I 
118TH CONGRESS 
2D SESSION 
H. R. 9567 
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 
SEPTEMBER 12, 2024 
Mr. LIEU (for himself, Mr. ESPAILLAT, Ms. NORTON, and Mr. BEYER) 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-
tives 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’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) United States persons have a reasonable ex-
pectation of privacy in the digital contents of their 
electronic equipment, the digital contents of their 
online accounts, and the nature of their online pres-
ence. 
(2) The Supreme Court of the United States 
recognized in Riley v. California, 134 S. Ct. 2473 
(2014), the extraordinary privacy interests in elec-
tronic equipment like cell phones. 
(3) The privacy interest of United States per-
sons in the digital contents of their electronic equip-
ment, 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 on-
line account, or obtaining information regarding the 
nature of the online presence of a United States per-
son entering or exiting the United States, without a 
lawful warrant based on probable cause, is unreason-
able under the Fourth Amendment to the Constitu-
tion of the United States. 
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SEC. 3. DEFINITIONS. 
As used in this Act— 
(1) the term ‘‘access credential’’ includes a 
username, password, PIN number, fingerprint, or bi-
ometric 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 in-
telligence 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 (includ-
ing 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; 
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(8) the term ‘‘online account information’’ 
means the screen name or other identifier or infor-
mation 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 Surveil-
lance 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 Govern-
mental 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 jurisdic-
tion; 
(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— 
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(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, nec-
essary to determine whether the United States per-
son will, in a manner in accordance with subsection 
(c), consensually provide an access credential, ac-
cess, 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 Home-
land 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 
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warrant described in subsection (a)(1) if the in-
vestigative 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 de-
scribed in subclause (I) requires ac-
cess to the digital contents of the elec-
tronic equipment before a warrant de-
scribed in subsection (a)(1) author-
izing such access can, with due dili-
gence, be obtained; and 
(III) there are grounds upon 
which a warrant described in sub-
section (a)(1) could be issued author-
izing such access; and 
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tion 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 elec-
tronic 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 evi-
dence of, or constitutes the fruits of, a crime. 
(2) UNLAWFUL
ACCESS.—If a Governmental 
entity obtains access to the digital contents of elec-
tronic equipment, digital contents of an online ac-
count, or online account information in a manner 
that is not in accordance with this section, the Gov-
ernmental entity— 
(A) shall immediately destroy any copy of 
the digital contents or online account informa-
tion, and any information directly or indirectly 
derived from the digital contents or online ac-
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