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