[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 239 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                H. R. 239

   To impose requirements with regard to border searches of digital 
 electronic devices and digital storage media, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2009

  Mr. Engel (for himself and Mr. Paul) introduced the following bill; 
 which was referred 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

_______________________________________________________________________

                                 A BILL


 
   To impose requirements with regard to border searches of digital 
 electronic devices and digital storage media, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing our Borders and our Data 
Act of 2009''.

SEC. 2. BORDER SEARCHES AND SEIZURES RELATING TO DIGITAL ELECTRONIC 
              DEVICES AND MEDIA.

    (a) Fundamental Rules.--The following rules shall apply to any 
border search or seizure relating to a digital electronic device or 
digital storage media in the possession of an individual:
            (1) Except as otherwise provided in this subsection, no 
        search of the digital contents of the device or media may be 
        based on the power of the United States to search a person and 
        that person's possessions upon entry into the United States, 
        unless that search is based on a reasonable suspicion regarding 
        that person.
            (2) No seizure of the digital contents of a device or 
        media, or of the device or media itself, may be based on the 
        power of the United States to search a person and that person's 
        possessions upon entry into the United States, but must be 
        based on some other constitutional authority to make the 
        seizure.
            (3) Any search of the digital contents of a device or media 
        must be conducted only by officers who have received 
        appropriate training, in order to minimize the possibility of 
        irreparable damage to, or erasure of, files and the hardware 
        itself, and must be conducted in the presence of a supervisor. 
        At the request of the traveler, such search shall be conducted 
        out of public view.
            (4) An individual may be required to turn on the device in 
        order to demonstrate it is a working device.
    (b) Supplemental and Implementing Rules by Secretary of Homeland 
Security.--The Secretary of Homeland Security shall--
            (1) make rules regarding border searches to which 
        subsection (a) applies, detailing--
                    (A) policies for protecting the integrity of the 
                data;
                    (B) policies for the length of time seized data 
                will be stored and where and how it will be stored;
                    (C) policies for whether the downloaded information 
                will be shared and, if so, with what other governmental 
                entities and under what circumstances;
                    (D) information as to what rights an individual has 
                to ensure that individual's device or media is 
                returned; and
                    (E) a requirement that a receipt be given 
                immediately to anyone whose device or media is seized 
                with information regarding whom to call for information 
                about the seizure; and
            (2) place these rules on the Department of Homeland 
        Security website in a manner that makes them readily publicly 
        available.
    (c) Definitions.--In this section--
            (1) the term ``border search'' means any search of an 
        individual upon entry into the United States based on the power 
        of the United States to search a person and that person's 
        possessions upon entry to the United States;
            (2) the term ``digital electronic device'' means any 
        electronic device that contains digital data, including 
        laptops, personal digital assistants, wireless phones, ipods, 
        iphones, blackberries, and digital cameras; and
            (3) the term ``digital storage media'' means any memory 
        device that contains or may contain digital data.

SEC. 3. ANNUAL STUDY AND REPORT ON SEARCHES AND SEIZURES OF TRAVELERS 
              BY THE UNITED STATES CUSTOMS SERVICE.

    (a) Study.--The Commissioner of the United States Customs Service 
shall conduct an annual study of searches and seizures, during the 
prior year, of the digital contents of digital electronic devices and 
digital storage media, and of seizures of such devices and media, that 
are based on the power of the United States to search or seize a person 
and that person's possessions upon entry into the United States. The 
study shall include the number of such searches and seizures, the race, 
gender, and national origin of the travelers subject to those searches, 
the type of searches conducted, and the results of the searches.
    (b) Report.--Not later than March 31 of each year, the Commissioner 
of the Customs Service shall submit to the Congress the annual report 
containing the results of the study conducted under subsection (a) for 
the prior year.
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