[Congressional Record Volume 170, Number 76 (Thursday, May 2, 2024)]
[Senate]
[Pages S3353-S3354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1977. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) and intended to be proposed to the bill H.R. 
3935, to amend title 49, United States Code, to reauthorize and improve 
the Federal Aviation Administration and other civil aviation programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. PERMANENT PROHIBITION ON OPERATIONS FOR AIR 
                   CARRIERS THAT PROVIDE, OR FACILITATE THE 
                   PROVISION OF, TRANSPORTATION OF ANY ALIEN USING 
                   CERTAIN METHODS OF IDENTIFICATION.

       (a) In General.--Chapter 401 of title 49, United States 
     Code, is amended by inserting after section 40130 the 
     following new section:

     ``Sec. 40131. Permanent prohibition on operations for air 
       carriers that transport any alien using certain methods of 
       identification

       ``An air carrier or foreign air carrier may not operate an 
     aircraft in foreign air transportation or land such aircraft 
     at any airport in the United States if the air carrier or 
     foreign air carrier actively provides, or actively 
     facilitates the provision of, transportation of any alien 
     using any of the following for purposes of identification or 
     travel authorization:
       ``(1) The CBP One Mobile Application.
       ``(2) Department of Homeland Security Form I-385, Notice to 
     Report.
       ``(3) Department of Homeland Security Form I-862, Notice to 
     Appear.''.
       (b) Clerical Amendment.--The analysis for chapter 401 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 40130 the following:

``40131. Permanent prohibition on operations for air carriers that 
              transport any alien using certain methods of 
              identification.''.

     SEC. __. PROHIBITION OF CERTAIN FORMS OF IDENTIFICATION FOR 
                   AIRLINE PASSENGERS.

       Section 7220 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 49 U.S.C. 44901 
     note) is amended--

[[Page S3354]]

       (1) in subsection (c)(1)(C), by inserting ``except as 
     provided in subsection (d),'' before ``any document'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Prohibition of Certain Forms of Identification.--In 
     carrying out this section, the Secretary of Homeland Security 
     may not designate or permit any of the following as a valid 
     identification or authorization document, or permit the 
     following to be used to obtain such identification or travel 
     document, for a domestic commercial airline passenger seeking 
     to board an aircraft:
       ``(1) The CBP One Mobile Application.
       ``(2) Department of Homeland Security Form I-385, Notice to 
     Report.
       ``(3) Department of Homeland Security Form I-862, Notice to 
     Appear.''.
                                 ______