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22 U.S.C. § 2714 — Denial of passports to certain convicted drug traffickers
Federal law — U.S. Code and appendices · legal_authorities
**(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 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) 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) Definit
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Source file: Laws/federal/codes/united-states-code/title-22/section-2714-denial-of-passports-to-certain-convicted-drug-traffickers--34a56645f7.md
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Source location: Title 22, Chapter 38, § 2714; chapter-038-department-of-state.md
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**(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 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) 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) the term “controlled substance” has the same meaning as is provided in section 102 of the Controlled Substances Act ([21 U.S.C. 802](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim));
(2) the term “Federal drug offense” means a violation of—
(A) the Controlled Substances Act ([21 U.S.C. 801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section801&num=0&edition=prelim) et seq.) or the Controlled Substances Import and Export Act ([21 U.S.C. 951](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section951&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1957&num=0&edition=prelim) (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.
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Federal law — U.S. Code and appendices · legal_authorities
The Congress makes the following findings and declarations:
(1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people.
(2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people.
(3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because—
(A) after manufacture, many controlled substances are transported in interstate commerce,
(B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and
(C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession.
(4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances.
(5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate.
(6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents
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Federal law — U.S. Code and appendices · legal_authorities
There shall be at the seat of government an executive department to be known as the “Department of State”, and a Secretary of State, who shall be the head thereof.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of this subchapter—
(1) The term “import” means, with respect to any article, any bringing in or introduction of such article into any area (whether or not such bringing in or introduction constitutes an importation within the meaning of the tariff laws of the United States).
(2) The term “customs territory of the United States” has the meaning assigned to such term by general note 2 of the Harmonized Tariff Schedule of the United States.
**(b)** Each term defined in [section 802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim) shall have the same meaning for purposes of this subchapter as such term has for purposes of subchapter I.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.
(2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by—
(A) a practitioner (or, in his presence, by his authorized agent), or
(B) the patient or research subject at the direction and in the presence of the practitioner,
whether such application be by injection, inhalation, ingestion, or any other means.
(3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business.
(4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice.
(5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise.
(6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.
(7) The term “counterfeit substance” means a controlled substance which, or the container or labelin
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whoever, in any of the circumstances set forth in subsection (d), knowingly engages or attempts to engage in a monetary transaction in criminally derived property of a value greater than $10,000 and is derived from specified unlawful activity, shall be punished as provided in subsection (b).
**(b)**
(1) Except as provided in paragraph (2), the punishment for an offense under this section is a fine under title 18, United States Code, or imprisonment for not more than ten years or both. If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this subsection is greater.
(2) The court may impose an alternate fine to that imposable under paragraph (1) of not more than twice the amount of the criminally derived property involved in the transaction.
**(c)** In a prosecution for an offense under this section, the Government is not required to prove the defendant knew that the offense from which the criminally derived property was derived was specified unlawful activity.
**(d)** The circumstances referred to in subsection (a) are—
(1) that the offense under this section takes place in the United States or in the special maritime and territorial jurisdiction of the United States; or
(2) that the offense under this section takes place outside the United States and such special jurisdiction, but the defendant is a United States person (as defined in [section 3077 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3077&num=0&edition=prelim), but excluding the class described in paragraph (2)(D) of such section).
**(e)** Violations of this section may be investigated by such com
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Federal law — U.S. Code and appendices · legal_authorities
Page 772
TITLE 21—FOOD AND DRUGS
§ 801
Sec.
831.
Additional requirements relating to online
pharmacies and telemedicine.
832.
Suspicious orders.
PART D—OFFENSES AND PENALTIES
841.
Prohibited acts A.
842.
Prohibited acts B.
843.
Prohibited acts C.
844.
Penalties for simple possession.
844a.
Civil penalty for possession of small amounts
of certain controlled substances.
845 to 845b. Transferred.
846.
Attempt and conspiracy.
847.
Additional penalties.
848.
Continuing criminal enterprise.
849.
Transportation safety offenses.
850.
Information for sentencing.
851.
Proceedings to establish prior convictions.
852.
Application of treaties and other inter-
national agreements.
853.
Criminal forfeitures.
853a.
Transferred.
854.
Investment of illicit drug profits.
855.
Alternative fine.
856.
Maintaining drug-involved premises.
857.
Repealed.
858.
Endangering human life while illegally manu-
facturing controlled substance.
859.
Distribution to persons under age twenty-one.
860.
Distribution or manufacturing in or near
schools and colleges.
860a.
Consecutive sentence for manufacturing or
distributing, or possessing with intent to
manufacture or distribute, methamphet-
amine on premises where children are
present or reside.
861.
Employment or use of persons under 18 years
of age in drug operations.
862.
Denial of Federal benefits to drug traffickers
and possessors.
862a.
Denial of assistance and benefits for certain
drug-related convictions.
862b.
Sanctioning for testing positive for con-
trolled substances.
863.
Drug paraphernalia.
864.
Anhydrous ammonia.
864a.
Grants
to
reduce
production
of
methamphetamines from anhydrous ammo-
nia.
865.
Smuggling
methamphetamine
or
meth-
amphetamine precursor chemica
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
Page 782
TITLE 21—FOOD AND DRUGS
§ 801a
ing it into counterfeit opioid pills. Because fentanyl is
lethal in even miniscule doses, this is an extremely
deadly tactic, as it too often causes users to ingest a
fatal amount unknowingly.
SEC. 2. Agency Action. The Secretary of Health and
Human Services shall, consistent with section 319 of
the Public Health Service Act, 42 U.S.C. 247d, consider
declaring that the drug demand and opioid crisis de-
scribed in section 1 of this memorandum constitutes a
Public Health Emergency. Additionally, the heads of
executive departments and agencies, as appropriate and
consistent with law, shall exercise all appropriate
emergency authorities, as well as other relevant au-
thorities, to reduce the number of deaths and minimize
the devastation the drug demand and opioid crisis in-
flicts upon American communities.
SEC. 3. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of Health and Human Services is
hereby authorized and directed to publish this memo-
randum in the Federal Register.
DONALD J. TRUMP.
§ 801a
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Federal law — U.S. Code and appendices · legal_authorities
Page 892
TITLE 21—FOOD AND DRUGS
§ 951
connection with the operations of the Drug En-
forcement Administration abroad.
(Pub. L. 91–513, title II, § 709, Oct. 27, 1970, 84
Stat. 1284; Pub. L. 93–481, § 1, Oct. 26, 1974, 88
Stat. 1455; Pub. L. 95–137, § 1(a), Oct. 18, 1977, 91
Stat. 1169; Pub. L. 96–132, §§ 13, 15, Nov. 30, 1979,
93 Stat. 1048; Pub. L. 97–414, § 9(g)(1), Jan. 4, 1983,
96 Stat. 2064.)
Editorial Notes
AMENDMENTS
1983—Pub. L. 97–414 struck out subsecs. (a) and (b)
which had provided, respectively, that (a) there were
authorized to be appropriated $105,000,000 for the fiscal
year ending June 30, 1975, $175,000,000 for the fiscal year
ending June 30, 1976, $200,000,000 for the fiscal year end-
ing September 30, 1977, $188,000,000 for the fiscal year
ending September 30, 1978, $215,000,000 for the fiscal
year ending September 30, 1979, and $198,336,000 for the
fiscal year ending September 30, 1980, for the expenses
of the Department of Justice in carrying out its func-
tions under this subchapter, and that (b) no funds ap-
propriated under any other provision of this chapter
could be used for the expenses of the Department of
Justice for which funds were authorized to be appro-
priated by former subsection (a) of this section, and re-
moved the subsection designator (c) before ‘‘Notwith-
standing’’.
1979—Subsec. (a). Pub. L. 96–132, § 15, inserted provi-
sions authorizing appropriations of $198,336,000 for the
fiscal year ending Sept. 30, 1980.
Subsec. (c). Pub. L. 96–132, § 13, added subsec. (c).
1977—Subsec. (a). Pub. L. 95–137 substituted ‘‘Sep-
tember 30, 1977, $188,000,000 for the fiscal year ending
September 30, 1978, and $215,000,000 for the fiscal year
ending September 30, 1979,’’ for ‘‘June 30, 1977,’’ and
struck out ‘‘(other t
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Federal law — U.S. Code and appendices · legal_authorities
Page 1151
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 2714a
1 So in original. Probably should be followed by ‘‘a’’.
‘‘SEC. 2. REFERENCES.
‘‘Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Fed-
eral building referred to in section 1 shall be deemed to
be a reference to the ‘Harry S Truman Federal Build-
ing’.’’
§ 2714. Denial of passports to certain convicted
drug traffickers
(a) Ineligibility for passport
(1) In general
A passport may not be issued to an indi-
vidual 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 pass-
port previously issued to an individual who is
ineligible to receive a passport under para-
graph (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 fel-
ony.
(2) Certain misdemeanors
Subsection (a) also applies with respect to
an individual convicted of a Federal drug of-
fense, 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 ac-
count 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 su
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 2714
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.