HR3860-119

1. Short title This Act may be cited as the No Passports for Terrorists and Traffickers Act.

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 new section: Subject to subsection (b), the Secretary of State shall refuse to issue a passport to any individual— has been charged with or convicted of a violation of section 2339A or 2339B of title 18, United States Code; or whom the Secretary determines has knowingly aided, assisted, abetted, or otherwise provided material support to 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). The Secretary of State shall, except as provided in paragraph (3)(A), revoke a passport previously issued to any individual described in paragraph (1). In order to facilitate the return of an individual described in paragraph (1) to the United States, the Secretary of State may limit a previously issued passport or passport card only for return travel to the United States, or may issue a limited passport or passport card that only permits return travel to the United States, prior to revocation under paragraph (2). The Secretary of State may issue a passport to an individual otherwise ineligible for such passport or subject to revocation of such passport under this subsection if the Secretary determines that emergency circumstances or humanitarian needs apply. Any individual who, in accordance with this section, is denied issuance of a passport by the Secretary of State, or whose passport is revoked by the Secretary, may request a hearing to appeal such denial or revocation not later than 60 days after receiving notice of such denial or revocation. In the event that an individual described in paragraph (1) demonstrates during a hearing described in subsection (b) that the individual has been acquitted of an act described in that paragraph, or the Secretary otherwise changes a determination described in subparagraph (B) of such paragraph, the Secretary may re-issue a passport to such individual. If the Secretary of State refuses to issue or revokes a passport pursuant to subsection (a), or if, subsequent to a hearing pursuant to subsection (b), the Secretary issues or cancels a revocation of a passport that was the subject of such a hearing, the Secretary shall, not later than 30 days after such refusal or revocation, or such issuance or cancellation, 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, revocation, issuance, or cancellation, as the case may be. The report submitted under paragraph (1) may be submitted in classified or unclassified form. In this section— the term passport includes a passport card; and the term material support means the provision of any property, tangible or intangible, or service— including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation; and excluding medicine or religious materials. Nothing in this section shall be construed— or applied so as to abridge the exercise of rights guaranteed under the first amendment to the Constitution of the United States; or to limit the Secretary’s ability to revoke a passport. If any provision of this section or the application of such provision is held by a Federal court to be unconstitutional, the remainder of this Act and the application of such provisions to any other person or circumstance shall not be affected. 4.Authority to deny or revoke passport to individuals providing material support for terrorism (a)Ineligibility (1)IssuanceSubject to subsection (b), the Secretary of State shall refuse to issue a passport to any individual— (A)has been charged with or convicted of a violation of section 2339A or 2339B of title 18, United States Code; or (B)whom the Secretary determines has knowingly aided, assisted, abetted, or otherwise provided material support to 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)RevocationThe Secretary of State shall, except as provided in paragraph (3)(A), revoke a passport previously issued to any individual described in paragraph (1). (3)Exceptions (A)Return to the United StatesIn order to facilitate the return of an individual described in paragraph (1) to the United States, the Secretary of State may limit a previously issued passport or passport card only for return travel to the United States, or may issue a limited passport or passport card that only permits return travel to the United States, prior to revocation under paragraph (2). (B)Humanitarian and emergency waiverThe Secretary of State may issue a passport to an individual otherwise ineligible for such passport or subject to revocation of such passport under this subsection if the Secretary determines that emergency circumstances or humanitarian needs apply. (b)Right of reviewAny individual who, in accordance with this section, is denied issuance of a passport by the Secretary of State, or whose passport is revoked by the Secretary, may request a hearing to appeal such denial or revocation not later than 60 days after receiving notice of such denial or revocation. (c)Right to restorationIn the event that an individual described in paragraph (1) demonstrates during a hearing described in subsection (b) that the individual has been acquitted of an act described in that paragraph, or the Secretary otherwise changes a determination described in subparagraph (B) of such paragraph, the Secretary may re-issue a passport to such individual. (d)Report (1)In generalIf the Secretary of State refuses to issue or revokes a passport pursuant to subsection (a), or if, subsequent to a hearing pursuant to subsection (b), the Secretary issues or cancels a revocation of a passport that was the subject of such a hearing, the Secretary shall, not later than 30 days after such refusal or revocation, or such issuance or cancellation, 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, revocation, issuance, or cancellation, as the case may be. (2)FormThe report submitted under paragraph (1) may be submitted in classified or unclassified form. (e)DefinitionIn this section— (1)the term passport includes a passport card; and (2)the term material support means the provision of any property, tangible or intangible, or service— (A)including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation; and (B)excluding medicine or religious materials. (f)Rule of constructionNothing in this section shall be construed— (1)or applied so as to abridge the exercise of rights guaranteed under the first amendment to the Constitution of the United States; or (2)to limit the Secretary’s ability to revoke a passport. (g)SeverabilityIf any provision of this section or the application of such provision is held by a Federal court to be unconstitutional, the remainder of this Act and the application of such provisions to any other person or circumstance shall not be affected..

4. Authority to deny or revoke passport to individuals providing material support for terrorism Subject to subsection (b), the Secretary of State shall refuse to issue a passport to any individual— has been charged with or convicted of a violation of section 2339A or 2339B of title 18, United States Code; or whom the Secretary determines has knowingly aided, assisted, abetted, or otherwise provided material support to 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). The Secretary of State shall, except as provided in paragraph (3)(A), revoke a passport previously issued to any individual described in paragraph (1). In order to facilitate the return of an individual described in paragraph (1) to the United States, the Secretary of State may limit a previously issued passport or passport card only for return travel to the United States, or may issue a limited passport or passport card that only permits return travel to the United States, prior to revocation under paragraph (2). The Secretary of State may issue a passport to an individual otherwise ineligible for such passport or subject to revocation of such passport under this subsection if the Secretary determines that emergency circumstances or humanitarian needs apply. Any individual who, in accordance with this section, is denied issuance of a passport by the Secretary of State, or whose passport is revoked by the Secretary, may request a hearing to appeal such denial or revocation not later than 60 days after receiving notice of such denial or revocation. In the event that an individual described in paragraph (1) demonstrates during a hearing described in subsection (b) that the individual has been acquitted of an act described in that paragraph, or the Secretary otherwise changes a determination described in subparagraph (B) of such paragraph, the Secretary may re-issue a passport to such individual. If the Secretary of State refuses to issue or revokes a passport pursuant to subsection (a), or if, subsequent to a hearing pursuant to subsection (b), the Secretary issues or cancels a revocation of a passport that was the subject of such a hearing, the Secretary shall, not later than 30 days after such refusal or revocation, or such issuance or cancellation, 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, revocation, issuance, or cancellation, as the case may be. The report submitted under paragraph (1) may be submitted in classified or unclassified form. In this section— the term passport includes a passport card; and the term material support means the provision of any property, tangible or intangible, or service— including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation; and excluding medicine or religious materials. Nothing in this section shall be construed— or applied so as to abridge the exercise of rights guaranteed under the first amendment to the Constitution of the United States; or to limit the Secretary’s ability to revoke a passport. If any provision of this section or the application of such provision is held by a Federal court to be unconstitutional, the remainder of this Act and the application of such provisions to any other person or circumstance shall not be affected.