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22 U.S.C. § 2714a — Revocation or denial of passport in case

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2714a — Revocation or denial of passport in case

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

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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 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 cir- cumstances 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 Sub- stances Import and Export Act (21 U.S.C. 951 et seq.); (B) any other Federal law involving con- trolled 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 con- trolled substance; (3) the term ‘‘felony’’ means a criminal of- fense punishable by death or imprisonment for more than one year; (4) the term ‘‘imprisoned’’ means an indi- vidual 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 sen- tence imposed as the result of a conviction; (5) the term ‘‘misdemeanor’’ means a crimi- nal offense other than a felony; (6) the term ‘‘State drug offense’’ means a violation of State law involving the manufac- ture, distribution, or possession of a con- trolled substance; and (7) the term ‘‘State law’’ means the law of a State of the United States, the District of Co- lumbia, 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, § 42, as added Pub. L. 100–690, title IV, § 4603(2), Nov. 18, 1988, 102 Stat. 4287.) 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 sub- sequently 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. § 2714a. Revocation or denial of passport in case of certain unpaid taxes (a) to (d) Omitted (e) Authority to deny or revoke passport (1) Denial (A) In general Except as provided under subparagraph (B), upon receiving a certification described in section 7345 of title 26 from the Secretary Page 1152 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2715 of the Treasury, the Secretary of State shall not issue a passport to any individual who has a seriously delinquent tax debt described in such section. (B) Emergency and humanitarian situations Notwithstanding subparagraph (A), the Secretary of State may issue a passport, in emergency circumstances or for humani- tarian reasons, to an individual described in such subparagraph. (2) Revocation (A) In general The Secretary of State may revoke a pass- port previously issued to any individual de- scribed in paragraph (1)(A). (B) Limitation for return to United States If the Secretary of State decides to revoke a passport under subparagraph (A), the Sec- retary of State, before revocation, may— (i) limit a previously issued passport only for return travel to the United States; or (ii) issue a limited passport that only permits return travel to the United States. (3) Hold harmless The Secretary of the Treasury, the Sec- retary of State, and any of their designees shall not be liable to an individual for any ac- tion with respect to a certification by the Commissioner of Internal Revenue under sec- tion 7345 of title 26. (f) Revocation or denial of passport in case of in- dividual without social security account number (1) Denial (A) In general Except as provided under subparagraph (B), upon receiving an application for a pass- port from an individual that either— (i) does not include the social security account number issued to that individual, or (ii) includes an incorrect or invalid so- cial security number willfully, inten- tionally, negligently, or recklessly pro- vided by such individual, the Secretary of State is authorized to deny such application and is authorized to not issue a passport to the individual. (B) Emergency and humanitarian situations Notwithstanding subparagraph (A), the Secretary of State may issue a passport, in emergency circumstances or for humani- tarian reasons, to an individual described in subparagraph (A). (2) Revocation (A) In general The Secretary of State may revoke a pass- port previously issued to any individual de- scribed in paragraph (1)(A). (B) Limitation for return to United States If the Secretary of State decides to revoke a passport under subparagraph (A), the Sec- retary of State, before revocation, may— (i) limit a previously issued passport only for return travel to the United States; or (ii) issue a limited passport that only permits return travel to the United States. (g) Removal of certification from record when debt ceases to be seriously delinquent If pursuant to subsection (c) or (e) of section 7345 of title 26 the Secretary of State receives from the Secretary of the Treasury a notice that an individual ceases to have a seriously delin- quent tax debt, the Secretary of State shall re- move from the individual’s record the certifi- cation with respect to such debt. (h) Omitted (i) Effective date The provisions of, and amendments made by, this section shall take effect on December 4, 2015. (Pub. L. 114–94, div. C, title XXXII, § 32101, Dec. 4, 2015, 129 Stat. 1729.) Editorial Notes REFERENCES IN TEXT For the amendments made by this section, referred to in subsec. (i), see Codification note below. CODIFICATION Section is comprised of section 32101 of Pub. L. 114–94. Subsections (a) to (d) and (h) of section 32101 of Pub. L. 114–94 made the following amendments: subsection (a) enacted section 7345 of Title 26, Internal Revenue Code; subsection (b) amended sections 6320 and 6331 of Title 26; subsection (c) amended section 6103 of Title 26; sub- section (d) amended section 7508 of Title 26; and sub- section (h) amended the analysis for subchapter D of chapter 75 of Title 26. § 2715. Procedures regarding major disasters and incidents abroad affecting United States citi- zens (a) Authority In the case of a major disaster or incident abroad which affects the health and safety of citizens of the United States residing or trav- eling abroad, the Secretary of State shall pro- vide prompt and thorough notification of all ap- propriate information concerning such disaster or incident and its effect on United States citi- zens to the next-of-kin of such individuals. Noti- fication shall be provided through the most ex- peditious means available, including telephone communications, and shall include timely writ- ten notice. The Secretary, through the appro- priate offices of the Department of State, shall act as a clearinghouse for up-to-date informa- tion for the next-of-kin and shall provide other services and assistance. Assistance shall include liaison with foreign governments and persons and with United States air carriers concerning arrangements for the preparation and transport to the United States of the remains of citizens who die abroad, as well as disposition of per- sonal estates pursuant to section 2715c of this title. (b) Definitions For purposes of this section and sections 2715b and 2715c of this title, the term ‘‘consular offi-

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 801 — Congressional findings and declarations: controlled substances

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

21 U.S.C. § 801 — Congressional findings and declarations:

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

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 802 — Definitions

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

21 U.S.C. § 802 — Definitions

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

21 U.S.C. § 951 — Definitions

**(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

21 U.S.C. § 951 — Definitions

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

22 U.S.C. § 2714a — Revocation or denial of passport in case of certain unpaid taxes

**(a) to (d) Omitted** **(e) Authority to deny or revoke passport** (1) **Denial** (A) *In general* — Except as provided under subparagraph (B), upon receiving a certification described in [section 7345 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7345&num=0&edition=prelim) from the Secretary of the Treasury, the Secretary of State shall not issue a passport to any individual who has a seriously delinquent tax debt described in such section. (B) *Emergency and humanitarian situations* — Notwithstanding subparagraph (A), the Secretary of State may issue a passport, in emergency circumstances or for humanitarian reasons, to an individual described in such subparagraph. (2) **Revocation** (A) *In general* — The Secretary of State may revoke a passport previously issued to any individual described in paragraph (1)(A). (B) *Limitation for return to United States* — If the Secretary of State decides to revoke a passport under subparagraph (A), the Secretary of State, before revocation, may— (i) limit a previously issued passport only for return travel to the United States; or (ii) issue a limited passport that only permits return travel to the United States. (3) **Hold harmless** — The Secretary of the Treasury, the Secretary of State, and any of their designees shall not be liable to an individual for any action with respect to a certification by the Commissioner of Internal Revenue under [section 7345 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7345&num=0&edition=prelim). **(f) Revocation or denial of passport in case of individual without social security account number** (1) **Denial** (A) *In general* — Except as provided under subparagraph (B), upon rec

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