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