Audit and reporting requirements

In March of each year, the Secretary of Homeland Security shall submit to Congress and make publicly available on the website of the Department of Homeland Security 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 possession 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 possession of a United States person at the border pursuant to the emergency authority under section 5(b). (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 information of a United States person at the border. (D) Accessed 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 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 credential 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 electronic 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). (G) Accessed 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 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 possession of, the digital contents of an online account 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 possession of an individual at the border, the digital contents of an online account of an individual at the border, or online account information 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 Department of Homeland Security) that is not the Governmental entity employing the individual accessing the digital contents or online account information. (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 possession 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 persons for which a Governmental entity obtains access to— (i) the digital contents of electronic equipment belonging to or in the possession 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; (C) the number and nationality of individuals 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 possession of the individuals at the border; (ii) the digital contents of an online account of the individuals while at the border; 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 Governmental entity obtains access to— (i) the digital contents of electronic equipment belonging to or in the possession of the individuals at the border; (ii) the digital contents of an online account of the individuals while at the border; or (iii) online account information of the individuals while at the border. (3) Aggregate data regarding the perceived race and ethnicity of individuals for whom a Governmental entity obtains access to— (A) the digital contents of electronic equipment belonging to or in the possession of the individuals at the border; (B) the digital contents of an online account of the individuals while at the border; or (C) online account information of the individuals while at the border.