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

Summary

People convicted of certain drug crimes cannot get a U.S. passport while they are jailed or under supervised release if they used a passport or crossed an international border to commit the crime. The Secretary of State must cancel any passport already given to someone who is not allowed one for this reason. The rule covers federal or state felony drug convictions and can also cover some misdemeanors if the Secretary of State decides, but not a first simple-possession misdemeanor. The restriction lasts while the person is imprisoned or legally required to be imprisoned, or while they are on parole or other supervised release after that imprisonment. The Secretary of State can still issue a passport in emergency situations or for humanitarian reasons. Definitions (short): "Controlled substance" means what the Controlled Substances Act says. "Federal drug offense" includes violations of the Controlled Substances Act, the Controlled Substances Import and Export Act, other federal drug laws, and some money-laundering or Bank Secrecy Act crimes tied to drug trafficking. "Felony" means punishable by death or by more than one year in prison. "Imprisoned" means confined to a jail-type place, halfway house, treatment facility, or similar, full- or part-time, under a sentence. "Misdemeanor" means any crime that is not a felony. "State drug offense" means a state law crime about making, selling, or having a controlled substance. "State law" includes laws of the states, DC, Puerto Rico, the Northern Mariana Islands, and U.S. territories or possessions.

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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