II
118THCONGRESS
1
STSESSION 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
MARCH22, 2023
Mr. R
UBIO(for himself, Mr. CRAPO, Mr. RISCH, Mrs. CAPITO, Mr. BRAUN,
Mr. R
OUNDS, 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) I
NGENERAL.—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) N
OTIFICATION TOIMMIGRATIONAGENCIES.—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) E
NTRYINTOSTERILEAREAS.— 17
(1) I
N 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) E
XCEPTION.—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) I
NGENERAL.—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) I
NDIVIDUALDESCRIBED.—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) P
ARTICIPATION INIDENT.—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) A
DMINISTRATOR.—The term ‘‘Adminis-3
trator’’ means the Administrator of the Transpor-4
tation Security Administration. 5
(2) B
IOMETRIC 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) C
OVERED 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) I
MMIGRATION 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) P
ROHIBITED 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) S
TERILE 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