HR 1899 · 115th Congress 2017–2019, ended

Protecting Data at the Border Act

Fact sheet

Latest action · Apr 26, 2017 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedApr 4, 2017
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Protecting Data at the Border Act

This bill prohibits a governmental entity from: (1) accessing the digital contents of electronic equipment belonging to, or in the possession of, a U.S. person (person) at the border without a valid warrant; or (2) denying a person's U.S. entry or exit based on the person's refusal to disclose an access credential or in order to determine whether such person will consensually provide an access credential, access, or online account information.

A border officer may access the digital contents of electronic equipment without a warrant if the officer determines that an emergency situation exists. The officer must subsequently apply for a warrant within seven days, and if such warrant is not granted: (1) digital content copies must be destroyed, (2) digital contents or information may not be disclosed, and (3) the person shall be notified of such destruction.

A governmental entity may not make or retain a copy of the digital contents of electronic equipment, an online account, or online account information without probable cause to believe that such information contains evidence of, or constitutes the fruits of, a crime.

Unlawfully accessed information: (1) must be destroyed and the person notified of its destruction; (2) may not be disclosed; and (3) may not be received in evidence in any trial, hearing, or other proceeding.

A governmental entity shall keep a record of each instance in which it obtains access to an individual's digital information.

A governmental entity may not seize electronic equipment belonging to, or in the possession of, a person at the border without probable cause to believe that such equipment contains information relevant to a felony.

Cosponsors 24

Members who signed on, in the order they did. Signatures ran from Apr 4, 2017 to Jan 3, 2018, with 3 there on the day it was introduced.

SeatCosponsorSigned on
D-WAAdam SmithOriginalApr 4, 2017
R-TXBlake FarentholdOriginalApr 4, 2017
D-VADonald S. Beyer, Jr.OriginalApr 4, 2017
D-ILBobby L. RushApr 5, 2017
D-TNSteve CohenApr 12, 2017
D-HITulsi GabbardApr 12, 2017
D-OREarl BlumenauerApr 24, 2017
D-DCEleanor Holmes NortonApr 24, 2017
D-MDJamie RaskinApr 24, 2017
D-ILLuis V. GutierrezApr 24, 2017
D-WAPramila JayapalApr 24, 2017
D-WASuzan K. DelBeneApr 24, 2017
D-WADerek KilmerApr 26, 2017
D-TXMarc A. VeaseyApr 26, 2017
D-CAMark DeSaulnierApr 28, 2017

Actions 4

Everything that happened, newest first.

  1. Apr 26, 2017Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
  2. Apr 17, 2017Referred to the Subcommittee on Border and Maritime Security.
  3. Apr 4, 2017Introduced in House
  4. Apr 4, 2017Referred to the Committee 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 jurisdiction of the committee concerned.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 823Protecting Data at the Border ActIdentical billJul 11, 2018

Subjects

Assigned by the Library of Congress. Policy area: Immigration.

Text 1

Each version as it was printed, newest first.

  1. Apr 4, 2017Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.