SECURE Flights Act

I 118TH CONGRESS 1ST SESSION H. R. 1703 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 HOUSE OF REPRESENTATIVES MARCH 22, 2023 Mr. GOODEN of Texas (for himself, Mr. ELLZEY, Mr. DESJARLAIS, Mr. VAN DREW, Mrs. BOEBERT, Mr. BABIN, Mr. GROTHMAN, Mrs. MILLER of Illi- nois, Mr. VAN ORDEN, and Mr. MANN) introduced the following bill; which was referred to the Committee on Homeland Security 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 and Criminalizing Unlawful Records Enabling 5 Flights Act’’ or the ‘‘SECURE Flights Act’’. 6 VerDate Sep 11 2014 04:52 Apr 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1703.IH H1703 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1703 IH 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 Commissioner of U.S. 12 Customs and Border Protection, and the head of the ap- 13 propriate local law enforcement agency to determine 14 whether the individual is in violation of any term of release 15 from 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 04:52 Apr 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1703.IH H1703 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1703 IH (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 THE STERILE AREA OF AN AIRPORT. 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 the sterile area of an 15 airport; 16 (2) does not present a covered identification 17 document; and 18 (3) the Administrator cannot verify is a na- 19 tional of the United States. 20 (c) PARTICIPATION IN IDENT.—Beginning not later 21 than 120 days after the date of the enactment of this Act, 22 the Administrator, in coordination with the Secretary of 23 Homeland Security, shall submit biometric data collected 24 VerDate Sep 11 2014 04:52 Apr 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1703.IH H1703 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1703 IH under this section to the Automated Biometric Identifica- 1 tion System (IDENT). 2 SEC. 4. DEFINITIONS. 3 In this Act: 4 (1) ADMINISTRATOR.—The term ‘‘Adminis- 5 trator’’ means the Administrator of the Transpor- 6 tation Security Administration. 7 (2) BIOMETRIC INFORMATION.—The term ‘‘bio- 8 metric information’’ means any of the following: 9 (A) A fingerprint. 10 (B) A palm print. 11 (C) A photograph, including— 12 (i) a photograph of an individual’s 13 face for use with facial recognition tech- 14 nology; and 15 (ii) a photograph of any physical or 16 anatomical feature, such as a scar, skin 17 mark, or tattoo. 18 (D) A signature. 19 (E) A voice print. 20 (F) An iris image. 21 (3) COVERED IDENTIFICATION DOCUMENT.— 22 The term ‘‘covered identification document’’ means 23 any of the following, if the document is valid and 24 unexpired: 25 VerDate Sep 11 2014 04:52 Apr 01, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1703.IH H1703 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1703 IH (A) A United States passport or passport 1 card. 2 (B) A biometrically secure card issued by 3 a trusted or registered traveler program of the 4 Department of Homeland Security, including— 5 (i) Global Entry; 6 (ii) NEXUS; 7 (iii) Secure Electronic Network for 8 Travelers Rapid Inspection (SENTRI); 9 and 10 (iv) Free and Secure Trade (FAST). 11 (C) An identification card issued by the 12 Department of Defense, including such a card 13 issued to a dependent. 14 (D) Any document required for admission 15 to the United States under section 211(a) of 16 the Immigration and Nationality Act (8 U.S.C. 17 1181(a)). 18 (E) An enhanced driver’s license issued by 19 a State. 20 (F) A photo identification card issued by a 21 federally recognized Indian Tribe. 22 (G) A personal identity verification creden- 23 tial issued in accordance with Homeland Secu- 24 rity Presidential Directive 12. 25 VerDate Sep 11 2014 04:52 Apr 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1703.IH H1703 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 1703 IH (H) A driver’s license issued by a province 1 of Canada. 2 (I) A Secure Certificate of Indian Status 3 issued by the Government of Canada. 4 (J) A Transportation Worker Identifica- 5 tion Credential. 6 (K) An Employment Authorization Docu- 7 ment issued by United States Citizenship and 8 Immigration Services. 9 (L) A Merchant Mariner Credential issued 10 by the Coast Guard. 11 (M) A Veteran Health Identification Card 12 issued by the Department of Veterans Affairs. 13 (N) Any other document that the Adminis- 14 trator determines, pursuant to a rule making in 15 accordance with section 553 of title 5, United 16 States Code, will satisfy the identity verification 17 procedures of the Transportation Security Ad- 18 ministration. 19 (4) PROHIBITED IDENTIFICATION DOCU- 20 MENT.—The term ‘‘prohibited identification docu- 21 ment’’ means any of the following (or any applicable 22 successor form): 23 VerDate Sep 11 2014 04:52 Apr 01, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1703.IH H1703 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 1703 IH (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 (5) 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 04:52 Apr 01, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H1703.IH H1703 kjohnson on DSK79L0C42PROD with BILLS