Expatriate Terrorist Act

Bill: 115-s-361
Sponsor: full_name: Sen. Cruz, Ted [R-TX]
Introduced: 2017-02-13
Policy area: Immigration
Subjects: Administrative remedies

Citizenship and naturalization

Due process and equal protection

Terrorism

Visas and passports
Latest action: action_date: 2017-02-13
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2017-02-13
action_desc: Introduced in Senate
text: <p><strong>Expatriate Terrorist Act </strong></p> <p>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: </p> <ul> <li>taking an oath or making a declaration of allegiance to a foreign terrorist organization after attaining the age of 18; </li> <li>entering, or serving in, a foreign terrorist organization; </li> <li> accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state, a political subdivision, or a foreign terrorist organization after attaining the age of 18 if the person knowingly has or acquires the nationality of that foreign state, or if an oath, affirmation, or declaration of allegiance to the foreign state, political subdivision, or designated foreign terrorist organization is required for the office, post, or employment; and</li> <li> knowingly providing material support or resources to a foreign terrorist organization if the person knows that such organization is engaged in hostilities against the United States.</li> </ul> <p> The Passport Act of 1926 is amended to: </p> <ul> <li>prohibit the Department of State from issuing a passport or passport card to an individual who is serving in, or attempting to serve in, a foreign terrorist organization and is a threat to U.S. national security; and </li> <li>direct the State Department to revoke a passport or passport card previously issued to any such individual. </li> </ul> <p> 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.</p> <p> 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.</p>

tv_txt: II 115th CONGRESS 1st Session S. 361 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.

1. Short title This Act may be cited as the Expatriate Terrorist Act . 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. . 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: 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. . 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) .