I 
115TH CONGRESS 
1ST SESSION H. R. 1899 
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 
APRIL 4, 2017 
Mr. POLIS (for himself, Mr. FARENTHOLD, Mr. SMITH of Washington, and 
Mr. BEYER) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, 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 jurisdic-
tion of the committee 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’’. 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
SEC. 3. SCOPE. 
Nothing in this Act shall be construed to— 
(1) prohibit a Governmental entity from con-
ducting an inspection of the external physical com-
ponents of the electronic equipment to determine the 
presence or absence of weapons or contraband with-
out a warrant, including activating or attempting to 
activate an object that appears to be electronic 
equipment to verify that the object is electronic 
equipment; or 
(2) limit the authority of a Governmental entity 
under the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.). 
SEC. 4. 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; 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
(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; 
(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). 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
SEC. 5. 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— 
(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-
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
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 
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 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
(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 
(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 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
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 
(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— 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
(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 
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 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
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 
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. 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
(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 
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— 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
(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-
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 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
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-
count information, in the custody or control of 
the Governmental entity; 
(B) may not disclose the digital contents 
or online account information, or any informa-
tion directly or indirectly derived from the dig-
ital contents or online account information, to 
any other Governmental entity or a State or 
local government; and 
(C) shall notify the United States person 
that any copy of the digital contents or online 
account information, and any information di-
rectly or indirectly derived from the digital con-
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
tents or online account information, has been 
destroyed. 
(e) RECORDKEEPING.—A Governmental entity shall 
keep a record of each instance in which the Governmental 
entity obtains access to the digital contents of electronic 
equipment belonging to or in the possession of an indi-
vidual at the border, the digital contents of an online ac-
count of an individual who is at the border, or online ac-
count information of an individual who is at the border, 
which shall include— 
(1) the reason for the access; 
(2) the nationality, immigration status, and ad-
mission category of the individual; 
(3) the nature and extent of the access; 
(4) if the access was consensual, how and to 
what the individual consented, and what the indi-
vidual provided by consent; 
(5) whether electronic equipment of the indi-
vidual was seized; 
(6) whether the Governmental entity made a 
copy of all or a portion of the digital contents or on-
line account information, or any information directly 
or indirectly derived from the digital contents or on-
line account information; and 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
(7) whether the digital contents or online ac-
count information, or any information directly or in-
directly derived from the digital contents or online 
account information, was shared with another Gov-
ernmental entity or a State or local government. 
SEC. 6. LIMITS ON USE OF DIGITAL CONTENTS AS EVI-
DENCE. 
(a) IN GENERAL.—Whenever any digital contents or 
online account information have been obtained in violation 
of this Act, no part of the digital contents or online ac-
count information and no evidence derived therefrom may 
be received in evidence in any trial, hearing, or other pro-
ceeding (including any proceeding relating to the immigra-
tion laws, as defined in section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a))) in or before any 
court, grand jury, department, officer, agency, regulatory 
body, legislative committee, or other authority of the 
United States, a State, or a political subdivision thereof. 
(b) APPLICATION.—To the maximum extent prac-
ticable, the limitations under subsection (a) shall be ap-
plied in the same manner as the limitations under section 
2515 of title 18, United States Code. 
SEC. 7. LIMITS ON SEIZURE OF ELECTRONIC EQUIPMENT. 
A Governmental entity may not seize any electronic 
equipment belonging to or in the possession of a United 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
States person at the border unless there is probable cause 
to believe that the electronic equipment contains informa-
tion that is relevant to an allegation that the United 
States person has committed a felony. 
SEC. 8. AUDIT AND REPORTING REQUIREMENTS. 
In March of each year, the Secretary of Homeland 
Security shall submit to Congress and make publicly avail-
able on the Web site of the Department of Homeland Se-
curity a report that includes the following: 
(1) The number of times during the previous 
year that an officer or employee of the Department 
of Homeland Security did each of the following: 
(A) Accessed the digital contents of any 
electronic equipment belonging to or in the pos-
session of or the digital contents of an online 
account of a United States person at the border 
pursuant to a warrant supported by probable 
cause issued using the procedures described in 
the Federal Rules of Criminal Procedure by a 
court of competent jurisdiction. 
(B) Accessed the digital contents of any 
electronic equipment belonging to or in the pos-
session of a United States person at the border 
pursuant to the emergency authority under sec-
tion 5(b). 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
(C) Requested consent to access the digital 
contents of any electronic equipment belonging 
to or in the possession of, the digital contents 
of an online account of, or online account infor-
mation of a United States person at the border. 
(D) Accessed the digital contents of any 
electronic equipment belonging to or in the pos-
session of, the digital contents of an online ac-
count of, or online account information of a 
United States person at the border pursuant to 
written consent provided in accordance with 
section 5(c). 
(E) Requested a United States person at 
the border consensually disclose an access cre-
dential that would enable access to the digital 
contents of electronic equipment or the digital 
contents of an online account of the United 
States person. 
(F) Accessed the digital contents of elec-
tronic equipment or the digital contents of an 
online account of a United States person at the 
border using an access credential pursuant to 
written consent provided in accordance with 
section 5(c). 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
(G) Accessed the digital contents of any 
electronic equipment belonging to or in the pos-
session of, the digital contents of an online ac-
count of, or online account information of a 
United States person at the border in a manner 
that was not in accordance with section 5. 
(H) Accessed the digital contents of any 
electronic equipment belonging to or in the pos-
session of, the digital contents of an online ac-
count of, or online account information of an 
individual who is not a United States person at 
the border. 
(I) Accessed the digital contents of any 
electronic equipment belonging to or in the pos-
session of an individual at the border, the dig-
ital contents of an online account of an indi-
vidual at the border, or online account informa-
tion of an individual at the border (regardless 
of whether the individual is a United States 
person) at the request of a Governmental entity 
(including another component of the Depart-
ment of Homeland Security) that is not the 
Governmental entity employing the individual 
accessing the digital contents or online account 
information. 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
(2) Aggregate data on— 
(A) the number of United States persons 
for which a Governmental entity obtains access 
to— 
(i) the digital contents of electronic 
equipment belonging to or in the posses-
sion of the United States person at the 
border; 
(ii) the digital contents of an online 
account of the United States person while 
at the border; or 
(iii) online account information of the 
United States person while at the border; 
(B) the country from which United States 
persons departed most recently before arriving 
in the United States for the United States per-
sons for which a Governmental entity obtains 
access to— 
(i) the digital contents of electronic 
equipment belonging to or in the posses-
sion of the United States person at the 
border; 
(ii) the digital contents of an online 
account of the United States person while 
at the border; or 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
(iii) online account information of the 
United States person while at the border; 
(C) the number and nationality of individ-
uals who are not United States persons for 
which a Governmental entity obtains access 
to— 
(i) the digital contents of electronic 
equipment belonging to or in the posses-
sion of the individuals at the border; 
(ii) the digital contents of an online 
account of the individuals while at the bor-
der; or 
(iii) online account information of the 
individuals while at the border; and 
(D) the country from which individuals 
who are not United States persons departed 
most recently before arriving in the United 
States for the individuals for which a Govern-
mental entity obtains access to— 
(i) the digital contents of electronic 
equipment belonging to or in the posses-
sion of the individuals at the border; 
(ii) the digital contents of an online 
account of the individuals while at the bor-
der; or 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS
(iii) online account information of the 
individuals while at the border. 
(3) Aggregate data regarding the perceived race 
and ethnicity of individuals for whom Governmental 
entity obtains access to— 
(A) the digital contents of electronic equip-
ment belonging to or in the possession of the 
individuals at the border; 
(B) the digital contents of an online ac-
count of the individuals while at the border; or 
(C) online account information of the indi-
viduals while at the border. 
Æ 
VerDate Sep 11 2014 
00:33 Apr 11, 2017
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6301
E:\BILLS\H1899.IH
H1899
SSpencer on DSK7TPTVN1PROD with BILLS