Title: Expatriate Terrorist Act
Policy area: Immigration

Summary:
Expatriate Terrorist Act
This bill amends the Immigration and Nationality Act to include among the grounds for loss of U.S. nationality by a native-born or naturalized citizen:
The Passport Act of 1926 is amended to:
A person who is denied issuance of a passport or passport card or whose passport or passport card is revoked or otherwise restricted may request a due process hearing not later than 60 days after receiving notice of the nonissuance, revocation, or restriction.
The State Department may issue a passport or passport card to, or refuse to revoke a passport or passport card from, an individual if such issuance or refusal to revoke is in U.S. national security interests.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 361 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 361

  To amend section 349 of the Immigration and Nationality Act to deem 
 specific activities in support of terrorism as renunciation of United 
              States nationality, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2017

   Mr. Cruz (for himself, Mr. Grassley, and Mr. Lee) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend section 349 of the Immigration and Nationality Act to deem 
 specific activities in support of terrorism as renunciation of United 
              States nationality, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expatriate Terrorist Act''.

SEC. 2. LOSS OF NATIONALITY DUE TO SUPPORT OF TERRORISM.

    Section 349(a) of the Immigration and Nationality Act (8 U.S.C. 
1481(a)) is amended to read as follows:
    ``(a) In General.--A person who is a national of the United States, 
whether by birth or by naturalization, shall lose his or her 
nationality by voluntarily performing any of the following acts with 
the intention of relinquishing United States nationality:
            ``(1) Obtaining naturalization in a foreign state upon his 
        or her own application or upon an application filed by a duly 
        authorized agent, after having attained 18 years of age.
            ``(2) Taking an oath or making an affirmation or other 
        formal declaration of allegiance to a foreign state, a 
        political subdivision thereof, or an organization designated as 
        a foreign terrorist organization under section 219, after 
        having attained 18 years of age.
            ``(3) Entering, or serving in, the armed forces of a 
        foreign state or an organization designated as a foreign 
        terrorist organization under section 219 if--
                    ``(A) such armed forces are engaged in hostilities 
                against the United States; or
                    ``(B) such person serves as a commissioned or 
                noncommissioned officer.
            ``(4) Accepting, serving in, or performing the duties of 
        any office, post, or employment under the government of a 
        foreign state, a political subdivision thereof, or an 
        organization designated as a foreign terrorist organization 
        under section 219 if, after having attained 18 years of age--
                    ``(A) the person knowingly has or acquires the 
                nationality of such foreign state; or
                    ``(B) an oath, affirmation, or declaration of 
                allegiance to the foreign state, a political 
                subdivision thereof, or a designated foreign terrorist 
                organization is required for such office, post, or 
                employment.
            ``(5) Making a formal renunciation of United States 
        nationality before a diplomatic or consular officer of the 
        United States in a foreign state, in such form as may be 
        prescribed by the Secretary of State.
            ``(6) Making in the United States a formal written 
        renunciation of nationality in such form as may be prescribed 
        by, and before such officer as may be designated by, the 
        Attorney General, while the United States is in a state of war 
        and the Attorney General approves such renunciation as not 
        contrary to the interests of national defense.
            ``(7)(A) Committing any act of treason against, or 
        attempting by force to overthrow, or bearing arms against, the 
        United States;
            ``(B) violating or conspiring to violate any provision of 
        section 2383 of title 18, United States Code;
            ``(C) willfully performing any act in violation of section 
        2385 of such title; or
            ``(D) violating section 2384 of such title by engaging in a 
        conspiracy to overthrow, put down, or to destroy by force the 
        Government of the United States, or to levy war against the 
        United States,
        if such person is convicted of such crime by a court martial or 
        by a court of competent jurisdiction.
            ``(8) Knowingly providing material support or resources (as 
        described in section 2339A(b) of title 18, United States Code) 
        to any organization designated as a foreign terrorist 
        organization under section 219 if such person knows that such 
        organization is engaged in hostilities against the United 
        States.''.

SEC. 3. REVOCATION OR DENIAL OF PASSPORTS AND PASSPORT CARDS TO 
              INDIVIDUALS WHO ARE MEMBERS OF FOREIGN TERRORIST 
              ORGANIZATIONS.

    The Act entitled ``An Act to regulate the issue and validity of 
passports, and for other purposes'', approved July 3, 1926 (22 U.S.C. 
211a et seq.), which is commonly known as the ``Passport Act of 1926'', 
is amended by adding at the end the following:

``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND PASSPORT CARD.

    ``(a) Ineligibility.--
            ``(1) Issuance.--The Secretary of State may not issue a 
        passport or passport card to any individual whom the Secretary 
        has determined, by a preponderance of the evidence--
                    ``(A) is serving in, or is attempting to serve in, 
                an organization designated by the Secretary as a 
                foreign terrorist organization pursuant to section 219 
                of the Immigration and Nationality Act (8 U.S.C. 1189); 
                and
                    ``(B) is a threat to the national security interest 
                of the United States.
            ``(2) Revocation.--The Secretary of State shall revoke a 
        passport or passport card previously issued to any individual 
        described in paragraph (1).
    ``(b) Right of Review.--Any person who, in accordance with this 
section, is denied issuance of a passport or passport card by the 
Secretary of State, or whose passport or passport card is revoked or 
otherwise restricted by the Secretary of State, may request a due 
process hearing, under regulations prescribed by the Secretary, not 
later than 60 days after receiving such notice of such nonissuance, 
revocation, or restriction.
    ``(c) National Security Waiver.--Notwithstanding subsection (a), 
the Secretary may--
            ``(1) issue a passport or passport card to an individual 
        described in subsection (a)(1); or
            ``(2) refuse to revoke a passport or passport card of an 
        individual described in subsection (a)(1),
if the Secretary finds that such issuance or refusal to revoke is in 
the national security interest of the United States.''.

SEC. 4. CONFORMING AMENDMENT.

    Section 351(b) of the Immigration and Nationality Act (8 U.S.C. 
1483(b)) is amended by striking ``(3) and (5)'' and inserting ``(3), 
(5), and (8)''.
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