22 U.S.C. § 2714 — Denial of passports to certain convicted

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