I 

116TH CONGRESS 

1ST SESSION H. R. 774 

To amend section 349 of the Immigration and Nationality Act to deem 

specified activities in support of terrorism as renunciation of United 

States nationality, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 24, 2019 

Mr. KING of Iowa introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, 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 section 349 of the Immigration and Nationality 

Act to deem specified activities in support of terrorism 

as renunciation of United States nationality, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Expatriate Terrorist 

5 Act’’. 


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1 SEC. 2. LOSS OF NATIONALITY DUE TO SUPPORT OF TER2 RORISM. 

3 Section 349(a) of the Immigration and Nationality 

4 Act (8 U.S.C. 1481(a)) is amended to read as follows: 

5 ‘‘(a) IN GENERAL.—A person who is a national of 

6 the United States whether by birth or naturalization, shall 

7 lose his or her nationality by voluntarily performing any 

8 of the following acts with the intention of relinquishing 

9 United States nationality: 

10 ‘‘(1) Obtaining naturalization in a foreign state 

11 upon his or her own application or upon an applica12 tion filed by a duly authorized agent, after having 

13 attained 18 years of age. 

14 ‘‘(2) Taking an oath or making an affirmation 

15 or other formal declaration of allegiance to a foreign 

16 state, a political subdivision thereof, or a foreign ter17 rorist organization designated under section 219, 

18 after having attained 18 years of age. 

19 ‘‘(3) Entering, or serving in, the armed forces 

20 of a foreign state or a foreign terrorist organization 

21 designated under section 219 if— 

22 ‘‘(A) such armed forces are engaged in 

23 hostilities against the United States; or 

24 ‘‘(B) such persons serve as a commissioned 

25 or noncommissioned officer. 


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1 ‘‘(4) Becoming a member of, or providing train2 ing or material assistance to, any foreign terrorist 

3 organization designated under section 219. 

4 ‘‘(5) Accepting, serving in, or performing the 

5 duties of any office, post, or employment under the 

6 government of a foreign state, a political subdivision 

7 thereof, or a foreign terrorist organization des8 ignated under section 219 if— 

9 ‘‘(A) the person knowingly has or acquires 

10 the nationality of such foreign state; or 

11 ‘‘(B) an oath, affirmation, or declaration 

12 of allegiance to the foreign state, political sub13 division, or designated foreign terrorist organi14 zation is required for such office, post, or em15 ployment. 

16 ‘‘(6) Making a formal renunciation of United 

17 States nationality before a diplomatic or consular of18 ficer of the United States in a foreign state, in such 

19 form as may be prescribed by the Secretary of State. 

20 ‘‘(7) Making in the United States a formal 

21 written renunciation of nationality in such form as 

22 may be prescribed by, and before such officer as 

23 may be designated by, the Attorney General, when24 ever the United States shall be in a state of war and 

25 the Attorney General shall approve such renunciVerDate Sep 11 2014 05:05 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H774.IH H774

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1 ation as not contrary to the interests of national de2 fense. 

3 ‘‘(8)(A) Committing any act of treason against, 

4 or attempting by force to overthrow, or bearing arms 

5 against, the United States; 

6 ‘‘(B) violating or conspiring to violate any of 

7 the provisions of section 2383 of title 18, United 

8 States Code; 

9 ‘‘(C) willfully performing any act in violation of 

10 section 2385 of title 18, United States Code; or 

11 ‘‘(D) violating section 2384 of such title by en12 gaging in a conspiracy to overthrow, put down, or to 

13 destroy by force the Government of the United 

14 States, or to levy war against them, 

15 if and when such person is convicted thereof by a 

16 court martial or by a court of competent jurisdic17 tion.’’. 

18 SEC. 3. REVOCATION OR DENIAL OF PASSPORTS AND PASS19 PORT CARDS TO INDIVIDUALS WHO ARE 

20 MEMBERS OF FOREIGN TERRORIST ORGANI21 ZATIONS. 

22 The Act entitled ‘‘An Act to regulate the issue and 

23 validity of passports, and for other purposes’’, approved 

24 July 3, 1926 (22 U.S.C. 211a et seq.), which is commonly 


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1 known as the ‘‘Passport Act of 1926’’, is amended by add2 ing at the end the following: 

3 ‘‘SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND 

4 PASSPORT CARD. 

5 ‘‘(a) INELIGIBILITY.— 

6 ‘‘(1) ISSUANCE.—The Secretary of State shall 

7 not issue a passport or passport card to any indi8 vidual whom the Secretary has determined is a 

9 member, or is attempting to become a member, of 

10 an organization the Secretary has designated as a 

11 foreign terrorist organization pursuant to section 

12 219 of the Immigration and Nationality Act (8 

13 U.S.C. 1189). 

14 ‘‘(2) REVOCATION.—The Secretary of State 

15 shall revoke a passport or passport card previously 

16 issued to any individual described in paragraph (1). 

17 ‘‘(b) RIGHT OF REVIEW.—Any person who, in ac18 cordance with this section, is denied issuance of a passport 

19 or passport card by the Secretary of State, or whose pass20 port or passport card is revoked or otherwise restricted 

21 by the Secretary of State, may request a due process hear22 ing not later than 60 days after receiving such notice of 

23 the nonissuance, revocation, or restriction.’’. 

Æ 


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