SECURE Flights Act of 2023

II 118TH CONGRESS 1ST SESSION S. 918 To direct the Administrator of the Transportation Security Administration to prohibit the use of certain identification documents at airport security checkpoints, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 22, 2023 Mr. RUBIO (for himself, Mr. CRAPO, Mr. RISCH, Mrs. CAPITO, Mr. BRAUN, Mr. ROUNDS, Mr. TILLIS, Mr. CRUZ, and Mr. HAGERTY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To direct the Administrator of the Transportation Security Administration to prohibit the use of certain identifica- tion documents at airport security checkpoints, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Strengthening En- 4 forcement to Curtail Unlawful, Risky Entrance to Flights 5 Act of 2023’’ or the ‘‘SECURE Flights Act of 2023’’. 6 VerDate Sep 11 2014 05:41 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS 2 •S 918 IS SEC. 2. PROHIBITED IDENTIFICATION DOCUMENTS AT AIR- 1 PORT SECURITY CHECKPOINTS; NOTIFICA- 2 TION TO IMMIGRATION AGENCIES. 3 (a) IN GENERAL.—The Administrator may not ac- 4 cept as valid proof of identification a prohibited identifica- 5 tion document at an airport security checkpoint. 6 (b) NOTIFICATION TO IMMIGRATION AGENCIES.—If 7 an individual presents a prohibited identification docu- 8 ment to an officer of the Transportation Security Admin- 9 istration at an airport security checkpoint, the Adminis- 10 trator shall promptly notify the Director of U.S. Immigra- 11 tion and Customs Enforcement, the Director of U.S. Cus- 12 toms and Border Protection, and the head of the appro- 13 priate local law enforcement agency to determine whether 14 the individual is in violation of any term of release from 15 the custody of any such agency. 16 (c) ENTRY INTO STERILE AREAS.— 17 (1) IN GENERAL.—Except as provided in para- 18 graph (2), if an individual is found to be in violation 19 of any term of release under subsection (b), the Ad- 20 ministrator shall not permit such individual to enter 21 a sterile area. 22 (2) EXCEPTION.—An individual presenting a 23 prohibited identification document under this section 24 may enter a sterile area if the individual— 25 VerDate Sep 11 2014 05:41 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS 3 •S 918 IS (A) is leaving the United States for the 1 purposes of removal or deportation; or 2 (B) presents a covered identification docu- 3 ment. 4 SEC. 3. COLLECTION OF BIOMETRIC INFORMATION FROM 5 CERTAIN INDIVIDUALS SEEKING ENTRY INTO 6 STERILE AREAS. 7 (a) IN GENERAL.—Beginning not later than 120 8 days after the date of the enactment of this Act, the Ad- 9 ministrator shall collect biometric information from an in- 10 dividual described in subsection (b) prior to authorizing 11 such individual to enter into a sterile area. 12 (b) INDIVIDUAL DESCRIBED.—An individual de- 13 scribed in this subsection is an individual who— 14 (1) is seeking entry into a sterile area; 15 (2) does not present a covered identification 16 document; and 17 (3) the Administrator cannot verify is a na- 18 tional of the United States. 19 (c) PARTICIPATION IN IDENT.—Beginning not later 20 than 120 days after the date of the enactment of this Act, 21 the Administrator, in coordination with the Secretary of 22 Homeland Security, shall submit biometric data collected 23 under this section to the Automated Biometric Identifica- 24 tion System (IDENT). 25 VerDate Sep 11 2014 05:41 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS 4 •S 918 IS SEC. 4. DEFINITIONS. 1 In this Act: 2 (1) ADMINISTRATOR.—The term ‘‘Adminis- 3 trator’’ means the Administrator of the Transpor- 4 tation Security Administration. 5 (2) BIOMETRIC INFORMATION.—The term ‘‘bio- 6 metric information’’ means any of the following: 7 (A) A fingerprint. 8 (B) A palm print. 9 (C) A photograph, including— 10 (i) a photograph of an individual’s 11 face for use with facial recognition tech- 12 nology; and 13 (ii) a photograph of any physical or 14 anatomical feature, such as a scar, skin 15 mark, or tattoo. 16 (D) A signature. 17 (E) A voice print. 18 (F) An iris image. 19 (3) COVERED IDENTIFICATION DOCUMENT.— 20 The term ‘‘covered identification document’’ means 21 any of the following, if the document is valid and 22 unexpired: 23 (A) A United States passport or passport 24 card. 25 VerDate Sep 11 2014 05:41 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS 5 •S 918 IS (B) A biometrically secure card issued by 1 a trusted or registered traveler program of the 2 Department of Homeland Security, including— 3 (i) Global Entry; 4 (ii) NEXUS; 5 (iii) Secure Electronic Network for 6 Travelers Rapid Inspection (SENTRI); 7 and 8 (iv) Free and Secure Trade (FAST). 9 (C) An identification card issued by the 10 Department of Defense, including such a card 11 issued to a dependent. 12 (D) Any document required for admission 13 to the United States under section 211(a) of 14 the Immigration and Nationality Act (8 U.S.C. 15 1181(a)). 16 (E) An enhanced driver’s license issued by 17 a State. 18 (F) A photo identification card issued by a 19 federally recognized Indian Tribe. 20 (G) A personal identity verification creden- 21 tial issued in accordance with Homeland Secu- 22 rity Presidential Directive 12. 23 (H) A driver’s license issued by a province 24 of Canada. 25 VerDate Sep 11 2014 05:41 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS 6 •S 918 IS (I) A Secure Certificate of Indian Status 1 issued by the Government of Canada. 2 (J) A Transportation Worker Identifica- 3 tion Credential. 4 (K) An Employment Authorization Docu- 5 ment issued by U.S. Citizenship and Immigra- 6 tion Services. 7 (L) A Merchant Mariner Credential issued 8 by the Coast Guard. 9 (M) A Veteran Health Identification Card 10 issued by the Department of Veterans Affairs. 11 (N) Any other document that the Adminis- 12 trator determines, pursuant to a rule making in 13 accordance with section 553 of title 5, United 14 States Code, will satisfy the identity verification 15 procedures of the Transportation Security Ad- 16 ministration. 17 (4) IMMIGRATION LAWS.—The term ‘‘immigra- 18 tion laws’’ has the meaning given that term in sec- 19 tion 101 of the Immigration and Nationality Act (8 20 U.S.C. 1101). 21 (5) PROHIBITED IDENTIFICATION DOCU- 22 MENT.—The term ‘‘prohibited identification docu- 23 ment’’ means any of the following (or any applicable 24 successor form): 25 VerDate Sep 11 2014 05:41 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS 7 •S 918 IS (A) U.S. Immigration and Customs En- 1 forcement Form I–200, Warrant for Arrest of 2 Alien. 3 (B) U.S. Immigration and Customs En- 4 forcement Form I–205, Warrant of Removal/ 5 Deportation. 6 (C) U.S. Immigration and Customs En- 7 forcement Form I–220A, Order of Release on 8 Recognizance. 9 (D) U.S. Immigration and Customs En- 10 forcement Form I–220B, Order of Supervision. 11 (E) Department of Homeland Security 12 Form I–862, Notice to Appear. 13 (F) U.S. Customs and Border Protection 14 Form I–94, Arrival/Departure Record (includ- 15 ing a print-out of an electronic record). 16 (G) Department of Homeland Security 17 Form I–385, Alien Booking Record. 18 (6) STERILE AREA.—The term ‘‘sterile area’’ 19 has the meaning given that term in section 1540.5 20 of title 49, Code of Federal Regulations, or any suc- 21 cessor regulation. 22 Æ VerDate Sep 11 2014 05:41 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S918.IS S918 kjohnson on DSK79L0C42PROD with BILLS