22 U.S.C. § 2714 — Denial of passports to certain convicted drug traffickers
submitted 70 years ago by Pub. L. 100-690 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 534 words · no verdicts yet
A person convicted of specified Federal or State drug offenses cannot receive a passport during imprisonment or post-imprisonment supervision if the person used a passport or crossed an international border in committing the offense. The Secretary of State must revoke an existing passport, subject to emergency and humanitarian exceptions.
(a) Ineligibility for passport.
(1) General rule. A passport may not be issued to a person convicted of an offense described in subsection (b) during the period in subsection (c), if the person used a passport or otherwise crossed an international border while committing the offense.
(2) Passport revocation. The Secretary of State must revoke a passport already issued to a person who is ineligible under paragraph (1).
(b) Drug law offenses.
(1) Felonies. Subsection (a) applies to a person convicted of a Federal or State drug offense if the offense is a felony.
(2) Certain misdemeanors. Subsection (a) also applies to a person convicted of one Federal or State drug misdemeanor if the Secretary of State decides it should apply because of that offense. This paragraph does not apply to the person’s first misdemeanor conviction involving only possession of a controlled substance.
(c) Period of ineligibility. Subsection (a) applies while the person is imprisoned or legally required to be imprisoned because of the conviction, or is on parole or another supervised release after being imprisoned because of it.
(d) Emergency and humanitarian exceptions. Despite subsection (a), the Secretary of State may issue a passport in an emergency or for humanitarian reasons to a person to whom subsection (a) applies.
(e) Definitions. In this section:
(1) “Controlled substance” has the meaning in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(2) “Federal drug offense” means violating the Controlled Substances Act, the Controlled Substances Import and Export Act, another Federal law involving controlled substances, or subchapter II of chapter 53 of title 31 (commonly called the “Bank Secrecy Act”), section 1956 of title 18, or section 1957 of title 18 (commonly called the “Money Laundering Act”), if the Secretary of State decides the violation relates to illegal production of or trafficking in a controlled substance.
(3) “Felony” means a crime punishable by death or imprisonment for more than one year.
(4) “Imprisoned” means confined or otherwise restricted, full-time or part-time, in a jail-type institution, halfway house, treatment facility, or another institution under a sentence imposed because of a conviction.
(5) “Misdemeanor” means a crime that is not a felony.
(6) “State drug offense” means violating State law involving the manufacture, distribution, or possession of a controlled substance.
(7) “State law” means the law of a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, or a United States territory or possession.
A passport may not be issued to an individual who is convicted of an offense described in subsection (b) during the period described in subsection (c) if the individual used a passport or otherwise crossed an international border in committing the offense.
The Secretary of State shall revoke a passport previously issued to an individual who is ineligible to receive a passport under paragraph (1).
Subsection (a) applies with respect to any individual convicted of a Federal drug offense, or a State drug offense, if the offense is a felony.
Subsection (a) also applies with respect to an individual convicted of a Federal drug offense, or a State drug offense, if the offense is 1 misdemeanor, but only if the Secretary of State determines that subsection (a) should apply with respect to that individual on account of that offense. This paragraph does not apply to an individual’s first conviction for a misdemeanor which involves only possession of a controlled substance.
Subsection (a) applies during the period that the individual—
is imprisoned, or is legally required to be imprisoned, as the result of the conviction for the offense described in subsection (b); or
is on parole or other supervised release after having been imprisoned as the result of that conviction.
Notwithstanding subsection (a), the Secretary of State may issue a passport, in emergency circumstances or for humanitarian reasons, to an individual with respect to whom that subsection applies.
As used in this section—
the term “controlled substance” has the same meaning as is provided in section 102 of the Controlled Substances Act (21 U.S.C. 802);
the term “Federal drug offense” means a violation of—
the Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.);
any other Federal law involving controlled substances; or
subchapter II of chapter 53 of title 31 (commonly referred to as the “Bank Secrecy Act”), or section 1956 or section 1957 of title 18 (commonly referred to as the “Money Laundering Act”), if the Secretary of State determines that the violation is related to illicit production of or trafficking in a controlled substance;
the term “felony” means a criminal offense punishable by death or imprisonment for more than one year;
the term “imprisoned” means an individual is confined in or otherwise restricted to a jail-type institution, a half-way house, a treatment facility, or another institution, on a full or part-time basis, pursuant to the sentence imposed as the result of a conviction;
the term “misdemeanor” means a criminal offense other than a felony;
the term “State drug offense” means a violation of State law involving the manufacture, distribution, or possession of a controlled substance; and
the term “State law” means the law of a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States.
Source credit: (Aug. 1, 1956, ch. 841, title I, § 42, as added Pub. L. 100–690, title IV, § 4603(2), Nov. 18, 1988, 102 Stat. 4287.)
- 1956Enacted · Pub. L. 100-690 · 102 Stat. 4287
A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-690 on 1956-08-01.
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