II 

117TH CONGRESS 

2D SESSION S. 3602 

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 

FEBRUARY 8 (legislative day, FEBRUARY 3), 2022 

Mr. RUBIO (for himself, Mr. TILLIS, Mr. BRAUN, Mr. BOOZMAN, Mr. 

HAGERTY, Mr. CRUZ, Mr. ROUNDS, Mrs. CAPITO, Mr. CRAPO, and Mr. 

RISCH) 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 identification documents at airport security checkpoints, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening En5 forcement to Curtail Unlawful, Risky Entrance to Flights 

6 Act of 2022’’ or the ‘‘SECURE Flights Act of 2022’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 3602 IS

1 SEC. 2. PROHIBITED IDENTIFICATION DOCUMENTS AT AIR2 PORT SECURITY CHECKPOINTS; NOTIFICA3 TION TO IMMIGRATION AGENCIES. 

4 (a) IN GENERAL.—The Administrator may not ac5 cept as valid proof of identification a prohibited identifica6 tion document at an airport security checkpoint. 

7 (b) NOTIFICATION TO IMMIGRATION AGENCIES.—If 

8 an individual presents a prohibited identification docu9 ment to an officer of the Transportation Security Admin10 istration at an airport security checkpoint, the Adminis11 trator shall promptly notify the Director of U.S. Immigra12 tion and Customs Enforcement, the Director of U.S. Cus13 toms and Border Protection, and the head of the appro14 priate local law enforcement agency to determine whether 

15 the individual is in violation of any term of release from 

16 the custody of any such agency. 

17 (c) ENTRY INTO STERILE AREAS.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), if an individual is found to be in violation 

20 of any term of release under subsection (b), the Ad21 ministrator shall not permit such individual to enter 

22 a sterile area. 

23 (2) EXCEPTION.—An individual presenting a 

24 prohibited identification document under this section 

25 may enter a sterile area if the individual— 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 3602 IS

1 (A) is leaving the United States for the 

2 purposes of removal or deportation; or 

3 (B) presents a covered identification docu4 ment. 

5 SEC. 3. COLLECTION OF BIOMETRIC INFORMATION FROM 

6 CERTAIN INDIVIDUALS SEEKING ENTRY INTO 

7 STERILE AREAS. 

8 (a) IN GENERAL.—Beginning not later than 120 

9 days after the date of the enactment of this Act, the Ad10 ministrator shall collect biometric information from an in11 dividual described in subsection (b) prior to authorizing 

12 such individual to enter into a sterile area. 

13 (b) INDIVIDUAL DESCRIBED.—An individual de14 scribed in this subsection is an individual who— 

15 (1) is seeking entry into a sterile area; 

16 (2) does not present a covered identification 

17 document; and 

18 (3) the Administrator cannot verify is a na19 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 under this section to the Automated Biometric Identifica25 tion System (IDENT). 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 3602 IS

1 SEC. 4. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Transpor5 tation Security Administration. 

6 (2) BIOMETRIC INFORMATION.—The term ‘‘bio7 metric information’’ means any of the following: 

8 (A) A fingerprint. 

9 (B) A palm print. 

10 (C) A photograph, including— 

11 (i) a photograph of an individual’s 

12 face for use with facial recognition tech13 nology; and 

14 (ii) a photograph of any physical or 

15 anatomical feature, such as a scar, skin 

16 mark, or tattoo. 

17 (D) A signature. 

18 (E) A voice print. 

19 (F) An iris image. 

20 (3) COVERED IDENTIFICATION DOCUMENT.— 

21 The term ‘‘covered identification document’’ means 

22 any of the following, if the document is valid and 

23 unexpired: 

24 (A) A United States passport or passport 

25 card. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 3602 IS

1 (B) A biometrically secure card issued by 

2 a trusted or registered traveler program of the 

3 Department of Homeland Security, including— 

4 (i) Global Entry; 

5 (ii) NEXUS; 

6 (iii) Secure Electronic Network for 

7 Travelers Rapid Inspection (SENTRI); 

8 and 

9 (iv) Free and Secure Trade (FAST). 

10 (C) An identification card issued by the 

11 Department of Defense, including such a card 

12 issued to a dependent. 

13 (D) Any document required for admission 

14 to the United States under section 211(a) of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 1181(a)). 

17 (E) An enhanced driver’s license issued by 

18 a State. 

19 (F) A photo identification card issued by a 

20 federally recognized Indian Tribe. 

21 (G) A personal identity verification creden22 tial issued in accordance with Homeland Secu23 rity Presidential Directive 12. 

24 (H) A driver’s license issued by a province 

25 of Canada. 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 3602 IS

1 (I) A Secure Certificate of Indian Status 

2 issued by the Government of Canada. 

3 (J) A Transportation Worker Identifica4 tion Credential. 

5 (K) An Employment Authorization Docu6 ment issued by U.S. Citizenship and Immigra7 tion Services. 

8 (L) A Merchant Mariner Credential issued 

9 by the Coast Guard. 

10 (M) A Veteran Health Identification Card 

11 issued by the Department of Veterans Affairs. 

12 (N) Any other document that the Adminis13 trator determines, pursuant to a rule making in 

14 accordance with section 553 of title 5, United 

15 States Code, will satisfy the identity verification 

16 procedures of the Transportation Security Ad17 ministration. 

18 (4) IMMIGRATION LAWS.—The term ‘‘immigra19 tion laws’’ has the meaning given that term in sec20 tion 101 of the Immigration and Nationality Act (8 

21 U.S.C. 1101). 

22 (5) PROHIBITED IDENTIFICATION DOCU23 MENT.—The term ‘‘prohibited identification docu24 ment’’ means any of the following (or any applicable 

25 successor form): 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 3602 IS

1 (A) U.S. Immigration and Customs En2 forcement Form I–200, Warrant for Arrest of 

3 Alien. 

4 (B) U.S. Immigration and Customs En5 forcement Form I–205, Warrant of Removal/ 

6 Deportation. 

7 (C) U.S. Immigration and Customs En8 forcement Form I–220A, Order of Release on 

9 Recognizance. 

10 (D) U.S. Immigration and Customs En11 forcement Form I–220B, Order of Supervision. 

12 (E) Department of Homeland Security 

13 Form I–862, Notice to Appear. 

14 (F) U.S. Customs and Border Protection 

15 Form I–94, Arrival/Departure Record (includ16 ing a print-out of an electronic record). 

17 (G) Department of Homeland Security 

18 Form I–385, Alien Booking Record. 

19 (6) STERILE AREA.—The term ‘‘sterile area’’ 

20 has the meaning given that term in section 1540.5 

21 of title 49, Code of Federal Regulations, or any suc22 cessor regulation. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS