[Congressional Record Volume 161, Number 114 (Tuesday, July 21, 2015)]
[House]
[Pages H5312-H5314]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FTO PASSPORT REVOCATION ACT OF 2015
Mr. ROYCE. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 237) to authorize the revocation or denial of passports and
passport cards to individuals affiliated with foreign terrorist
organizations, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 237
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 ``FTO Passport Revocation Act
of 2015''.
SEC. 2. REVOCATION OR DENIAL OF PASSPORTS TO INDIVIDUALS
AFFILIATED WITH 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.), 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.
``(a) Ineligibility.--
``(1) Issuance.--Except as provided under subsection (b),
the Secretary of State may refuse to issue a passport to any
individual whom the Secretary has determined has aided,
assisted, abetted, or otherwise helped 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 may revoke a
passport previously issued to any individual described in
paragraph (1).
``(b) Report.--
``(1) In general.--If the Secretary of State refuses to
issue or revokes a passport pursuant to subsection (a), the
Secretary shall, not later than 30 days after such refusal or
revocation, submit to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign
Relations of the Senate a report on such refusal or
revocation, as the case may be.
``(2) Form.--The report submitted under paragraph (1) may
be submitted in classified or unclassified form.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Royce) and the gentleman from Pennsylvania (Mr. Brendan
F. Boyle) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. ROYCE. Mr. Speaker, I ask unanimous consent that all Members have
5 days to revise and extend and to include extraneous materials on this
measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
International travel by terrorist recruits poses a deadly and growing
threat. It is estimated that ISIS alone has drawn 20,000 foreign
fighters into Syria and Iraq.
Extremist groups in Libya, Yemen, and elsewhere also draw foreigners
into their deadly campaigns. These include thousands of westerners,
primarily from Europe, but also a couple of hundred people from the
United States so far.
The threats are as real as today's headlines: British officials today
arrested a man for plotting attacks on U.S. military personnel there in
Britain and for planning to travel to Syria to join ISIS, along with
his uncle.
If they are successful in traveling, these foreign fighters receive
terrorist training and they hone their skills
[[Page H5313]]
there on the battlefield. Some have even appeared as executioners in
ISIS' gruesome propaganda videos. If they return home, hardened
fighters come back more hateful, certainly more deadly.
{time} 1745
The killing of four U.S. marines and one sailor in Chattanooga,
Tennessee, last Thursday; the attempted attack in Garland, Texas, in
May; and the 2013 Boston Marathon bombing all demonstrate that the
United States is not immune from lone wolf and small-scale attacks of
the type that ISIS and al Qaeda in the Arabian Peninsula continue to
call for.
Surprisingly, the statutory authority to prohibit such travel in
support of designated terrorist groups hasn't kept pace with the
threat. I want to thank the chairman of the Foreign Affairs
Subcommittee on Terrorism, Nonproliferation, and Trade, Judge Ted Poe
of Texas, for his work in introducing H.R. 237, the Foreign Terrorist
Organization Passport Revocation Act, as a critical countermeasure.
This bipartisan and commonsense bill grants the Secretary of State
the authority to refuse or revoke a passport to any individual whom the
Secretary determines has helped a designated foreign terrorist
organization in realizing its jihadist ambitions.
Such authority is not currently spelled out in statute, but depends
on interpretation of Federal regulations, and this legislation will
write it into permanent law.
Mr. Speaker, I would just note that the text before us today grants
permissive authority to the Secretary and, thus, the discretion to
avoid interfering with law enforcement or intelligence activities that
might be compromised if such a revocation were mandatory.
While we, of course, expect that the Secretary of State will exercise
this authority within the bounds of constitutional due process, the
bill also requires a report to Congress whenever such authority is used
to help ensure oversight and to provide transparency.
Individuals who actively support designated terrorist organizations
must be stopped from traveling abroad to learn how to kill Americans
and our allies. Spelling this out clearly in permanent law will help
prevent misguided individuals from getting further radicalized abroad,
which leads to terrorist attacks on the homeland.
Again, Mr. Speaker, I want to thank the gentleman from Texas (Mr.
Poe) and his 10 bipartisan cosponsors for their work in bringing the
bill forward, and this measure obviously deserves our support.
Mr. Speaker, I reserve the balance of my time.
House of Representatives,
Committee on the Judiciary,
Washington, DC, July 20, 2015.
Hon. Ed Royce,
Chairman, Committee on Foreign Affairs, Washington, DC.
Dear Chairman Royce: I am writing with respect to H.R. 237,
the ``FTO Passport Revocation Act of 2015,'' which was
referred to the Committee on Foreign Affairs.
As you know, H.R. 237 contains provisions that fall within
the Rule X jurisdiction of the Committee on the Judiciary. As
a result of your having consulted with the Committee and in
order to expedite the House's consideration of H.R. 237, the
Committee on the Judiciary will not assert is jurisdictional
claim over this bill by seeking a sequential referral.
However, this is conditional on our mutual understanding and
agreement that doing so will in no way diminish or alter the
jurisdiction of the Committee on the Judiciary with respect
to the appointment of conferees or to any future
jurisdictional claim over the subject matters contained in
the bill or similar legislation.
I would appreciate a response to this letter confirming
this understanding with respect to H.R. 237, and would ask
that a copy of our exchange of letters on this matter be
included in the Congressional Record during Floor
consideration of H.R. 237.
Sincerely,
Bob Goodlatte,
Chairman.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, July 20, 2015.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary, Washington, DC.
Dear Chairman Goodlatte: Thank you for consulting with the
Committee on Foreign Affairs on H.R. 237, the FTO Passport
Revocation Act of 2015, and, on the basis of agreed edits in
the suspension text of the bill, for agreeing to forgo a
sequential referral request so that it may proceed
expeditiously to the Floor.
I agree that your forgoing further action on this measure
does not in any way diminish or alter the jurisdiction of the
Committee on the Judiciary, or prejudice its jurisdictional
prerogatives on this bill or similar legislation in the
future.
I will seek to place our letters on H.R. 237 into our
Committee Report and into the Congressional Record during
floor consideration of the bill. I appreciate your
cooperation regarding this legislation and look forward to
continuing to work with the Committee on the Judiciary as
this measure moves through the legislative process.
Sincerely,
Edward R. Royce,
Chairman.
Mr. BRENDAN F. BOYLE of Pennsylvania. Mr. Speaker, I rise in strong
support of H.R. 237, as amended, and I yield myself such time as I may
consume.
Mr. Speaker, this legislation authorizes the Secretary of State to
deny the issuance of or revoke the passport of an individual who is
affiliated with or providing assistance to a designated foreign
terrorist organization.
I would like to thank the author of this legislation, the gentleman
from Texas (Mr. Poe), for his leadership on this issue and for working
with us in a bipartisan manner.
Mr. Speaker, as Chairman Royce said a few moments ago, this is a
commonsense bill. It is a reasonable step our government can take to
address the rise of the so-called Islamic State, or ISIS, while acting
within our authority to deny or revoke passports for those who are
affiliated with or are aiding, assisting, or abetting an organization
that the Secretary has designated as a foreign terrorist organization.
Whether you call them ISIS or ISIL or Daesh or their latest preferred
term, the Islamic State, one thing is quite clear: this organization
has captured large swaths of territory in Iraq and Syria with lethal
efficiency.
This brutal terrorist group has engaged in mass executions, targeted
religious minorities, raped and enslaved women, destroyed priceless
historical treasures, and effectively redrawn the borders of the Middle
East.
With its extensive propaganda efforts, including the sophisticated
use of social media, ISIS has recruited tens of thousands of foreign
fighters--reportedly more than 1,000 a month--including a significant
number from Europe as well as some, remarkably, from the United States.
Mr. Speaker, this flow of foreign fighters is a serious threat,
especially with U.S. passport holders among them. The Foreign Affairs
Committee has held hearings looking at the impact of ISIS and its use
of foreign fighters. Our colleagues and constituents alike are very
concerned about what might happen when these fighters return home,
radicalized by ISIS ideology and armed with the knowledge of
battlefield tactics.
H.R. 237, the FTO Passport Revocation Act, would address this problem
by authorizing the Secretary of State to deny passports to known
members or supporters of ISIS and other terrorist groups. It would
allow the Secretary to revoke the passports of those who have already
left the United States so they are unable to return and sow terror here
at home.
Mr. Speaker, the United States has a strong national security
interest in defeating ISIS. I support the various lines of effort to
counter the terrorist group, cracking down on ISIS' finances,
countering their propaganda efforts, and stopping the flow of foreign
fighters. To be clear, this legislation will not solve the problem of
foreign fighters in Iraq and Syria, but it is a sensible and important
step in the right direction.
Many of our coalition partners, including France, Britain, and
Australia, have already taken steps to restrict or revoke passports for
ISIS supporters. We must use all the tools at our disposal for
protection of our homeland.
Mr. Speaker, I urge my colleagues to support this legislation, and I
reserve the balance of my time.
Mr. ROYCE. Mr. Speaker, I yield 5 minutes to the gentleman from Texas
(Mr. Poe), the chairman of the Foreign Affairs Subcommittee on
Terrorism, Nonproliferation, and Trade and author of this important
legislation.
[[Page H5314]]
Mr. POE of Texas. Mr. Speaker, I want to thank Chairman Royce and
Ranking Member Engel. Also, I want to thank the cosponsors of this
legislation--as mentioned earlier, it is an equal number of Republicans
and Democrats--but especially Brad Sherman and William Keating on the
minority side.
Mr. Speaker, in 2015, the Director of National Intelligence, James
Clapper, said that 180 Americans have tried to go fight in Syria,
either for ISIS, Al Nusra, or some other Islamic extremist group. There
may be more; we don't know.
Americans citizens fighting for ISIS in Syria and Iraq are real,
dangerous threats to the United States. These individuals are receiving
training that makes them capable of sophisticated terrorist attacks,
and they put themselves under the command and control of leaders in
foreign places and leaders who want to attack the United States.
This is not unique to the United States. As the chairman has
mentioned earlier, the West--European countries--have this as a
tremendous problem where their citizens go and fight in Syria; they are
trained, and they come back and cause havoc in these countries in the
West.
It is not a hypothetical threat in the U.S., either. Moner Mohammad
Abusalha was the first American to carry out a suicide bomb attack in
Syria. Before he did so, he returned home to Florida as a fully trained
terrorist. Our government had absolutely no idea. He was also a card-
carrying member of al Qaeda, aligned to the Al Nusra front.
Fortunately, he did not carry out an attack on the United States, but
he could have.
Last September, ISIS announced a shift in strategy. Instead of using
Americans to win in Syria, it called upon Americans to attack the
United States after being trained in Syria. In an audiotape, one of
their leaders was heard saying: ``Rig the roads with explosives for
them. Attack their bases. Raid their homes. Cut off their heads.''
He is talking about Americans killing Americans who have been
radicalized by ISIS.
Earlier this year, Mr. Speaker, a 23-year-old Somali American man
from Columbus was indicted on charges of supporting terrorists. He was
trained in Syria and told by a cleric to go back to the United States
and carry out an attack. That is the first time we have caught someone
who was specifically told to go back home and attack the United States.
These traitors who have turned against America and joined the ranks
of foreign radical terrorist armies should not be allowed to come back
in to the United States, unless it is in handcuffs.
Mr. Speaker, H.R. 237, the Foreign Terrorist Organization Passport
Revocation Act, is a critical bill at a critical time. This bipartisan
bill grants the Secretary of State the authority to revoke or deny U.S.
passports of individuals who support designated foreign terrorist
organizations.
Mr. Speaker, the Supreme Court has ruled in Haig v. Agee that the
Secretary of State has the authority to revoke a passport when the
national security of the United States is threatened. We are not
talking about citizenship; we are talking about revocation of a
passport. This bill does not deal with the issue of citizenship.
Finally, Mr. Speaker, there is a due process available for those who
wish to challenge the Secretary of State's decision. Under existing
regulations, a person is entitled to a hearing within 60 days of
receiving notice that that passport is being revoked.
Foreign fighters are flowing into Iraq and Syria by the thousands.
Some of them are Americans. We must stop these outlaws from coming back
to the United States and committing crimes against us.
And that is just the way it is.
Mr. BRENDAN F. BOYLE of Pennsylvania. Mr. Speaker, I yield myself
such time as I may consume.
ISIS is absolutely a barbaric regime that cannot be negotiated with
and must be defeated. They literally want to return civilization back
centuries and centuries.
It is hard for me and I think it is hard for almost any American to
imagine what could possibly be going through the mind of a U.S. citizen
who would be attracted to go over there and make common cause with
ISIS.
Mr. Speaker, as the son of an immigrant who knows the sacrifices his
father and grandparents made to come to this country, the fact that
someone would actually jeopardize the most valuable thing they have,
their American citizenship and their U.S. passport, to join ISIS is
completely unfathomable.
We absolutely have to give our Secretary of State this authority.
ISIS sadly presents a real threat both abroad and at home. This is a
commonsense measure that we can take, and we must absolutely take it.
Mr. Speaker, I yield back the balance of my time.
Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
I will just quote the Bureau of Counterterrorism, Mr. Speaker. They
say that the rate of foreign terrorist fighter travel to Syria exceeded
the rate of foreign terrorist fighters that travel to Afghanistan,
Pakistan, Iraq, Yemen, or Somalia at any point in the last 20 years.
Individuals drawn to the conflict were diverse in their socioeconomic
and geographic backgrounds, highlighting the need for comprehensive
countermessaging and early engagement to dissuade vulnerable
individuals from traveling to join the conflict.
The bill before us today, Mr. Speaker, H.R. 237, is a necessary
addition to our national defense. It creates an important deterrent,
and it reduces the ability of terrorists to travel.
I, again, thank the subcommittee chairman, Mr. Poe, and the ranking
member, Mr. Keating of Massachusetts, and the bipartisan cosponsors of
the bill before us today.
Mr. Speaker, I ask for support of the measure, and I yield back
balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Royce) that the House suspend the rules
and pass the bill, H.R. 237, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________