
(12) UNITED
STATES
RESIDENT.—The term 
‘‘United States resident’’ means a United States cit-
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izen, an alien lawfully admitted for permanent resi-
dence under section 245 of the Immigration and Na-
tionality Act (8 U.S.C. 1255), or a nonimmigrant 
alien described in section 101(a)(15) of such Act (8 
U.S.C. 1101(a)(15)) who is lawfully residing in the 
United States. 
SEC. 4. STANDARDS FOR SEARCHES AND SEIZURES. 
(a) SEARCHES.—Except as provided in subsection 
(c), electronic equipment transported by a United States 
resident may be searched at the border only if an official 
of the Department of Homeland Security has a reasonable 
suspicion that the resident— 
(1) is carrying contraband or is otherwise 
transporting goods or persons in violation of the 
laws enforced by officials of the Department of 
Homeland Security; or 
(2) is inadmissible or otherwise not entitled to 
enter the United States under the laws enforced by 
officials of the Department of Homeland Security. 
(b) SEIZURES.—Except as provided in subsection (c), 
electronic equipment transported by a United States resi-
dent may be seized at the border only if— 
(1) the Secretary of Homeland Security obtains 
a warrant based on probable cause to believe that 
the equipment contains information or evidence rel-
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evant to a violation of any law enforced by the De-
partment of Homeland Security; 
(2) another Federal, State, or local law enforce-
ment agency obtains a warrant based on probable 
cause to believe that the equipment contains infor-
mation or evidence relevant to a violation of any law 
enforced by that agency; or 
(3) an agency or department of the United 
States obtains an order from the Foreign Intel-
ligence Surveillance Court authorizing the seizure of 
foreign intelligence information. 
(c) EXCEPTIONS.—Nothing in this Act shall be con-
strued to affect the authority of any law enforcement offi-
cial to conduct a search incident to arrest, a search based 
upon voluntary consent, or any other search predicated on 
an established exception, other than the exception for bor-
der searches, to the warrant requirement of the fourth 
amendment to the Constitution of the United States. 
SEC. 5. PROCEDURES FOR SEARCHES. 
(a) INITIATING SEARCH.—Before beginning a search 
of electronic equipment transported by a United States 
resident at the border, the official of the Department of 
Homeland Security initiating the search shall— 
(1) obtain supervisory approval to engage in the 
search; 
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(2) record— 
(A) the nature of the reasonable suspicion 
and the specific basis or bases for that sus-
picion; 
(B) if travel patterns are cited as a basis 
for suspicion, the specific geographic area or 
areas of concern to which the resident traveled; 
(C) the age of the resident; 
(D) the sex of the resident; 
(E) the country of origin of the resident; 
(F) the citizenship or immigration status 
of the resident; and 
(G) the race or ethnicity of the resident, as 
perceived by the official of the Department of 
Homeland Security initiating the search. 
(b) CONDITIONS OF SEARCH.— 
(1) PRESENCE
OF
UNITED
STATES
RESI-
DENT.—The United States resident transporting the 
electronic equipment to be searched shall be per-
mitted to remain present during the search, whether 
the search occurs on- or off-site. 
(2) PRESENCE OF OFFICIALS OF THE DEPART-
MENT OF HOMELAND SECURITY.—Not fewer than 2 
officials of the Department of Homeland Security, 
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including 1 supervisor, shall be present during the 
search. 
(3) ENVIRONMENT.—The search shall take 
place in a secure environment where only the United 
States resident transporting the electronic equip-
ment and officials of the Department of Homeland 
Security are able to view the contents of the elec-
tronic equipment. 
(c) SCOPE OF SEARCH.—The search shall— 
(1) be tailored to the reasonable suspicion re-
corded by the official of the Department of Home-
land Security before the search began; and 
(2) be confined to documents, files, or other 
stored electronic information that could reasonably 
contain— 
(A) contraband; 
(B) evidence that the United States resi-
dent is transporting goods or persons in viola-
tion of the laws enforced by the Department of 
Homeland Security; or 
(C) evidence that the person is inadmis-
sible or otherwise not entitled to enter the 
United States under the laws enforced by offi-
cials of the Department of Homeland Security. 
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(d) RECORD OF SEARCH.—At the time of the search, 
the official or agent of the Department of Homeland Secu-
rity conducting the search shall record a detailed descrip-
tion of the search conducted, including the documents, 
files, or other stored electronic information searched. 
(e) CONCLUSION
OF WARRANTLESS SEARCH.—At 
the conclusion of the 24-hour period following commence-
ment of a search of electronic equipment or the contents 
of electronic equipment at the border— 
(1) no further search of the electronic equip-
ment or any contents of the electronic equipment is 
permitted without a warrant or an order from the 
Foreign Intelligence Surveillance Court authorizing 
the seizure of the electronic equipment or the con-
tents of the electronic equipment; and 
(2) except as specified in section 6, the elec-
tronic equipment shall immediately be returned to 
the United States resident and any copies of the 
contents of the electronic equipment shall be perma-
nently destroyed not later than 3 days after the con-
clusion of the search. 
SEC. 6. PROCEDURES FOR SEIZURES. 
(a) APPLICATION FOR WARRANT BY THE DEPART-
MENT OF HOMELAND SECURITY.—If, after completing a 
search under section 5, an official of the Department of 
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Homeland Security has probable cause to believe that the 
electronic equipment of a United States resident contains 
information or evidence relevant to a violation of any law 
enforced by the Department, the Secretary of Homeland 
Security shall immediately apply for a warrant describing 
with particularity the electronic equipment or contents of 
the electronic equipment to be searched (if further search 
is required) and the contents to be seized. 
(b) DISCLOSURE OF INFORMATION AND APPLICA-
TION BY OTHER FEDERAL, STATE, OR LOCAL GOVERN-
MENT DEPARTMENTS OR AGENCIES.— 
(1) DISCLOSURE TO OTHER AGENCIES OR DE-
PARTMENTS.— 
(A) IN GENERAL.—If an official of the De-
partment of Homeland Security discovers, dur-
ing a search that complies with the require-
ments of section 5, information or evidence rel-
evant to a potential violation of a law with re-
spect to which another Federal, State, or local 
law enforcement agency has jurisdiction, the 
Secretary of Homeland Security may transmit a 
copy of that information or evidence to that law 
enforcement agency. 
(B) FOREIGN
INTELLIGENCE
INFORMA-
TION.—If an official the Department of Home-
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land Security discovers, during a search that 
complies with the requirements of section 5, in-
formation that the Secretary of Homeland Se-
curity believes to be foreign intelligence infor-
mation, the Secretary may transmit a copy of 
that information to the appropriate agency or 
department of the United States. 
(2) PROHIBITION ON TRANSMISSION OF OTHER 
INFORMATION.—The Secretary may not transmit 
any information or evidence with respect to the con-
tents of the electronic equipment other than the in-
formation or evidence described in paragraph (1). 
(3) APPLICATION
FOR
WARRANT
OR
COURT 
ORDER.— 
(A) IN
GENERAL.—A Federal, State, or 
local law enforcement agency to which the Sec-
retary of Homeland Security transmits a copy 
of information or evidence pursuant to para-
graph (1)(A) may use the information or evi-
dence as the basis for an application for a war-
rant authorizing the seizure of the electronic 
equipment or any other contents of the elec-
tronic equipment. 
(B) FOREIGN
INTELLIGENCE
INFORMA-
TION.—An agency or department of the United 
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States to which the Secretary transmits a copy 
of information pursuant to paragraph (1)(B) 
may use the information as the basis for an ap-
plication for an order from the Foreign Intel-
ligence Surveillance Court authorizing the sei-
zure of the electronic equipment or any con-
tents of the electronic equipment. 
(c) RETENTION WHILE AN APPLICATION FOR A WAR-
RANT OR A COURT ORDER IS PENDING.— 
(1) ELECTRONIC EQUIPMENT.—The Secretary 
of Homeland Security— 
(A) may retain possession of the electronic 
equipment or copies of any contents of the elec-
tronic equipment— 
(i) for a period not to exceed 3 days 
after the expiration of the 24-hour period 
specified in section 5(e) if an application 
for a warrant described in subsection (a) 
or subsection (b)(3)(A) is being prepared 
or pending; 
(ii) for a period not to exceed 21 days 
after the expiration of the 24-hour period 
specified in section 5(e) while an applica-
tion for an order from the Foreign Intel-
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tion pursuant to subsection (b)(1)(B) shall per-
manently destroy the copy— 
(i) not later than 21 days after receiv-
ing the copy if a court order authorizing 
the seizure of the electronic equipment or 
copies of any contents of the electronic 
equipment has not been obtained or denied 
and an application for such an order is not 
pending before the Foreign Intelligence 
Surveillance Court; or 
(ii) not later than 3 days after a de-
nial by the Foreign Intelligence Surveil-
lance Court of an application for a court 
order. 
(d) RETENTION UPON EXECUTION OF A WARRANT 
OR COURT ORDER.— 
(1) IN GENERAL.—Upon execution of a warrant 
or an order of the Foreign Intelligence Surveillance 
Court, officials of the Department of Homeland Se-
curity, the Federal, State, or local law enforcement 
agency obtaining the warrant pursuant to subsection 
(b)(3)(A), or the agency or department of the 
United States obtaining the court order pursuant to 
subsection (b)(3)(B), as the case may be, may retain 
copies of the contents of the electronic equipment 
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that the warrant or court order authorizes to be 
seized. 
(2) DESTRUCTION OF CONTENTS NOT AUTHOR-
IZED TO BE SEIZED.—Copies of any contents of the 
electronic equipment that are not authorized to be 
seized pursuant to the warrant or court order de-
scribed in paragraph (1) shall be permanently de-
stroyed and the electronic equipment shall be re-
turned to the United States resident unless the war-
rant or court order authorizes seizure of the elec-
tronic equipment. 
(e) NONRETENTION UPON DENIAL OF WARRANT OR 
COURT ORDER.—If the application for a warrant de-
scribed in subsection (a) or subsection (b)(3)(A) or for a 
court order described in subsection (b)(3)(B) is denied, 
the electronic equipment shall be returned to the United 
States resident and any copies of the contents of the elec-
tronic equipment shall be permanently destroyed not later 
than 3 days after the denial of the warrant or court order. 
(f) RECEIPT AND DISCLOSURE.—Any United States 
resident whose electronic equipment is removed from the 
resident’s possession for longer than a 24-hour period 
shall be provided with— 
(1) a receipt; 
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(2) a statement of the rights of the resident 
and the remedies available to the resident under this 
Act; and 
(3) the name and telephone number of an offi-
cial of the Department of Homeland Security who 
can provide the resident with information about the 
status of the electronic equipment. 
SEC. 7. PROHIBITION ON PROFILING. 
(a) IN GENERAL.—An official of the Department of 
Homeland Security may not consider race, ethnicity, na-
tional origin, or religion in selecting United States resi-
dents for searches of electronic equipment or in deter-
mining the scope or substance of such a search except as 
provided in subsection (b). 
(b) EXCEPTION WITH RESPECT TO DESCRIPTIONS 
OF PARTICULAR PERSONS.—An official of the Depart-
ment of Homeland Security may consider race, ethnicity, 
national origin, or religion in selecting United States resi-
dent for searches of electronic equipment only to the ex-
tent that race, ethnicity, national origin, or religion, as 
the case may be, is included among other factors in a de-
scription of a particular person for whom reasonable sus-
picion is present, based on factors unrelated to race, eth-
nicity, national origin, or religion. 
(c) REPORTS.— 
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(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, and annually 
thereafter, the Inspector General and the Officer for 
Civil Rights and Civil Liberties of the Department 
of Homeland Security shall jointly issue a public re-
port that— 
(A) assesses the compliance of the Depart-
ment of Homeland Security with the prohibition 
under subsection (a); 
(B) assesses the impact of searches of elec-
tronic equipment by the Department of Home-
land Security on racial, ethnic, national, and re-
ligious minorities, including whether such 
searches have a disparate impact; and 
(C) includes any recommendations for 
changes to the policies and procedures of the 
Department of Homeland Security with respect 
to searches of electronic equipment to improve 
the compliance of the Department with the pro-
hibition under subsection (a). 
(2) RESOURCES.—The Secretary of Homeland 
Security shall ensure that the Inspector General and 
the Officer for Civil Rights and Civil Liberties are 
provided the necessary staff, resources, data, and 
documentation to issue the reports required under 
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paragraph (1), including the information described 
in sections 5(a)(2) and 5(d) if requested by the In-
spector General or the Officer for Civil Rights and 
Civil Liberties. 
(d) SURVEY.—To facilitate an understanding of the 
impact on racial, ethnic, national, and religious minorities 
of searches of electronic equipment at the border, the Sec-
retary of Homeland Security shall conduct a random sam-
pling of a statistically significant number of travelers and 
record for such travelers the demographic information de-
scribed in subparagraphs (C) through (G) of section 
5(a)(2). That information shall be maintained by the De-
partment of Homeland Security in aggregate form only. 
SEC. 8. LIMITS ON ACCESS AND DISCLOSURE. 
(a) SCOPE.—The limitations on access and disclosure 
set forth in this section apply to any electronic equipment, 
copies of contents of electronic equipment, or information 
acquired pursuant to a search of electronic equipment at 
the border, other than such equipment, copies, or informa-
tion seized pursuant to a warrant or court order. 
(b) ACCESS.—No official, employee, or agent of the 
Department of Homeland Security or any Federal, State, 
or local government agency or department may have ac-
cess to electronic equipment or copies of the contents of 
the electronic equipment acquired pursuant to a search of 
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electronic equipment at the border other than such an offi-
cial, employee, or agent who requires such access in order 
to perform a function specifically provided for under this 
Act. 
(c) SECURITY.—The Secretary of Homeland Security 
and the head of any Federal, State, or local government 
agency or departments that comes into possession of elec-
tronic equipment or any copies of the contents of elec-
tronic equipment pursuant to a search of electronic equip-
ment at the border shall ensure that— 
(1) the electronic equipment is secured against 
theft or unauthorized access; and 
(2) any electronic copies of the contents of elec-
tronic equipment are encrypted or otherwise secured 
against theft or unauthorized access. 
(d) GENERAL PROHIBITION ON DISCLOSURE.—No 
information acquired by officials, employees, or agents of 
the Department of Homeland Security or any Federal, 
State, or local government agency or department pursuant 
to a search of electronic equipment at the border shall be 
shared with or disclosed to any other Federal, State, or 
local government agency or official or any private person 
except as specifically provided in this Act. 
(e) COURT ORDER EXCEPTION.—If the Secretary of 
Homeland Security or any other Federal, State, or local 
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government agency or department determines that a dis-
closure of information that is not authorized by this Act 
is necessary to prevent grave harm to persons or property, 
the Secretary or agency or department, as the case may 
be, may apply ex parte to a district court of the United 
States for an order permitting such disclosure. 
(f) PRIVILEGES.—Any disclosure of privileged infor-
mation that results directly from a search of electronic 
equipment at the border shall not operate as a waiver of 
the privilege. 
(g) APPLICABILITY OF PRIVACY ACT.—The limita-
tions on access and disclosure under this Act supplement 
rather than supplant any applicable limitations set forth 
in section 552a of title 5, United States Code. 
SEC. 9. IMPLEMENTATION. 
(a) REGULATIONS.—The Secretary of Homeland Se-
curity shall issue regulations to carry out this Act. 
(b) TRAINING.—The Secretary of Homeland Security 
shall ensure that all officials and agents of the Depart-
ment of Homeland Security engaged in searches of elec-
tronic equipment at the border are thoroughly and ade-
quately trained in the laws and procedures related to such 
searches. 
(c) ACCOUNTABILITY.—The Secretary of Homeland 
Security shall implement procedures to detect and dis-
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cipline violations of this Act by officials, employees, and 
agents of the Department of Homeland Security. 
SEC. 10. RECORDKEEPING AND REPORTING. 
(a) REPORTS TO CONGRESS.— 
(1) EXISTING POLICIES AND GUIDELINES.—Not 
later than 30 days after the date of the enactment 
of this Act, the Secretary of Homeland Security 
shall submit to Congress a report that includes— 
(A) the policies and guidelines of the De-
partment of Homeland Security, including field 
supervision and intelligence directives, relating 
to searches of electronic equipment at the bor-
der in effect on the date of the enactment of 
this Act; 
(B) any training programs or materials re-
lating to such searches being utilized on such 
date of enactment; and 
(C) any personnel review and account-
ability procedures, or memoranda of under-
standing with other government agencies, relat-
ing to such searches in effect on such date of 
enactment. 
(2) UPDATED POLICIES AND GUIDELINES.—Not 
later than 30 days after revising any of the policies, 
guidelines, programs, materials, procedures, or 
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memoranda described in paragraph (1) or developing 
new such policies, guidelines, programs, materials, 
procedures, or memoranda, the Secretary of Home-
land Security shall submit to Congress a report con-
taining the revised or new policies, guidelines, pro-
grams, materials, procedures, or memoranda. 
(3) INFORMATION ABOUT IMPLEMENTATION.— 
(A) 
REQUESTS.—The 
information 
de-
scribed in subsection (b)(1)(B) and sections 
5(a)(2) and 5(d) shall be made available to 
Congress promptly upon the request of any 
Member of Congress. 
(B) REPORTS.—The information described 
in section 5(a)(2) shall be provided to Congress 
in aggregate form every 6 months. 
(4) PUBLIC AVAILABILITY.—The Secretary of 
Homeland Security shall make the information in 
the reports required under paragraphs (1), (2), and 
(3)(B) available to the public, but may redact any 
information in those reports if the Secretary deter-
mines that public disclosure of the information 
would cause harm to national security. 
(b) MAINTENANCE OF RECORDS.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall maintain records with respect to— 
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(A) the information described in sections 
5(a)(2) and 5(d); and 
(B) any disclosures of information ac-
quired through searches of electronic equipment 
at the border to other agencies, officials, or pri-
vate persons, and the reasons for such disclo-
sures. 
(2) LIMITATIONS
ON
ACCESS
AND
DISCLO-
SURE.—The information described in paragraph 
(1)— 
(A) may be used or disclosed only as spe-
cifically provided in this Act or another Federal 
law and access to that information shall be lim-
ited to officials or agents of the Department of 
Homeland Security who require access in order 
to effectuate an authorized use or disclosure; 
and 
(B) shall be encrypted or otherwise pro-
tected against theft or authorized access. 
(3) USE IN LITIGATION.—If otherwise discover-
able, the information in subsection (b)(1)(B) and 
sections 5(a)(2) and 5(d) may be provided to a per-
son who files a civil action under section 12(a) or a 
criminal defendant seeking to suppress evidence ob-
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tained through a search of electronic equipment at 
the border pursuant to section 12(d). 
SEC. 11. COMPENSATION FOR DAMAGE OR LOSS OF ELEC-
TRONIC EQUIPMENT. 
(a) IN GENERAL.—A United States resident who be-
lieves that the electronic equipment of the resident, or con-
tents of the electronic equipment, were damaged as a re-
sult of a search or seizure under this Act may file a claim 
with the Secretary of Homeland Security for compensa-
tion. If the resident demonstrates that the search or sei-
zure resulted in damage to the electronic equipment or the 
contents of the electronic equipment, the Secretary shall 
compensate the resident for any resulting economic loss 
using existing appropriations available for the Department 
of Homeland Security. 
(b) CLAIMS PROCESS.—The Secretary of Homeland 
Security shall establish an administrative claims process 
to handle the claims described in subsection (a). The com-
pensation decisions of the Secretary shall constitute final 
agency actions for purposes of judicial review under chap-
ter 5 of title 5, United States Code. 
SEC. 12. ENFORCEMENT AND REMEDIES. 
(a) CIVIL ACTIONS.— 
(1) IN GENERAL.—Any person injured by a vio-
lation of this Act may file a civil action in a district 
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court of the United States against the United States 
or an individual officer or agent of the United States 
for declaratory or injunctive relief or damages. 
(2) STATUTE OF LIMITATIONS.—A civil action 
under paragraph (1) shall be filed not later than 2 
years after the later of— 
(A) the date of the alleged violation of this 
Act; or 
(B) the date on which the person who files 
the civil action reasonably should have known of 
the alleged violation. 
(3) DAMAGES.—A person who demonstrates 
that the person has been injured by a violation of 
this Act may receive liquidated damages of $1,000 
or actual economic damages, whichever is higher. 
(4) SPECIAL RULE WITH RESPECT TO CIVIL AC-
TIONS FOR PROFILING.—In the case of a civil action 
filed under paragraph (1) that alleges a violation of 
section 7, proof that searches of the electronic equip-
ment of United States residents at the border have 
a disparate impact on racial, ethnic, religious, or na-
tional minorities shall constitute prima facie evi-
dence of the violation. 
(5) ATTORNEY’S
FEES.—In any civil action 
filed under paragraph (1), the district court may 
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allow a prevailing plaintiff reasonable attorney’s fees 
and costs, including expert fees. 
(b) ADMISSIBILITY OF INFORMATION IN CRIMINAL 
ACTIONS.—In any criminal prosecution brought in a dis-
trict court of the United States, the court may exclude 
evidence obtained as a direct or indirect result of a viola-
tion of this Act if the exclusion would serve the interests 
of justice. 
Æ 
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