No Passports for Terrorists and Traffickers Act
- Bill Number
- H.R. 3860
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-06-10: Referred to the House Committee on Foreign Affairs.
- Last Updated
- 2025-09-22T15:51:57Z
AI-Generated Summary
Purpose
The "No Passports for Terrorists and Traffickers Act" (H.R. 3860) aims to enhance national security by authorizing the U.S. Department of State to deny or revoke passports for individuals who provide material support to foreign terrorist organizations (FTOs). This targets threats from terrorism while including safeguards for due process and humanitarian needs.
Key Provisions
- Ineligibility for Passports:
- The Secretary of State must refuse to issue a passport (including passport cards) to any individual who has been charged with or convicted of violating U.S. laws on providing material support to terrorists (sections 2339A or 2339B of title 18, U.S. Code, which cover support for terrorist acts or FTOs).
- Refusal also applies to individuals the Secretary determines have knowingly provided "material support" to an FTO designated under the Immigration and Nationality Act (section 219), such as financial aid, training, weapons, or transportation (excluding medicine or religious materials).
- Revocation of Existing Passports:
- Previously issued passports must be revoked for ineligible individuals, except in limited cases.
- Exceptions:
- Limited passports may be issued or restricted solely for returning to the United States.
- Waivers are allowed for emergency circumstances or humanitarian needs, such as medical emergencies.
- Appeal and Restoration Process:
- Affected individuals can request a hearing to appeal a denial or revocation within 60 days of notice.
- If acquitted of charges or if the Secretary reverses a determination of support, a passport can be reissued.
- Reporting Requirements:
- The Secretary must notify congressional committees (House Foreign Affairs and Senate Foreign Relations) within 30 days of any denial, revocation, issuance after appeal, or cancellation, with reports possibly classified.
- Definitions and Safeguards:
- "Material support" is broadly defined as any property, service, or assistance to an FTO.
- The law explicitly states it does not limit the Secretary's existing revocation powers or infringe on First Amendment rights (e.g., free speech).
- A severability clause ensures that if any part is ruled unconstitutional, the rest remains in effect.
Significant Changes to Existing Law
This bill amends the Passport Act of 1926 (22 U.S.C. 211a et seq.) by adding a new section that explicitly mandates passport denial or revocation for terrorism-related material support. Previously, passport restrictions existed for reasons like felony convictions or unpaid taxes, but this introduces a targeted, mandatory process for FTO affiliations, linking it directly to federal terrorism statutes (18 U.S.C. §§ 2339A, 2339B) and FTO designations. It expands the Secretary's authority while adding structured appeals and congressional oversight not previously specified for these cases.
Potential Impacts
- On Government Agencies: The Department of State will handle increased administrative burdens for investigations, denials, revocations, appeals, and congressional reports, potentially requiring more resources for intelligence coordination with agencies like the FBI or DHS.
- On Citizens: U.S. citizens or eligible individuals linked to FTOs (even without criminal charges) may lose international travel rights, affecting personal freedoms, family reunifications, or business, though exceptions mitigate stranding abroad.
- On International Relations: Could deter U.S. persons from supporting FTOs abroad, straining ties with nations hosting such groups, but strengthen alliances in counterterrorism efforts by signaling U.S. commitment to global security.
Main Stakeholders Affected
- Individuals Affiliated with FTOs: Primary targets, including U.S. citizens or residents who provide support, facing travel restrictions.
- U.S. Department of State: Responsible for implementation, determinations, and appeals.
- Congressional Committees: House Foreign Affairs and Senate Foreign Relations, receiving regular reports to oversee enforcement.
- Broader U.S. Public: Benefits from enhanced security but may face indirect effects if the law leads to broader scrutiny of international travel or affiliations.
- Counterterrorism Partners: International allies and organizations involved in FTO designations, indirectly supported by reduced U.S.-based material flows.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Introduces due process via appeals and restoration options, aligning with constitutional requirements, but determinations of "material support" could lead to litigation over evidence standards or vague affiliations.
- Constitutional Implications: Includes a specific protection against abridging First Amendment rights, addressing potential free speech challenges (e.g., distinguishing advocacy from actionable support), though courts may still test its application.
- Political Implications: Represents a bipartisan push for stronger counterterrorism tools in the 119th Congress, potentially influencing immigration and foreign policy debates by prioritizing security over unrestricted travel, without altering FTO designation processes.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (10)
Rep. Norman, Ralph [R-SC-5], Rep. Stutzman, Marlin A. [R-IN-3], Rep. Steube, W. Gregory [R-FL-17], Rep. McGuire, John J. [R-VA-5], Rep. McDowell, Addison P. [R-NC-6], Rep. Zinke, Ryan K. [R-MT-1], Rep. Moore, Barry [R-AL-1], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. DesJarlais, Scott [R-TN-4], Rep. Haridopolos, Mike [R-FL-8]
Recent Actions
- 2025-06-10: Referred to the House Committee on Foreign Affairs.
- 2025-06-10: Introduced in House
- 2025-06-10: Introduced in House
Bill Versions
- No Passports for Terrorists and Traffickers Act — issued 2025-06-10 — PDF (6 pages)