Page:United States Statutes at Large Volume 102 Part 5.djvu/282

 102 STAT. 4288

PUBLIC LAW 100-690—NOV. 18, 1988 "(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 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.—Notwithstand-

ing 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); "(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, United States Code (commonly referred to as the 'Bank Secrecy Act'), or section 1956 or section 1957 of title 18, United States Code (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 (Dolumbia, the (Dommonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States.".

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