Title: Expatriate Terrorist Act
Policy area: Immigration

Summary:
Expatriate Terrorist Act
This bill establishes that certain acts deemed to support terrorism shall be grounds to lose U.S. nationality. Such acts include voluntarily (1) making a formal declaration of allegiance to a foreign terrorist organization, (2) serving in such an organization's armed forces, or (3) providing training or material assistance to such an organization.
The Department of State shall not issue a passport to any individual who is a member or attempting to become a member of a foreign terrorist organization, and shall revoke any passport belonging to such an individual.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 774 Introduced in House (IH)]

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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.

    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 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 a foreign terrorist 
        organization designated under section 219, after having 
        attained 18 years of age.
            ``(3) Entering, or serving in, the armed forces of a 
        foreign state or a foreign terrorist organization designated 
        under section 219 if--
                    ``(A) such armed forces are engaged in hostilities 
                against the United States; or
                    ``(B) such persons serve as a commissioned or 
                noncommissioned officer.
            ``(4) Becoming a member of, or providing training or 
        material assistance to, any foreign terrorist organization 
        designated under section 219.
            ``(5) 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 a foreign 
        terrorist organization designated under section 219 if--
                    ``(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, political subdivision, 
                or designated foreign terrorist organization is 
                required for such office, post, or employment.
            ``(6) 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.
            ``(7) 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, whenever the United States shall be in a 
        state of war and the Attorney General shall approve such 
        renunciation as not contrary to the interests of national 
        defense.
            ``(8)(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 of the 
        provisions of section 2383 of title 18, United States Code;
            ``(C) willfully performing any act in violation of section 
        2385 of title 18, United States Code; 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 them,
        if and when such person is convicted thereof by a court martial 
        or by a court of competent jurisdiction.''.

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 shall not issue a 
        passport or passport card to any individual whom the Secretary 
        has determined is a member, or is attempting to become a 
        member, of an organization the Secretary has designated as a 
        foreign terrorist organization pursuant to section 219 of the 
        Immigration and Nationality Act (8 U.S.C. 1189).
            ``(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 not later than 60 days after receiving such notice of 
the nonissuance, revocation, or restriction.''.
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