Revoking the Passports of Members & Affiliates of Foreign Terrorist Organizations (H.R. 145)

What is H.R. 145?

(Updated April 4, 2020)

This bill would amend the Passport Act of 1926 to prohibit the Secretary of State from issuing a passport or passport card to any member, affiliate, or supporter of a foreign terrorist organization.

People who fit the above criteria could also have a passport or passport card that they already have revoked that by the Secretary of State. Before revoking the passport, the Secretary would be authorized to:

• Limit a previously issued passport or passport card only for return travel to the U.S.

• Issue a limited passport or passport card that only permits return travel to the U.S.

Persons whose passports are revoked, denied, or limited would have the ability to seek a review by the State Department within 60 days of receiving the notice.

Exceptions could be made in emergencies or for humanitarian reasons allowing for the issuance of a passport or passport card.

Argument in favor

Revoking the U.S. passport of someone who has joined or supported a terrorist group will keep America safe, and making their passport only valid for travel back into the U.S. will bring them right into the hands of law enforcement.

Argument opposed

Potential terrorists will try to workaround having their passports revoked by obtaining falsified passports. And, if the would-be terrorists have second thoughts, revoking their passports may cut off their only way to escape.

Impact

People holding U.S. passports who have joined, aided, or are affiliated with a foreign terrorist organization; the State Department and the Secretary of State.

Cost of H.R. 145

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Jeff Duncan (R-SC) introduced this bill, along with seven others, on the first day of the 116th Congress in order to address a number of his constituents' concerns:

"We must protect our homeland and bring violent and radical terrorists to justice. One way to do this is by authorizing the revocation or denial of U.S. passports and passport cards to individuals affiliated with foreign terrorist organizations (FTO). Through this legislation, the Secretary of State can refuse to issue a passport to an individual who has aided, assisted, abetted, or helped a foreign terrorist organization determined by the Secretary. This bill is critical to helping law enforcement locate these terrorists and ensuring radical extremists don’t threaten our way of life at home.”

Rep. Ted Poe (R-TX) introduced this in the previous Congress bill to allow for the revocation, denial, or limitation of passports of American citizens who are affiliated with foreign terrorist organizations:

"This bill will help law enforcement locate these individuals by preventing them from traveling internationally so that they can be captured and brought to justice. Most importantly, this legislation will prevent turned Americans from entering the United States undetected.  These people are not returning to America to open coffee shops; they are coming back to kill. We must stop them from coming back at all."

The Brookings Institution estimated that as of September 2014 there were more than 100 Americans who joined extremist groups fighting in Iraq and Syria. It is speculated that about 12 of them have joined ISIS. In April 2015, six people in Minnesota and San Diego were arrested by the FBI for attempting to secure falsified passports and travel to Syria, with intentions to join ISIS.