S.Amdt. 1977

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.''.
______