I 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 For- eign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Expatriate Terrorist 4 Act’’. 5 VerDate Sep 11 2014 05:05 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H774.IH H774 kjohnson on DSK79L0C42 with BILLS 2 •HR 774 IH SEC. 2. LOSS OF NATIONALITY DUE TO SUPPORT OF TER- 1 RORISM. 2 Section 349(a) of the Immigration and Nationality 3 Act (8 U.S.C. 1481(a)) is amended to read as follows: 4 ‘‘(a) IN GENERAL.—A person who is a national of 5 the United States whether by birth or naturalization, shall 6 lose his or her nationality by voluntarily performing any 7 of the following acts with the intention of relinquishing 8 United States nationality: 9 ‘‘(1) Obtaining naturalization in a foreign state 10 upon his or her own application or upon an applica- 11 tion filed by a duly authorized agent, after having 12 attained 18 years of age. 13 ‘‘(2) Taking an oath or making an affirmation 14 or other formal declaration of allegiance to a foreign 15 state, a political subdivision thereof, or a foreign ter- 16 rorist organization designated under section 219, 17 after having attained 18 years of age. 18 ‘‘(3) Entering, or serving in, the armed forces 19 of a foreign state or a foreign terrorist organization 20 designated under section 219 if— 21 ‘‘(A) such armed forces are engaged in 22 hostilities against the United States; or 23 ‘‘(B) such persons serve as a commissioned 24 or noncommissioned officer. 25 VerDate Sep 11 2014 05:05 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H774.IH H774 kjohnson on DSK79L0C42 with BILLS 3 •HR 774 IH ‘‘(4) Becoming a member of, or providing train- 1 ing or material assistance to, any foreign terrorist 2 organization designated under section 219. 3 ‘‘(5) Accepting, serving in, or performing the 4 duties of any office, post, or employment under the 5 government of a foreign state, a political subdivision 6 thereof, or a foreign terrorist organization des- 7 ignated under section 219 if— 8 ‘‘(A) the person knowingly has or acquires 9 the nationality of such foreign state; or 10 ‘‘(B) an oath, affirmation, or declaration 11 of allegiance to the foreign state, political sub- 12 division, or designated foreign terrorist organi- 13 zation is required for such office, post, or em- 14 ployment. 15 ‘‘(6) Making a formal renunciation of United 16 States nationality before a diplomatic or consular of- 17 ficer of the United States in a foreign state, in such 18 form as may be prescribed by the Secretary of State. 19 ‘‘(7) Making in the United States a formal 20 written renunciation of nationality in such form as 21 may be prescribed by, and before such officer as 22 may be designated by, the Attorney General, when- 23 ever the United States shall be in a state of war and 24 the Attorney General shall approve such renunci- 25 VerDate Sep 11 2014 05:05 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H774.IH H774 kjohnson on DSK79L0C42 with BILLS 4 •HR 774 IH ation as not contrary to the interests of national de- 1 fense. 2 ‘‘(8)(A) Committing any act of treason against, 3 or attempting by force to overthrow, or bearing arms 4 against, the United States; 5 ‘‘(B) violating or conspiring to violate any of 6 the provisions of section 2383 of title 18, United 7 States Code; 8 ‘‘(C) willfully performing any act in violation of 9 section 2385 of title 18, United States Code; or 10 ‘‘(D) violating section 2384 of such title by en- 11 gaging in a conspiracy to overthrow, put down, or to 12 destroy by force the Government of the United 13 States, or to levy war against them, 14 if and when such person is convicted thereof by a 15 court martial or by a court of competent jurisdic- 16 tion.’’. 17 SEC. 3. REVOCATION OR DENIAL OF PASSPORTS AND PASS- 18 PORT CARDS TO INDIVIDUALS WHO ARE 19 MEMBERS OF FOREIGN TERRORIST ORGANI- 20 ZATIONS. 21 The Act entitled ‘‘An Act to regulate the issue and 22 validity of passports, and for other purposes’’, approved 23 July 3, 1926 (22 U.S.C. 211a et seq.), which is commonly 24 VerDate Sep 11 2014 05:05 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H774.IH H774 kjohnson on DSK79L0C42 with BILLS 5 •HR 774 IH known as the ‘‘Passport Act of 1926’’, is amended by add- 1 ing at the end the following: 2 ‘‘SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND 3 PASSPORT CARD. 4 ‘‘(a) INELIGIBILITY.— 5 ‘‘(1) ISSUANCE.—The Secretary of State shall 6 not issue a passport or passport card to any indi- 7 vidual whom the Secretary has determined is a 8 member, or is attempting to become a member, of 9 an organization the Secretary has designated as a 10 foreign terrorist organization pursuant to section 11 219 of the Immigration and Nationality Act (8 12 U.S.C. 1189). 13 ‘‘(2) REVOCATION.—The Secretary of State 14 shall revoke a passport or passport card previously 15 issued to any individual described in paragraph (1). 16 ‘‘(b) RIGHT OF REVIEW.—Any person who, in ac- 17 cordance with this section, is denied issuance of a passport 18 or passport card by the Secretary of State, or whose pass- 19 port or passport card is revoked or otherwise restricted 20 by the Secretary of State, may request a due process hear- 21 ing not later than 60 days after receiving such notice of 22 the nonissuance, revocation, or restriction.’’. 23 Æ VerDate Sep 11 2014 05:05 Feb 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H774.IH H774 kjohnson on DSK79L0C42 with BILLS