U.S. Code » Title 22 » Chapter CHAPTER 38— DEPARTMENT OF STATE

22 U.S.C. § 2714

Denial of passports to certain convicted drug traffickers

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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 ineligibilitySubsection (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) DefinitionsAs 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, § 42, as added Pub. L. 100–690, title IV, § 4603(2), Nov. 18, 1988, 102 Stat. 4287.)Editorial NotesReferences 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.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2001–2021 · leading case: State v. Blake, 481 P.3d 521 (Wash. 2021).
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State v. Blake, 481 P.3d 521 (Wash. 2021). “or any State program carried out under” the Food and Nutrition Act of 2008); 22 U.S.C. § 2714 (ineligibility for passport during supervised release).”
Weinstein v. Albright, 261 F.3d 127 (2d Cir. 2001). “71 tracks that found in a federal statute, 22 U.S.C. § 2714 . Therefore, the decision to create an emergency or humanitarian grounds exception for those convicted of certain drug felonies was made by Congress itself, not the Secretary of State.”
United States v. Nesbeth, 188 F. Supp. 3d 179 (E.D.N.Y 2016). “Under 22 U.S.C. § 2714 , Ms. Nesbeth cannot be issued a passport during any period of supervised release.”
Maehr v. U.S. State Dep't (D. Colo. 2020). “” 22 U.S.C. § 2714 (a)(e)(1)(A). “Statutory use of the word ‘may’ is presumed to grant discretionary power, absent a showing that it was indented to have mandatory effect.”
Bonifacio v. United States of Am. (S.D.N.Y. 2020). “See generally 22 U.S.C. §§ 2714 , 2714a, 2721 (outlining some requirements for the issuance of passports, but not imposing any deadline by which the State Department must process applications).”
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