SECURE Flights Act of 2023

Subjects: Transportation and Public Works


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 918 Introduced in Senate (IS)]

&lt;DOC&gt;






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 identification documents 
        at airport security checkpoints, 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 ``Strengthening Enforcement to Curtail 
Unlawful, Risky Entrance to Flights Act of 2023'' or the ``SECURE 
Flights Act of 2023''.

SEC. 2. PROHIBITED IDENTIFICATION DOCUMENTS AT AIRPORT SECURITY 
              CHECKPOINTS; NOTIFICATION TO IMMIGRATION AGENCIES.

    (a) In General.--The Administrator may not accept as valid proof of 
identification a prohibited identification document at an airport 
security checkpoint.
    (b) Notification to Immigration Agencies.--If an individual 
presents a prohibited identification document to an officer of the 
Transportation Security Administration at an airport security 
checkpoint, the Administrator shall promptly notify the Director of 
U.S. Immigration and Customs Enforcement, the Director of U.S. Customs 
and Border Protection, and the head of the appropriate local law 
enforcement agency to determine whether the individual is in violation 
of any term of release from the custody of any such agency.
    (c) Entry Into Sterile Areas.--
            (1) In general.--Except as provided in paragraph (2), if an 
        individual is found to be in violation of any term of release 
        under subsection (b), the Administrator shall not permit such 
        individual to enter a sterile area.
            (2) Exception.--An individual presenting a prohibited 
        identification document under this section may enter a sterile 
        area if the individual--
                    (A) is leaving the United States for the purposes 
                of removal or deportation; or
                    (B) presents a covered identification document.

SEC. 3. COLLECTION OF BIOMETRIC INFORMATION FROM CERTAIN INDIVIDUALS 
              SEEKING ENTRY INTO STERILE AREAS.

    (a) In General.--Beginning not later than 120 days after the date 
of the enactment of this Act, the Administrator shall collect biometric 
information from an individual described in subsection (b) prior to 
authorizing such individual to enter into a sterile area.
    (b) Individual Described.--An individual described in this 
subsection is an individual who--
            (1) is seeking entry into a sterile area;
            (2) does not present a covered identification document; and
            (3) the Administrator cannot verify is a national of the 
        United States.
    (c) Participation in IDENT.--Beginning not later than 120 days 
after the date of the enactment of this Act, the Administrator, in 
coordination with the Secretary of Homeland Security, shall submit 
biometric data collected under this section to the Automated Biometric 
Identification System (IDENT).

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Transportation Security Administration.
            (2) Biometric information.--The term ``biometric 
        information'' means any of the following:
                    (A) A fingerprint.
                    (B) A palm print.
                    (C) A photograph, including--
                            (i) a photograph of an individual's face 
                        for use with facial recognition technology; and
                            (ii) a photograph of any physical or 
                        anatomical feature, such as a scar, skin mark, 
                        or tattoo.
                    (D) A signature.
                    (E) A voice print.
                    (F) An iris image.
            (3) Covered identification document.--The term ``covered 
        identification document'' means any of the following, if the 
        document is valid and unexpired:
                    (A) A United States passport or passport card.
                    (B) A biometrically secure card issued by a trusted 
                or registered traveler program of the Department of 
                Homeland Security, including--
                            (i) Global Entry;
                            (ii) NEXUS;
                            (iii) Secure Electronic Network for 
                        Travelers Rapid Inspection (SENTRI); and
                            (iv) Free and Secure Trade (FAST).
                    (C) An identification card issued by the Department 
                of Defense, including such a card issued to a 
                dependent.
                    (D) Any document required for admission to the 
                United States under section 211(a) of the Immigration 
                and Nationality Act (8 U.S.C. 1181(a)).
                    (E) An enhanced driver's license issued by a State.
                    (F) A photo identification card issued by a 
                federally recognized Indian Tribe.
                    (G) A personal identity verification credential 
                issued in accordance with Homeland Security 
                Presidential Directive 12.
                    (H) A driver's license issued by a province of 
                Canada.
                    (I) A Secure Certificate of Indian Status issued by 
                the Government of Canada.
                    (J) A Transportation Worker Identification 
                Credential.
                    (K) An Employment Authorization Document issued by 
                U.S. Citizenship and Immigration Services.
                    (L) A Merchant Mariner Credential issued by the 
                Coast Guard.
                    (M) A Veteran Health Identification Card issued by 
                the Department of Veterans Affairs.
                    (N) Any other document that the Administrator 
                determines, pursuant to a rule making in accordance 
                with section 553 of title 5, United States Code, will 
                satisfy the identity verification procedures of the 
                Transportation Security Administration.
            (4) Immigration laws.--The term ``immigration laws'' has 
        the meaning given that term in section 101 of the Immigration 
        and Nationality Act (8 U.S.C. 1101).
            (5) Prohibited identification document.--The term 
        ``prohibited identification document'' means any of the 
        following (or any applicable successor form):
                    (A) U.S. Immigration and Customs Enforcement Form 
                I-200, Warrant for Arrest of Alien.
                    (B) U.S. Immigration and Customs Enforcement Form 
                I-205, Warrant of Removal/Deportation.
                    (C) U.S. Immigration and Customs Enforcement Form 
                I-220A, Order of Release on Recognizance.
                    (D) U.S. Immigration and Customs Enforcement Form 
                I-220B, Order of Supervision.
                    (E) Department of Homeland Security Form I-862, 
                Notice to Appear.
                    (F) U.S. Customs and Border Protection Form I-94, 
                Arrival/Departure Record (including a print-out of an 
                electronic record).
                    (G) Department of Homeland Security Form I-385, 
                Alien Booking Record.
            (6) Sterile area.--The term ``sterile area'' has the 
        meaning given that term in section 1540.5 of title 49, Code of 
        Federal Regulations, or any successor regulation.
                                 &lt;all&gt;
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