I 

114TH CONGRESS 

2D SESSION H. R. 5611 

To prevent terrorists from launching attacks and obtaining passports, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 1, 2016 

Mr. MCCARTHY introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on the 

Judiciary, and 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 prevent terrorists from launching attacks and obtaining 

passports, 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 ‘‘Homeland Safety and 

5 Security Act’’. 

6 SEC. 2. AUTHORIZATION OF THE OFFICE FOR PARTNER7 SHIPS TO PREVENT TERRORISM OF THE DE8 PARTMENT OF HOMELAND SECURITY. 

9 (a) FINDINGS.—Congress finds the following: 


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1 (1) The preeminent terrorist threats to the 

2 United States are radical Islamist terrorist networks 

3 such as al Qaeda, the Islamic State of Iraq and 

4 Syria, and their allies and affiliate networks, as well 

5 as lone-wolf supporters and sympathizers in the 

6 United States and around the world. 

7 (2) Americans are actively being recruited by 

8 radical Islamist terrorism propaganda to support the 

9 establishment of a global caliphate in general and 

10 the destruction of the United States in particular, as 

11 well as to repudiate American values. 

12 (3) The present Administration has repeatedly 

13 ignored the threat posed by this ideology. 

14 (4) In recent years 90 people have been killed 

15 in radical Islamist terrorist attacks launched against 

16 the United States homeland. 

17 (b) AUTHORIZATION.—Title I of the Homeland Secu18 rity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 

19 adding at the end the following new section: 

20 ‘‘SEC. 104. THE OFFICE FOR PARTNERSHIPS TO PREVENT 

21 TERRORISM. 

22 ‘‘(a) ESTABLISHMENT.—There is in the Department 

23 the Office for Partnerships to Prevent Terrorism. The 

24 head of the Office shall be the Assistant Secretary for 

25 Partnerships to Prevent Terrorism, who shall be appointed 


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1 by the Secretary. The Secretary shall additionally appoint 

2 a career Deputy Assistant Secretary of the Department 

3 to serve as Deputy Assistant Secretary for Partnerships 

4 to Prevent Terrorism. 

5 ‘‘(b) ASSIGNMENT OF PERSONNEL.—The Secretary 

6 shall assign or hire, as appropriate, permanent staff for 

7 the Office for Partnerships to Prevent Terrorism. In car8 rying out this subsection, the Secretary shall, to the max9 imum extent practicable, seek to assign to or hire for the 

10 Office an individual who has a demonstrated background 

11 in technical matters, on and offline media, communica12 tions, or marketing. 

13 ‘‘(c) SUPPORT.—The Secretary shall appoint within 

14 each appropriate component and office of the Department, 

15 including at a minimum, U.S. Customs and Border Pro16 tection, U.S. Immigration and Customs Enforcement, 

17 United States Citizenship and Immigration Services, the 

18 Office of Privacy, the National Protection and Programs 

19 Directorate, the Office of Civil Rights and Civil Liberties, 

20 the Secret Service, and the Science and Technology Direc21 torate, an individual to serve as liaison to the Office for 

22 Partnerships to Prevent Terrorism. 

23 ‘‘(d) RESPONSIBILITIES.—The Assistant Secretary 

24 for Partnerships to Prevent Terrorism shall be responsible 

25 for the following: 


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1 ‘‘(1) Prioritizing the Department’s efforts to 

2 prevent violent extremist activities and radicalization 

3 associated with the threat posed by radical Islamist 

4 terrorist networks, and their recruiting, radicaliza5 tion, and propaganda. 

6 ‘‘(2) Coordinating the Department’s activities 

7 to counter radical Islamist terrorism across all the 

8 components and offices of the Department that con9 duct strategic and supportive activities. Such activi10 ties shall include the following: 

11 ‘‘(A) Identifying risk factors that con12 tribute to radical Islamist terrorism and poten13 tial remedies for use by Government and non14 government organizations. 

15 ‘‘(B) Identifying populations targeted by 

16 radical Islamist terrorism propaganda, mes17 saging, or recruitment. 

18 ‘‘(C) Managing the outreach and engage19 ment activities of the Department directed to20 ward communities at risk for radicalization and 

21 recruitment for radical Islamist terrorism ac22 tivities. 

23 ‘‘(D) Ensuring relevant information, em24 pirically valid research, and products inform ac25 tivities to counter radical Islamist terrorism. 


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1 ‘‘(E) Identifying and recommending new 

2 research and analysis requirements in consulta3 tion with the Under Secretary for Science and 

4 Technology and the Under Secretary for Intel5 ligence and Analysis and ensuring the dissemi6 nation of information and methods to Federal, 

7 State, local, tribal, and territorial countering 

8 radical Islamist terrorism practitioners, offi9 cials, law enforcement, and non-governmental 

10 partners to utilize such research and analysis 

11 requirements. 

12 ‘‘(F) Assessing the methods used by rad13 ical Islamist terrorist entities designated as for14 eign terrorist organizations pursuant to section 

15 219 of the Immigration and Nationality Act (8 

16 U.S.C. 1189) to disseminate propaganda and 

17 messaging to communities at risk for radicaliza18 tion and recruitment. 

19 ‘‘(3) Establishing a counter-messaging program 

20 to craft strategic counter-messages to the propa21 ganda and messaging referred to in subparagraph 

22 (F) of paragraph (2) which shall— 

23 ‘‘(A) explore ways to utilize relevant Inter24 net and other technologies and social media 

25 platforms; and 


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1 ‘‘(B) maximize other resources available to 

2 the Department, including utilizing hiring au3 thorities available under law. 

4 ‘‘(4) Serving as the primary representative of 

5 the Department in coordinating countering radical 

6 Islamist terrorism activities with other Federal de7 partments and agencies and non-governmental orga8 nizations. 

9 ‘‘(5) Serving as the primary Department-level 

10 representative in coordinating with the Secretary of 

11 State on international countering radical Islamist 

12 terrorism issues. 

13 ‘‘(6) In coordination with the Administrator of 

14 the Federal Emergency Management Agency and 

15 the Officer for Civil Rights and Civil Liberties of the 

16 Department, providing guidance regarding the use of 

17 grants made to State, local, tribal, and territorial 

18 governments under sections 2003 and 2004 under 

19 the allowable uses guidelines related to countering 

20 radical Islamist terrorism. 

21 ‘‘(7) Coordinating with the Administrator of the 

22 Federal Emergency Management Agency to admin23 ister the grant program under subsection (f). 

24 ‘‘(e) MEMORANDUM OF UNDERSTANDING.—The As25 sistant Secretary for Partnerships to Prevent Terrorism 


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1 shall enter into a memorandum of understanding with the 

2 Administrator of the Federal Emergency Management 

3 Agency outlining the roles of the Assistant Secretary and 

4 the Administrator with respect to the administration of 

5 grants under sections 2003 and 2004 related to coun6 tering radical Islamist terrorism. 

7 ‘‘(f) GRANT PROGRAM.— 

8 ‘‘(1) ESTABLISHMENT.—The Assistant Sec9 retary for Partnerships to Prevent Terrorism, in co10 ordination with the Administrator of the Federal 

11 Emergency Management Agency and the Officer for 

12 Civil Rights and Civil Liberties of the Department, 

13 shall establish a grant program for eligible commu14 nity groups and organizations to assist such groups 

15 and organizations in establishing counter-messaging 

16 campaigns targeting radical Islamist terrorism. 

17 ‘‘(2) IMPLEMENTATION PLAN.—Not later than 

18 90 days after the date of the enactment of this sec19 tion, the Assistant Secretary for Partnerships to 

20 Prevent Terrorism, in coordination with the Admin21 istrator of the Federal Emergency Management 

22 Agency and the Officer for Civil Rights and Civil 

23 Liberties of the Department, shall provide to the 

24 Committee on Homeland Security of the House of 

25 Representatives and the Committee on Homeland 


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1 Security and Governmental Affairs of the Senate an 

2 implementation plan for the grant program under 

3 this subsection, including eligibility criteria, applica4 tion criteria, methodology for awarding grants, and 

5 a plan for monitoring and evaluating grant applica6 tions and awards. 

7 ‘‘(3) PROHIBITION.—A community group or or8 ganization is not eligible for a grant under this sub9 section if such group or organization has knowingly 

10 funded radical Islamist terrorist activities or organi11 zations known to engage in such activities, as deter12 mined by the Assistant Secretary for Partnerships to 

13 Prevent Terrorism in coordination with the heads of 

14 other relevant Federal departments and agencies. 

15 ‘‘(g) STRATEGY TO COUNTER RADICAL ISLAMIST

16 TERRORISM IN THE UNITED STATES.— 

17 ‘‘(1) STRATEGY.—Not later than 90 days after 

18 the date of the enactment of this section, the Sec19 retary shall submit to the Committee on Homeland 

20 Security of the House of Representatives and the 

21 Committee on Homeland Security and Governmental 

22 Affairs of the Senate a comprehensive Department 

23 strategy to counter radical Islamist terrorism in the 

24 United States. 


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1 ‘‘(2) CONTENTS OF STRATEGY.—The strategy 

2 required under paragraph (1) shall, at a minimum, 

3 address each of the following: 

4 ‘‘(A) The Department’s counter-messaging 

5 program described in subsection (d)(3), includ6 ing a plan to leverage new and existing Inter7 net, digital, and other technologies and social 

8 media platforms to counter radical Islamist ter9 rorism, as well as the best practices and lessons 

10 learned from other Federal, State, local, tribal, 

11 territorial, non-governmental, and foreign part12 ners engaged in similar counter-messaging ac13 tivities. 

14 ‘‘(B) The Department’s countering radical 

15 Islamist terrorism-related engagement and out16 reach activities. 

17 ‘‘(C) The use of cooperative agreements 

18 with State, local, tribal, territorial, and other 

19 Federal departments and agencies responsible 

20 for activities relating to countering radical 

21 Islamist terrorism. 

22 ‘‘(D) Ensuring all activities related to 

23 countering radical Islamist terrorism adhere to 

24 relevant Department and applicable Depart25 ment of Justice guidance regarding privacy, 


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1 civil rights, and civil liberties, including safe2 guards against discrimination. 

3 ‘‘(E) The development of qualitative and 

4 quantitative outcome-based metrics to evaluate 

5 the Department’s programs and policies to 

6 counter radical Islamist terrorism. 

7 ‘‘(F) An analysis of the homeland security 

8 risk posed by radical Islamist terrorism based 

9 on the threat environment and empirical data 

10 assessing terrorist activities and incidents, and 

11 radical Islamist terrorist propaganda, mes12 saging, or recruitment. 

13 ‘‘(G) Information on the Department’s 

14 near-term, mid-term, and long-term risk-based 

15 goals for countering radical Islamist terrorism, 

16 reflecting the risk analysis conducted pursuant 

17 to subparagraph (F). 

18 ‘‘(3) STRATEGIC CONSIDERATIONS.—In draft19 ing the strategy required under paragraph (1), the 

20 Secretary shall consider including the following: 

21 ‘‘(A) The Department’s efforts to under22 take research to improve the Department’s un23 derstanding of the risk of radical Islamist ter24 rorism and to identify ways to improve coun25 tering radical Islamist terrorism activities and 


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1 programs, including outreach, training, and in2 formation sharing programs. 

3 ‘‘(B) The opportunities and challenges as4 sociated with the establishment of the counter5 messaging program described in subsection 

6 (d)(3) that leverages emerging and existing so7 cial media and Internet platforms to directly 

8 and indirectly counter radical Islamist terrorist 

9 propaganda. 

10 ‘‘(C) The Department’s nondiscrimination 

11 policies, as such policies relate to countering 

12 radical Islamist terrorism. 

13 ‘‘(D) The Department’s efforts to help pro14 mote community engagement and partnerships 

15 to counter radical Islamist terrorism in further16 ance of such strategy. 

17 ‘‘(E) The Department’s efforts to help in18 crease support for programs and initiatives to 

19 counter radical Islamist terrorism of other Fed20 eral, State, local, tribal, territorial, non-govern21 mental, and foreign partners that are in fur22 therance of such strategy, and which adhere to 

23 all relevant constitutional, legal, and privacy 

24 protections. 


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1 ‘‘(F) The Department’s efforts to dissemi2 nate to local law enforcement and the general 

3 public information on resources, such as train4 ing guidance, workshop reports, and the radical 

5 Islamist terrorism threat, through multiple plat6 forms, including the development of a dedicated 

7 Web page, and information regarding the effec8 tiveness of such efforts. 

9 ‘‘(G) The Department’s efforts to use co10 operative agreements with State, local, tribal, 

11 territorial, and other Federal departments and 

12 agencies responsible for efforts relating to coun13 tering radical Islamist terrrorism, and informa14 tion regarding the effectiveness of such efforts. 

15 ‘‘(H) Information on oversight mechanisms 

16 and protections to ensure that activities and 

17 programs undertaken pursuant to such strategy 

18 adhere to all relevant constitutional, legal, and 

19 privacy protections. 

20 ‘‘(I) The Department’s efforts to conduct 

21 oversight of all countering radical Islamist ter22 rorism training and training materials and 

23 other resources developed or funded by the De24 partment. 


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1 ‘‘(J) The Department’s efforts to foster 

2 transparency by making, to the extent prac3 ticable, all regulations, guidance, documents, 

4 policies, and training materials publicly avail5 able, including through any Web page developed 

6 under subparagraph (F). 

7 ‘‘(4) STRATEGIC IMPLEMENTATION PLAN.—Not 

8 later than 90 days after the submission of the strat9 egy required under this subsection, the Secretary 

10 shall submit to the Committee on Homeland Secu11 rity of the House of Representatives and the Com12 mittee on Homeland Security and Governmental Af13 fairs of the Senate an implementation plan for each 

14 of the components and offices of the Department 

15 with responsibilities under such strategy. Such im16 plementation plan shall, at a minimum, include an 

17 integrated master schedule and cost estimate for ac18 tivities and programs contained in such implementa19 tion plan, with specificity on how each such activity 

20 and program aligns with near-term, mid-term, and 

21 long-term goals specified in such strategy. 

22 ‘‘(h) ANNUAL REPORTS.—The Assistant Secretary 

23 for Partnerships to Prevent Terrorism shall submit to 

24 Congress an annual report for each of the next five fiscal 

25 years (beginning in the fiscal year that begins after the 


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1 date of the enactment of this section) on the Office for 

2 Partnerships to Prevent Terrorism. Each such report shall 

3 include the following: 

4 ‘‘(1) A description of the status of the pro5 grams and policies of the Department for countering 

6 radical Islamist terrorism, including the budget of 

7 the Department for countering radical Islamist ter8 rorism and the number of full-time employees of the 

9 Department dedicated to countering radical Islamist 

10 terrorism programs, as well as the number of part11 time employees of the Department supporting coun12 tering radical Islamist terrorism programs. Each 

13 such budget shall include an accounting of all fund14 ing amounts for all departmental programs, initia15 tives, and personnel related to countering radical 

16 Islamist terrorism. 

17 ‘‘(2) A description of the activities of the Office 

18 to cooperate with and provide assistance to other 

19 Federal departments and agencies. 

20 ‘‘(3) The qualitative and quantitative outcome21 based metrics under subparagraph (E) of subsection 

22 (g)(2) used for evaluating the success of such pro23 grams and policies and the steps taken to evaluate 

24 the success of such programs and policies. 


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1 ‘‘(4) A detailed summary of the organizations 

2 with which the Department conducted outreach to 

3 discuss countering radical Islamist terrorism, an ac4 counting of grants awarded by the Department to 

5 counter radical Islamist terrorism, and an account6 ing of all training specifically aimed at countering 

7 radical Islamist terrorism sponsored by the Depart8 ment. 

9 ‘‘(5) Details of the optimal level of personnel 

10 and funding for the Office for Partnerships to Pre11 vent Terrorism. 

12 ‘‘(6) An analysis of how the Department’s ac13 tivities to counter radical Islamist terrorism cor14 respond and adapt to the threat environment. 

15 ‘‘(7) A summary of how civil rights and civil 

16 liberties are protected in the Department’s activities 

17 to counter radical Islamist terrorism. 

18 ‘‘(8) An evaluation of the grant program under 

19 subsection (f), including information on the effective20 ness of such grants in countering radical Islamist 

21 terrorism. 

22 ‘‘(9) A description of how the Office incor23 porated lessons learned from the countering radical 

24 Islamist terrorism programs and policies of other 

25 Foreign departments and agencies, as well as forVerDate Sep 11 2014 20:29 Jul 01, 2016 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5611.IH H5611

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1 eign, State, local, tribal, and territorial governments 

2 and stakeholder communities. 

3 ‘‘(i) VIOLENT EXTREMIST ACTIVITIES DEFINED.—In 

4 this section, the term ‘violent extremist activities’ means 

5 ideologically motivated international terrorism or domestic 

6 terrorism, as such terms are defined in section 2331 of 

7 title 18, United States Code. 

8 ‘‘(j) AUTHORIZATION OF FUNDING.— 

9 ‘‘(1) THE OFFICE FOR PARTNERSHIPS TO PRE10 VENT TERRORISM.—Out of funds made available to 

11 the Office of the Secretary, $4,000,000 is authorized 

12 to be used for an the Office for Partnerships to Pre13 vent Terrorism for each of fiscal years 2017 through 

14 2021. 

15 ‘‘(2) GRANT PROGRAM.—Out of funds made 

16 available for emergent threats from radical Islamist 

17 terrorism and from complex, coordinated terrorist 

18 attacks, $10,000,000 is authorized until September 

19 30, 2017, to carry out the grant program under sub20 section (f). 

21 ‘‘(k) SUNSET.—This section shall terminate on Sep22 tember 30, 2021. 

23 ‘‘(l) SENSE OF CONGRESS.—It is the sense of Con24 gress that nothing in this section should be construed to 


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1 limit or abridge any rights or civil liberties under the Con2 stitution of any person.’’. 

3 (c) STUDY RELATING TO RADICALIZATION AND RAD4 ICAL ISLAMIST TERRORISM.—Not later than 120 days 

5 after the date of the enactment of this Act, the Secretary 

6 of Homeland Security shall issue a request for a proposal 

7 for a two year peer-reviewed longitudinal study applying 

8 generally accepted social science research methods to aid 

9 the Department of Homeland Security in developing a bet10 ter understanding of radicalization that results in radical 

11 Islamist terrorism and advancing evidence-based strate12 gies for effective intervention and prevention. 

13 (d) CLERICAL AMENDMENT.—The table of contents 

14 in section 1(b) of such Act is amended by inserting after 

15 the item relating to section 103 the following new item: 

‘‘Sec. 104. Office for an the Office for Partnerships to Prevent Terrorism.’’. 

16 SEC. 3. EXERCISE ON TERRORIST AND FOREIGN FIGHTER 

17 TRAVEL. 

18 (a) IN GENERAL.—In addition to, or as part of exer19 cise programs currently carried out by the Department of 

20 Homeland Security, to enhance domestic preparedness for 

21 and collective response to terrorism, promote the dissemi22 nation of homeland security information, and test the se23 curity posture of the United States, the Secretary of 

24 Homeland Security, through appropriate offices and com25 ponents of the Department and in coordination with the 


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1 relevant Federal departments and agencies, shall, not later 

2 than one year after the date of the enactment of this Act, 

3 develop and conduct an exercise related to the terrorist 

4 and foreign fighter threat. 

5 (b) EXERCISE REQUIREMENTS.—The exercise re6 quired under subsection (a) shall include— 

7 (1) a scenario involving— 

8 (A) persons traveling from the United 

9 States to join or provide material support or re10 sources to a terrorist organization abroad; and 

11 (B) terrorist infiltration into the United 

12 States, including United States citizens and for13 eign nationals; and 

14 (2) coordination with appropriate Federal de15 partments and agencies, foreign governments, and 

16 State, local, tribal, territorial, and private sector 

17 stakeholders. 

18 (c) REPORT.—Not later than 60 days after the com19 pletion of the exercise required under subsection (a), the 

20 Secretary of Homeland Security shall, consistent with the 

21 protection of classified information, submit an after-action 

22 report to the Committee on Homeland Security of the 

23 House of Representatives and the Committee on Home24 land Security and Governmental Affairs of the Senate pre25 senting the initial findings of such exercise, including any 


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1 identified or potential vulnerabilities in United States de2 fenses and any legislative changes requested in light of 

3 the findings. The report shall be submitted in unclassified 

4 form, but may include a classified annex. 

5 (d) PROHIBITION ON ADDITIONAL FUNDING.—No 

6 additional funds are authorized to be appropriated to 

7 carry out this section. 

8 (e) DEFINITION.—In this section, the term ‘‘material 

9 support or resources’’ has the meaning given such term 

10 in section 2339A of title 18, United States Code. 

11 SEC. 4. EMERGING THREATS IN THE NATIONAL EXERCISE 

12 PROGRAM. 

13 Subparagraph (A) of section 648(b)(2) of the Post14 Katrina Emergency Management Reform Act of 2006 (6 

15 U.S.C. 748(b)(2)) is amended— 

16 (1) in clause (v), by striking ‘‘and’’ at the end; 

17 and 

18 (2) by adding after clause (vi) the following new 

19 clause: 

20 ‘‘(vii) designed, to the extent prac21 ticable, to include exercises addressing 

22 emerging terrorist threats, such as sce23 narios involving United States citizens de24 parting the United States to enlist with or 

25 provide material support or resources to 


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1 terrorist organizations abroad or terrorist 

2 infiltration into the United States, includ3 ing United States citizens and foreign na4 tionals; and’’. 

5 SEC. 5. GRANTING THE ATTORNEY GENERAL THE AUTHOR6 ITY TO DENY THE SALE, DELIVERY, OR 

7 TRANSFER OF FIREARMS OR EXPLOSIVES TO 

8 KNOWN OR SUSPECTED TERRORISTS. 

9 (a) IN GENERAL.—Section 922(t) of title 18, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘(7)(A) When the Attorney General is notified of a 

13 request to transfer a firearm or an explosive to a person 

14 who is being, or has been investigated during the previous 

15 5 years, as a known or suspected terrorist, the Attorney 

16 General shall, as appropriate, notify relevant Federal, 

17 State, or local law enforcement agencies or intelligence 

18 agencies concerning the identity of the prospective trans19 feree. 

20 ‘‘(B) Upon being notified of a prospective transfer of 

21 a firearm or an explosive to a person who is being inves22 tigated as a known or suspected terrorist, the Attorney 

23 General or the United States attorney for the district in 

24 which the licensee is located may— 


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1 ‘‘(i) delay the transfer of the firearm or explo2 sive for a period not to exceed 3 business days; and 

3 ‘‘(ii) file an emergency petition in a court of 

4 competent jurisdiction to prohibit the transfer of the 

5 firearm or explosive, which petition shall receive the 

6 highest priority on the docket of that court. 

7 ‘‘(C)(i) An emergency petition filed under subpara8 graph (B) shall be granted upon a showing of probable 

9 cause to believe that the prospective transferee will commit 

10 an act of terrorism, or is prohibited from possessing or 

11 receiving a firearm under subsection (g) or (n). 

12 ‘‘(ii) An emergency petition filed under subparagraph 

13 (B) to prohibit the transfer of a firearm or explosive may 

14 be granted only after a hearing— 

15 ‘‘(I) of which the prospective transferee receives 

16 actual notice; and 

17 ‘‘(II) at which the prospective transferee has an 

18 opportunity to participate with counsel. 

19 ‘‘(iii) In the case of an emergency petition filed under 

20 subparagraph (B) which is denied, the court shall require 

21 that the United States pay the costs and attorney fees 

22 of the prospective transferee.’’. 

23 (b) RULE OF CONSTRUCTION.—The amendments 

24 made by this section do not preclude the Attorney General 

25 from arresting and detaining a person, including a person 


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1 described in section 922(t)(7) of title 18, United States 

2 Code, with regard to whom an emergency petition has 

3 been filed under such paragraph, if the Attorney General 

4 has probable cause to believe that the person has com5 mitted, conspired to commit, or attempted to commit an 

6 act of terrorism. 

7 SEC. 6. ANNUAL REVIEW OF TERRORIST SCREENING DATA8 BASE. 

9 The Director of the Federal Bureau of Investigation 

10 shall, on an annual basis, review the individuals identified 

11 in the terrorist screening database (as such term is de12 fined in section 2101(10) of the Homeland Security Act 

13 of 2002 (6 U.S.C. 621(10))), and determine whether each 

14 such identification is appropriate. 

15 SEC. 7. DENIAL, LIMITATION, AND REVOCATION OF PASS16 PORTS AND PASSPORT CARDS TO INDIVID17 UALS AFFILIATED WITH FOREIGN TER18 RORIST ORGANIZATIONS. 

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

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

21 July 3, 1926 (22 U.S.C. 211a et seq.), commonly known 

22 as the ‘‘Passport Act of 1926’’, is amended by adding at 

23 the end the following new section: 


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1 ‘‘SEC. 4. AUTHORITY TO DENY, LIMIT, OR REVOKE PASS2 PORTS AND PASSPORT CARDS TO INDIVID3 UALS AFFILIATED WITH FOREIGN TER4 RORIST ORGANIZATIONS. 

5 ‘‘(a) INELIGIBILITY.— 

6 ‘‘(1) ISSUANCE.—Except as provided in sub7 section (b), the Secretary of State may not issue a 

8 passport or passport card to any individual whom 

9 the Secretary has determined— 

10 ‘‘(A) is a member of or is otherwise affili11 ated with an organization the Secretary has 

12 designated as a foreign terrorist organization 

13 pursuant to section 219 of the Immigration and 

14 Nationality Act (8 U.S.C. 1189); or 

15 ‘‘(B) has aided, abetted, or provided mate16 rial support to such an organization. 

17 ‘‘(2) REVOCATION.—Except as provided in sub18 section (b), the Secretary of State shall revoke a 

19 passport or passport card previously issued to any 

20 individual described in paragraph (1). 

21 ‘‘(b) EXCEPTIONS.— 

22 ‘‘(1) EMERGENCY CIRCUMSTANCES, HUMANI23 TARIAN REASONS, AND LAW ENFORCEMENT PUR24 POSES.—Notwithstanding paragraphs (1) and (2) of 

25 subsection (a), the Secretary of State may issue or 

26 decline to revoke a passport or passport card, in 


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1 emergency circumstances, for humanitarian reasons, 

2 or for law enforcement purposes, to an individual de3 scribed in paragraph (1) of such subsection. 

4 ‘‘(2) LIMITATION FOR RETURN TO UNITED

5 STATES.—Notwithstanding subsection (a)(2), the 

6 Secretary of State, before revocation, shall— 

7 ‘‘(A) limit a previously issued passport or 

8 passport card only for return travel to the 

9 United States; or 

10 ‘‘(B) issue a limited passport or passport 

11 card that only permits return travel to the 

12 United States. 

13 ‘‘(c) RIGHT OF REVIEW.—Any person who, in accord14 ance with this section, is denied issuance of a passport 

15 or passport card by the Secretary of State, or whose pass16 port or passport card is revoked or otherwise limited by 

17 the Secretary of State, may request a hearing before the 

18 Secretary not later than 60 days after receiving notice of 

19 such denial, revocation, or limitation. 

20 ‘‘(d) REPORT.—If the Secretary of State issues, lim21 its, or declines to revoke a passport or passport card in 

22 accordance with subsection (b), the Secretary shall, not 

23 later than 30 days after any such action, submit to Con24 gress a report on such action.’’. 

Æ 


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