No Passports for Terrorists Act: New Rules Mandate Travel Ban for Material Support to FTOs

This bill, officially titled the “No Passports for Terrorists and Traffickers Act,” mandates that the Secretary of State must deny or revoke a U.S. passport or passport card if the applicant has been convicted of, or even charged with, providing material support to terrorists (under U.S. Code sections 2339A/2339B). Beyond formal charges, the law also requires the Secretary to pull or refuse a passport if they determine the person knowingly helped, assisted, or provided “material support” to any organization designated by the U.S. as a Foreign Terrorist Organization (FTO).

The Secretary’s New Power: Defining 'Material Support'

This is where things get interesting for policy watchers. The bill hands the Secretary of State significant new authority to make a determination that someone “knowingly helped” an FTO. “Material support” is defined broadly—it covers everything from money and training to lodging, false IDs, and transportation. Crucially, the bill explicitly carves out exceptions for medicine and religious materials, meaning providing those items, even to an FTO, wouldn't automatically trigger a passport denial. For the rest, the Secretary’s determination is the trigger, not necessarily a court conviction. This means someone could lose their passport based on an administrative finding, not just a criminal verdict, significantly restricting their ability to travel internationally for work or family.

The Real-World Impact: Travel and Due Process

For most people, the ability to travel internationally is a given, but this bill changes the calculus for anyone who might fall under the definition of providing material support. Imagine a scenario where someone provides transportation or lodging to an individual later determined to be affiliated with an FTO, and the Secretary determines this help was “knowing.” That person could face an immediate loss of their passport, effectively grounding them. The right to travel is a serious matter, and this bill restricts it based on an administrative determination, not solely a criminal conviction. While the bill does include a safeguard—the affected individual has the right to request a hearing and appeal the decision within 60 days—the initial action of denial or revocation is mandatory once the Secretary makes the determination.

Exceptions and Congressional Oversight

The law isn't a total travel ban. It includes two important exceptions: First, if a person’s passport is revoked while they are overseas, the Secretary can issue a limited passport or card specifically for the purpose of returning to the United States. Second, the Secretary retains the discretionary power to issue a passport even if the person is otherwise ineligible, provided there are emergency circumstances or humanitarian needs. This might apply to someone needing to travel for urgent medical care or a family emergency. Finally, to keep checks on this new authority, the Secretary must report to the House and Senate Foreign Affairs committees every time a passport is denied or revoked under these new rules, which at least ensures Congress is tracking how often and against whom this power is being used.