H.R. 10040 – No TSA Data for ICE Act

AI-Generated Summary

Updated August 5, 2026 at 5:51 AM UTC

The No TSA Data for ICE Act amends the Homeland Security Act of 2002 to stop the Department of Homeland Security from using TSA or private‑sector passenger data for immigration‑related duties performed by CBP or ICE. It also protects individuals in Trusted Traveler programs from being penalized for exercising free‑speech rights. The bill affects DHS leadership, immigration enforcement agencies, and travelers enrolled in programs such as PreCheck, Global Entry, SENTRI, FAST, NEXUS, and the APEC Business Travel Card.

Key Provisions

Prohibits the Secretary of Homeland Security from accessing or using any "specified information"—including TSA data and private‑sector passenger data with personal identifiers—to carry out any function of Customs and Border Protection or Immigration and Customs Enforcement.
Bars the Secretary from denying, suspending, or terminating a person's enrollment in Trusted Traveler programs (PreCheck, Global Entry, SENTRI, FAST, NEXUS, APEC Business Travel Card) on the basis of that person's participation in activities protected by the First Amendment.
Defines "specified information" as (1) information from the Transportation Security Administration and (2) data from private‑sector brokers that includes personally identifiable information of a flight passenger.

Legislative Activity

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3 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Transportation and Maritime Security.

Transportation and Maritime Security Subcommittee

August 4, 2026

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HouseIntro Referral

Introduced in House

August 3, 2026

HouseIntro Referral

Referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Homeland Security Committee

August 3, 2026

HouseCommittee

Referred to the Subcommittee on Border Security and Enforcement.

Border Security and Enforcement Subcommittee

August 4, 2026

HouseCommittee

Referred to the Subcommittee on Transportation and Maritime Security.

Transportation and Maritime Security Subcommittee

August 4, 2026

Bill Text

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Introduced in HouseIssued August 3, 2026

I

119th CONGRESS

2d Session

H. R. 10040

IN THE HOUSE OF REPRESENTATIVES

August 3, 2026

Ms. Tlaib (for herself, Ms. Ansari, Mr. Carson, Mrs. Fletcher, Mr. García of Illinois, Ms. Garcia of Texas, Mrs. Grijalva, Ms. Hoyle of Oregon, Mr. Johnson of Georgia, Ms. Kamlager-Dove, Mr. Krishnamoorthi, Mr. Landsman, Mr. Larson of Connecticut, Ms. Lee of Pennsylvania, Mrs. McClain Delaney, Mr. McGarvey, Mr. Menefee, Ms. Ocasio-Cortez, Mrs. Ramirez, Ms. Randall, Ms. Salinas, Ms. Simon, Mr. Thanedar, Ms. Velázquez, Mrs. Watson Coleman, and Ms. Williams of Georgia) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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.

1.

Short title

This Act may be cited as the No TSA Data for ICE Act.

2.

Prohibitions regarding information sharing and Trusted Traveler programs

(a)

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.

.

(b)

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:

Sec. 714. Prohibitions regarding information sharing and Trusted Traveler programs.

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