§2714 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Passports must not be given to, and the Secretary of State must cancel any passport already issued to, a person who was convicted of certain drug crimes if that person used a passport or crossed an international border to commit the crime. This rule covers federal and state felony drug convictions. It can also cover some drug misdemeanors if the Secretary decides, but it does not apply to a person’s first misdemeanor that is only simple possession. The rule applies while the person is in prison, required to be in prison, or on parole or supervised release after being imprisoned. In emergency or humanitarian cases, the Secretary may still issue a passport. Definitions (short): controlled substance — same meaning as in 21 U.S.C. 802. Federal drug offense — crimes under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), other federal drug laws, or certain Bank Secrecy Act/money‑laundering crimes tied to drug trafficking. Felony — punishable by death or imprisonment for more than one year. Imprisoned — confined to a jail-type place or similar facility under a sentence. Misdemeanor — any non-felony crime. State drug offense — state law crimes about making, selling, or having controlled substances. State law — laws of U.S. states, DC, Puerto Rico, the Northern Mariana Islands, or U.S. territories.

Title 22, §2714

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)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.

(2)The Secretary of State shall revoke a passport previously issued to an individual who is ineligible to receive a passport under paragraph (1).

(b)(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.

(2)Subsection (a) also applies with respect to an individual convicted of a Federal drug offense, or a State drug offense, if the offense is 11 So in original. Probably should be followed by “a”. 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.

(c)Subsection (a) applies during the period that the individual—

(1)is imprisoned, or is legally required to be imprisoned, as the result of the conviction for the offense described in subsection (b); or

(2)is on parole or other supervised release after having been imprisoned as the result of that conviction.

(d)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.

(e)As used in this section—

(1)the term “controlled substance” has the same meaning as is provided in section 102 of the Controlled Substances Act (21 U.S.C. 802);

(2)the term “Federal drug offense” means a violation of—

(A)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.);

(B)any other Federal law involving controlled substances; or

(C)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;

(3)the term “felony” means a criminal offense punishable by death or imprisonment for more than one year;

(4)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;

(5)the term “misdemeanor” means a criminal offense other than a felony;

(6)the term “State drug offense” means a violation of State law involving the manufacture, distribution, or possession of a controlled substance; and

(7)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Controlled Substances Act, referred to in subsec. (e)(2)(A), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see

Short Title

note set out under section 801 of Title 21 and Tables. The Controlled Substances Import and Export Act, referred to in subsec. (e)(2)(A), is title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285, which is classified principally to subchapter II (§ 951 et seq.) of chapter 13 of Title 21. For complete classification of this Act to the Code, see

Short Title

note set out under section 951 of Title 21 and Tables.

Prior Provisions

A prior section 42 of act Aug. 1, 1956, was renumbered section 43 by section 4603(1) of Pub. L. 100–690, and subsequently renumbered, and set out as a

Short Title

of 1956 Amendment note under section 2651 of this title, prior to repeal by Pub. L. 102–138, title I, § 111(1), Oct. 28, 1991, 105 Stat. 654.

§2714 Denial of passports to certain convicted drug traffickers

Summary

Title 22, §2714

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Prior Provisions

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