US Codex
Bill
Notes

VALID Act

S. 4387 · 118th Congress · May 22, 2024 · Lineage

A BILL

To prohibit transportation of any alien using certain methods of identification.

Section 1 Short title

This Act may be cited as the “VALID Act”.

Sec. 2 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:

“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:

Sec. 3 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—
(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.”