§ 2714. — Denial of passports to certain convicted drug traffickers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2714]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38--DEPARTMENT OF STATE
Sec. 2714. Denial of passports to certain convicted drug
traffickers
(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) of this section during the
period described in subsection (c) of this section 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) of this section 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) of this section 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) of this section
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.
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\1\ So in original. Probably should be followed by ``a''.
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(c) Period of ineligibility
Subsection (a) of this section 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) of this section; 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) of this section, 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) 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.
(Aug. 1, 1956, ch. 841, title I, Sec. 42, as added Pub. L. 100-690,
title IV, Sec. 4603(2), Nov. 18, 1988, 102 Stat. 4287.)
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, as amended,
which is classified principally to subchapter I (Sec. 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, as amended, which is classified principally to subchapter II
(Sec. 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, Sec. 111(1), Oct.
28, 1991, 105 Stat. 654.
