[Congressional Record Volume 162, Number 88 (Monday, June 6, 2016)]
[Senate]
[Page S3469]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4447. Mr. CRUZ (for himself, Mr. Grassley, and Mr. Lee) submitted
an amendment intended to be proposed by him to the bill S. 2943, to
authorize appropriations for fiscal year 2017 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle I of title X, add the following:
SEC. 1097. CONSEQUENCES FOR SUPPORTING TERRORISM.
(a) Short Title.--This section may be cited as the
``Expatriate Terrorist Act''.
(b) 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) 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, 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, 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.
``(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 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.
``(8) Knowingly providing material support or resources (as
defined in section 2339A(b) of title 18, United States Code)
to any foreign terrorist organization designated under
section 219 if such person knows that such organization is
engaged in hostilities against the United States.''.
(c) 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, 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 the 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.''.
(d) 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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