Section 1 Short title
This Act may be cited as the “No TSA Data for ICE Act”.
No TSA Data for ICE Act
A BILL
To amend the Homeland Security Act of 2002 to prohibit the Secretary of Homeland Security from accessing or utilizing certain information to carry out certain functions of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement and from carrying out certain actions regarding Trusted Traveler programs, and for other purposes.
Sec. 2 Prohibitions regarding information sharing and Trusted Traveler programs
In general— Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section:
“714. Prohibitions regarding information sharing and Trusted Traveler programs
“(a) Information sharing—The Secretary may neither access nor utilize, whether through direct means or indirect means, such as Mobile Fortify or another similar application, specified information to carry out a function of any of the following:
“(1) U.S. Customs and Border Protection.
“(2) U.S. Immigration and Customs Enforcement.
“(b) Trusted Traveler programs
“(1) In general—The Secretary may not deny, suspend, or early terminate an individual’s enrollment in a program specified in paragraph (2) on the basis of such individual’s participation in an activity protected by the First Amendment to the Constitution of the United States.
“(2) Programs specified—A program specified in this paragraph is any of the following:
“(A) The PreCheck Program under section 44919 of title 49, United States Code.
“(B) The Global Entry, SENTRI, and FAST programs under subsection (k) of section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b).
“(C) The NEXUS program under section 404 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1753).
“(D) The Asia-Pacific Economic Cooperation Business Travel Card program under section 418.
“(c) Specified information defined—In this section, the term specified information means any of the following:
“(1) Information from the Transportation Security Administration.
“(2) Data that satisfies the following requirements:
“(A) Includes personally identifiable information of a flight passenger.
“(B) Is from a private sector entity that brokers such data.”
Clerical amendment— The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 713 the following new item: