---
kind: "range"
citation: "22 C.F.R. §§ 51.60–51.74"
title: "22"
from: "51.60"
to: "51.74"
count: 12
url: "https://uscodex.org/cfr/22/51.60..51.74"
---

# §51.60. Denial and restriction of passports.

- (a) The Department may not issue a passport, except a passport for direct return to the United States, in any case in which the Department determines or is informed by competent authority that:
  - (1) The applicant is in default on a loan received from the United States under [22 U.S.C. 2671(b)(2)(B)](/usc/22/2671.md?p=b-2-B) for the repatriation of the applicant and, where applicable, the applicant's spouse, minor child(ren), and/or other immediate family members, from a foreign country (see [22 U.S.C. 2671(d)](/usc/22/2671.md?p=d)); or
  - (2) The applicant has been certified by the Secretary of Health and Human Services as notified by a state agency under [42 U.S.C. 652(k)](/usc/42/652.md?p=k) to be in arrears of child support in an amount determined by statute.
  - (3) [Reserved]
  - (4) The applicant is a covered sex offender as defined in [22 U.S.C. 212b(c)(1)](/usc/22/212b.md?p=c-1), unless the passport, no matter the type, contains the conspicuous identifier placed by the Department as required by [22 U.S.C. 212b](/usc/22/212b.md).
- (b) The Department may refuse to issue a passport in any case in which the Department determines or is informed by competent authority that:
  - (1) The applicant is the subject of an outstanding Federal warrant of arrest for a felony, including a warrant issued under the Federal Fugitive Felon Act ([18 U.S.C. 1073](/usc/18/1073.md)); or
  - (2) The applicant is subject to a criminal court order, condition of probation, or condition of parole, any of which forbids departure from the United States and the violation of which could result in the issuance of a Federal warrant of arrest, including a warrant issued under the Federal Fugitive Felon Act; or
  - (3) The applicant is subject to a U.S. court order committing him or her to a mental institution; or
  - (4) The applicant has been legally declared incompetent by a court of competent jurisdiction in the United States; or
  - (5) The applicant is the subject of a request for extradition or provisional request for extradition which has been presented to the government of a foreign country; or
  - (6) The applicant is the subject of a subpoena received from the United States pursuant to [28 U.S.C. 1783](/usc/28/1783.md), in a matter involving Federal prosecution for, or grand jury investigation of, a felony; or
  - (7) The applicant is a minor and the passport may be denied under [22 CFR 51.28](/cfr/22/51.28.md); or
  - (8) The applicant is subject to an order of restraint or apprehension issued by an appropriate officer of the United States Armed Forces pursuant to chapter 47 of title 10 of the United States Code; or
  - (9) The applicant is the subject of an outstanding state or local warrant of arrest for a felony; or
  - (10) The applicant is the subject of a request for extradition or provisional arrest submitted to the United States by a foreign country.
- (c) The Department may refuse to issue a passport in any case in which:
  - (1) The applicant has not repaid a loan received from the United States under [22 U.S.C. 2670(j)](/usc/22/2670.md?p=j) for emergency medical attention, dietary supplements, and other emergency assistance, including, if applicable, assistance provided to his or her child(ren), spouse, and/or other immediate family members in a foreign country; or
  - (2) The applicant has not repaid a loan received from the United States under 22 U.S.C. [2671(b)(2)(B)](/usc/22/2671.md?p=b-2-B) or [22](/usc/22/22.md) U.S.C. 2671(b)(2)(A) for the repatriation or evacuation of the applicant and, if applicable, the applicant's child(ren), spouse, and/or other immediate family members from a foreign country to the United States; or
  - (3) The applicant has previously been denied a passport under this section or [22 CFR 51.61](/cfr/22/51.61.md), or the Department has revoked the applicant's passport or issued a limited passport for direct return to the United States under [22 CFR 51.62](/cfr/22/51.62.md), and the applicant has not shown that there has been a change in circumstances since the denial, revocation or issuance of a limited passport that warrants issuance of a passport; or
  - (4) The Secretary determines that the applicant's activities abroad are causing or are likely to cause serious damage to the national security or the foreign policy of the United States.
- (d) The Department may refuse to issue a passport in a case in which the Department is informed by an appropriate foreign government authority or international organization that the applicant is the subject of a warrant of arrest for a felony.
- (e) The Department may refuse to issue a passport, except a passport for direct return to the United States, in any case in which the Department determines or is informed by a competent authority that the applicant is a minor who has been abducted, wrongfully removed or retained in violation of a court order or decree and return to his or her home state or habitual residence is necessary to permit a court of competent jurisdiction to determine custody matters.
- (f) The Department may refuse to issue a passport to an applicant who fails to provide his or her Social Security account number on his or her passport application or who willfully, intentionally, negligently, or recklessly includes an incorrect or invalid Social Security account number.
- (g) The Department shall not issue a passport card to an applicant who is a covered sex offender as defined in [22 U.S.C. 212b(c)(1)](/usc/22/212b.md?p=c-1).
- (h) The Department may not issue a passport, except a limited validity passport for direct return to the United States or in instances where the Department finds that emergency circumstances or humanitarian reasons exist, in any case in which:
  - (1) The Department is notified by the Attorney General that, during the covered period as defined by [22 U.S.C. 212a](/usc/22/212a.md):
    - (i) The applicant was convicted of a violation of [18 U.S.C. 2423](/usc/18/2423.md), and
    - (ii) The individual used a passport or passport card or otherwise crossed an international border in committing the underlying offense.
  - (2) The applicant is certified by the Secretary of the Treasury as having a seriously delinquent tax debt as described in [26 U.S.C. 7345](/usc/26/7345.md).
    - (i) In appropriate circumstances, where an individual's passport application is denied or passport revoked consistent with this part, the Department may issue a limited validity passport good only for direct return to the United States.

# §51.61. Denial of passports to certain convicted drug traffickers.

- (a) A passport may not be issued in any case in which the Department determines or is informed by competent authority that the applicant is subject to imprisonment or supervised release as the result of a felony conviction for a Federal or state drug offense, if the individual used a U.S. passport or otherwise crossed an international border in committing the offense, including a felony conviction arising under:
  - (1) The Controlled Substances Act ([21 U.S.C. 801](/usc/21/801.md) et seq.) or the Controlled Substances Import and Export Act ([21 U.S.C. 951](/usc/21/951.md) et seq.); or
  - (2) Any Federal law involving controlled substances as defined in section 802 of the Controlled Substances Act ([21 U.S.C. 801](/usc/21/801.md) et seq.); or
  - (3) The Bank Secrecy Act ([31 U.S.C. 5311](/usc/31/5311.md) et seq.) or the Money Laundering Act ([18 U.S.C. 1956](/usc/18/1956.md) et seq.) if the Department is in receipt of information that supports the determination that the violation involved is related to illicit production of or trafficking in a controlled substance; or
  - (4) **Any state law involving the manufacture, distribution, or possession of a controlled substance.**
- (b) A passport may be refused in any case in which the Department determines or is informed by competent authority that the applicant is subject to imprisonment or supervised release as the result of a misdemeanor conviction of a Federal or state drug offense if the individual used a U.S. passport or otherwise crossed an international border in committing the offense, other than a first conviction for possession of a controlled substance, including a misdemeanor conviction arising under:
  - (1) The Federal statutes described in [§ 51.61(a)](#a); or
  - (2) **Any State law involving the manufacture, distribution, or possession of a controlled substance.**
- (c) Notwithstanding [paragraph (a)](#a) of this section, the Department may issue a passport when the competent authority confirms, or the Department otherwise finds, that emergency circumstances or humanitarian reasons exist.

# §51.62. Revocation or limitation of passports and cancellation of Consular Reports of Birth Abroad.

- (a) The Department may revoke or limit a passport when:
  - (1) The bearer of the passport may be denied a passport under 22 CFR [51.60](/cfr/22/51.60.md) or [51.61](/cfr/22/51.61.md) or any other applicable provision contained in this part;
  - (2) The passport was illegally, fraudulently or erroneously obtained from the Department; or was created through illegality or fraud practiced upon the Department; or
  - (3) **The passport has been fraudulently altered or misused.**
- (b) The Department may revoke a passport when the Department has determined that the bearer of the passport is not a U.S. national, or the Department is on notice that the bearer's certificate of citizenship or certificate of naturalization has been cancelled.
- (c) The Department may cancel a Consular Report of Birth Abroad when:
  - (1) The Consular Report of Birth Abroad was illegally, fraudulently or erroneously obtained from the Department, or was created through illegality or fraud practiced upon the Department;
  - (2) The Consular Report of Birth Abroad has been fraudulently altered or misused; or
  - (3) The Department has determined that the bearer of the Consular Report of Birth Abroad is not a U.S. national, or the Department is on notice that the bearer's certificate of citizenship has been cancelled.
- (d) The Department shall revoke a U.S. passport in any case in which the Department is notified by the Attorney General, that during the covered period as defined by [22 U.S.C. 212a](/usc/22/212a.md):
  - (1) The applicant was convicted of a violation of [18 U.S.C. 2423](/usc/18/2423.md), and
  - (2) The individual used a passport or otherwise crossed an international border in committing the underlying offense.
  - (3) Notwithstanding paragraphs [(d)(1)](#d-1) and [(2)](#d-2) of this section, the Department may issue a limited validity passport for direct return to the United States.

# §51.63. Passports invalid for travel into or through restricted areas; prohibition on passports valid only for travel to Israel.

- (a) The Secretary may restrict the use of a passport for travel to or use in a country or area which the Secretary has determined is:
  - (1) A country with which the United States is at war; or
  - (2) A country or area where armed hostilities are in progress; or
  - (3) A country or area in which there is imminent danger to the public health or physical safety of United States travelers.
- (b) Any determination made and restriction imposed under [paragraph (a)](#a) of this section, or any extension or revocation of the restriction, shall be published in the Federal Register.
- (c) A passport may not be designated as valid only for travel to Israel.

# §51.64. Special validation of passports for travel to restricted areas.

- (a) A U.S. national may apply to the Department for a special validation of his or passport to permit its use for travel to, or use in, a restricted country or area. The application must be accompanied by evidence that the applicant falls within one of the categories in [paragraph (c)](#c) of this section.
- (b) The Department may grant a special validation if it determines that the validation is in the national interest of the United States.
- (c) A special validation may be determined to be in the national interest if:
  - (1) The applicant is a professional reporter or journalist, the purpose of whose trip is to obtain, and make available to the public, information about the restricted area; or
  - (2) The applicant is a representative of the International Committee of the Red Cross or the American Red Cross traveling pursuant to an officially-sponsored Red Cross mission; or
  - (3) The applicant's trip is justified by compelling humanitarian considerations; or
  - (4) **The applicant's request is otherwise in the national interest.**

# §51.65. Notification of denial, revocation or cancellation of passports and Consular Reports of Birth Abroad.

- (a) The Department will send notice in writing to any person whose application for issuance of a passport or Consular Report of Birth Abroad has been denied, whose passport has been revoked, or whose Consular Report of Birth Abroad has been cancelled. The notification will set forth the specific reasons for the denial, revocation or cancellation and, if applicable, the procedures for review available under [22 CFR 51.70 through 51.74](/cfr/22/51.70..51.74.md).
- (b) An application for a passport or Consular Report of Birth Abroad will be denied if an applicant fails to meet his or her burden of proof under the applicable regulations or otherwise does not provide documentation sufficient to establish entitlement to a passport or a Consular Report of Birth Abroad, or does not provide additional information as requested by the Department within the time provided in the notification by the Department that additional information is required. Thereafter, if an applicant wishes the Department to adjudicate his or her claim of entitlement to a passport or Consular Report of Birth Abroad, he or she must submit a new application, supporting documents, and photograph, along with all applicable fees.
- (c) The Department may, in its sole discretion, administratively re-open a previously filed passport or Consular Report of Birth Abroad application in order to issue a passport or Consular Report of Birth Abroad.

# §51.66. Surrender of passport and/or Consular Report of Birth Abroad.


The bearer of a passport that is revoked or of a Consular Report of Birth Abroad that is cancelled must surrender it to the Department or its authorized representative upon demand.


# §51.70. Request for hearing to review certain denials and revocations.

- (a) A person whose passport has been denied or revoked under 22 CFR [51.60(b)(1) through (10)](/cfr/22/51.60.md?p=b-1..b-10), [51.60(c)](/cfr/22/51.60.md?p=c), [51.60(d)](/cfr/22/51.60.md?p=d), [51.61(b)](/cfr/22/51.61.md?p=b), [51.62(a)(1)](/cfr/22/51.62.md?p=a-1), or [51.62(a)(2)](/cfr/22/51.62.md?p=a-2), or whose Consular Report of Birth Abroad is cancelled under [§ 51.62(c)(1)](/cfr/22/51.62.md?p=c-1) or [§ 51.62(c)(2)](/cfr/22/51.62.md?p=c-2), may request a hearing to review the basis for the denial, revocation, or cancellation, provided that the Department receives such a request, in writing, from such person or his or her attorney within 60 days of his or her receipt of the notice of the denial, revocation, or cancellation. Failure to timely request a hearing means the denial, revocation, or cancellation is the Department's final action.
- (b) The provisions of [§§ 51.70 through 51.74](/cfr/22/51.70..51.74.md) do not apply to any action of the Department denying, restricting, revoking, cancelling or invalidating a passport or Consular Report of Birth Abroad, or in any other way adversely affecting the ability of a person to receive or use a passport or Consular Report of Birth Abroad, for reasons not set forth in [§ 51.70(a)](#a), including, as applicable, those listed at:
  - (1) [Section 51.60(a)](/cfr/22/51.60.md?p=a) (instances where the Department may not issue a passport, except for direct return to the United States);
  - (2) [Section 51.60(f)](/cfr/22/51.60.md?p=f) (failure to provide a social security number, or purposefully providing an incorrect number);
  - (3) [Section 51.60(g)](/cfr/22/51.60.md?p=g) (denial of passport cards to certain convicted sex offenders);
  - (4) [Section 51.61(a)](/cfr/22/51.61.md?p=a) (denial of passports to certain convicted drug traffickers);
  - (5) [Section 51.62(b)](/cfr/22/51.62.md?p=b) (revocation of passports for non-U.S. nationals or where a certificate of citizenship or naturalization has been cancelled);
  - (6) [Section 51.62(c)(3)](/cfr/22/51.62.md?p=c-3) (cancellation of a Consular Report of Birth Abroad upon the Department's determination that the bearer is not a U.S. national or where a certificate of citizenship has been cancelled);
  - (7) [Section 51.62(d)](/cfr/22/51.62.md?p=d) (revocation of passports issued to certain convicted sex offenders);
  - (8) [Section 51.64](/cfr/22/51.64.md) (specially validated passports);
  - (9) Any other provision not listed at [§ 51.70(a)](#a).
- (c) If a timely request for a hearing is made by a person seeking a hearing in accordance with these regulations, the Department will make reasonable efforts to hold the hearing within 90 days of the date the Department receives the request.
- (d) Within a reasonable period of time prior to the hearing, the Department will give the person requesting the hearing written notice of the date, time and place of the hearing and copies of the evidence relied on in denying, revoking, or cancelling the passport or Consular Report of Birth Abroad.
- (e) The person requesting the hearing may obtain one continuance, not to exceed an additional 90 days, upon written request. The request for a continuance must be received by the Department as soon as practicable and in no case less than five business days prior to the scheduled hearing date. Any further continuances are within the sole discretion of the Department.

# §51.71. The hearing.

- (a) The Department will name a hearing officer, who will generally be a Department employee from the Bureau of Consular Affairs. The hearing officer will make only preliminary findings of fact and submit recommendations based on the record of the hearing, as defined in [22 CFR 51.72](/cfr/22/51.72.md), to the Deputy Assistant Secretary for Passport Services, or his or her designee, in the Bureau of Consular Affairs.
- (b) The hearing shall take place in Washington, DC or, if the person requesting the hearing is overseas, at the appropriate U.S. diplomatic or consular post. The person requesting the hearing must appear in person or with or through his or her attorney. Failure to appear at the scheduled hearing will constitute an abandonment of the request for a hearing, and the Department's revocation, cancellation or denial will be considered the Department's final action.
- (c) Any attorney appearing at a hearing must be admitted to practice in any state of the United States, the District of Columbia, or any territory or possession of the United States, or be admitted to practice before the courts of the country in which the hearing is to be held.
- (d) **There is no right to subpoena witnesses or to conduct discovery.** However, the person requesting the hearing may testify in person, offer evidence in his or her own behalf, present witnesses, and make arguments at the hearing. The person requesting the hearing is responsible for all costs associated with the presentation of his or her case, including the cost of interpreters, who must be certified in accordance with standards established for federal courts under [28 U.S.C. 1827](/usc/28/1827.md). The Department may present witnesses, offer evidence, and make arguments in its behalf. The Department is responsible for all costs associated with the presentation of its case.
- (e) **The hearing is informal and permissive.** As such, the provisions of [5 U.S.C. 554](/usc/5/554.md) et seq. do not apply to the hearing. Formal rules of evidence also do not apply; however, the hearing officer may impose reasonable restrictions on relevancy, materiality, and competency of evidence presented. Testimony will be under oath or by affirmation under penalty of perjury. The hearing officer may not consider any information that is not also made available to the person requesting the hearing, the Department, and made a part of the record of the proceeding.
- (f) If any witness is unable to appear, the hearing officer may, in his or her discretion, accept an affidavit or sworn deposition testimony of the witness, the cost for which will be the responsibility of the requesting party, subject to such limits as the hearing officer deems appropriate.
- (g) The person requesting the hearing and the Department of State may submit written briefs or argument prior to the hearing, but it is not required. The hearing officer will specify the date and schedule for the parties to submit written briefs, should they choose to do so.
- (h) The purpose of the hearing is to provide the person requesting the hearing an opportunity to challenge the basis for the Department's decision to deny or revoke the passport, or cancel the Consular Report of Birth Abroad. The burden of production is on the Department, and the Department shall provide the evidence it relied upon in revoking or denying the passport, or cancelling the Consular Report of Birth Abroad, prior to the hearing. The burden of persuasion is on the person requesting the hearing, to prove by a preponderance of the evidence that the Department improperly revoked the passport or denied the passport application, or cancelled the Consular Report of Birth Abroad, based on the facts and law in effect at the time such action was taken.

# §51.72. Transcript and record of the hearing.


A qualified reporter, provided by the Department, will make a complete verbatim transcript of the hearing. The person requesting the hearing or his or her attorney may review and purchase a copy of the transcript directly from the reporter. The hearing transcript and all the information and documents received by the hearing officer, whether or not deemed relevant, will constitute the record of the hearing. The hearing officer's preliminary findings and recommendations are deliberative, and shall not be considered part of the record unless adopted by the Deputy Assistant Secretary for Passport Services, or his or her designee.


# §51.73. Privacy of hearing.


Only the person requesting the hearing, his or her attorney, an interpreter, the hearing officer, the reporter transcribing the hearing, and employees of the Department concerned with the presentation of the case may be present at the hearing. Witnesses may be present only while actually giving testimony or as otherwise directed by the hearing officer.


# §51.74. Final decision.


After reviewing the record of the hearing and the preliminary findings of fact and recommendations of the hearing officer, and considering legal and policy considerations he or she deems relevant, the Deputy Assistant Secretary for Passport Services, or his or her designee, will decide whether to uphold the denial or revocation of the passport or cancellation of the Consular Report of Birth Abroad. The Department will promptly notify the person requesting the hearing of the decision in writing. If the decision is to uphold the denial, revocation, or cancellation, the notice will contain the reason(s) for the decision. The decision is final and is not subject to further administrative review.