22 U.S.C. § 2714: Denial of passports to…

Summary

People convicted of certain drug crimes who used a passport or crossed an international border while committing the crime cannot get a U.S. passport. If someone is already barred, the Secretary of State must cancel any passport they have. This rule applies while the person is imprisoned or legally required to be imprisoned for that conviction, and while they are on parole or supervised release after such imprisonment. Felony drug convictions automatically trigger the rule. Some misdemeanor drug convictions can also trigger it, but not a first simple possession misdemeanor, and only if the Secretary of State decides it should apply. In emergencies or for humanitarian reasons, the Secretary of State may still issue a passport. Controlled substance: meaning in federal law. Federal drug offense: crimes under the Controlled Substances Act, the Controlled Substances Import and Export Act, other federal drug laws, or certain Bank Secrecy or money‑laundering crimes tied to drug trafficking. Felony: punishable by death or more than one year. Imprisoned: confined to jail, halfway house, treatment facility, or similar. State drug offense: state law crime involving making, selling, or possessing drugs. 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)Ineligibility for passport

(1)In general

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)Passport revocation

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

(b)Drug law offenses

(1)Felonies

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)Certain misdemeanors

Subsection (a) also applies with respect to an individual convicted of a Federal drug offense, or a State drug offense, if the offense is 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)Period of ineligibility

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)Emergency and humanitarian exceptions

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)Definitions

As used in this section

(1)

(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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Citations & Metadata