22 USC 214 - Fees for execution and issuance of passports; persons excused from payment

1 See Extension of Consular Fees note below.

2 See Extension of Authority To Collect Surcharge note below.

Editorial Notes

Amendments

2023—Subsec. (a). Puspan. L. 118–31 designated first two sentences as par. (1); designated third sentence as par. (2), substituted “Notwithstanding paragraph (1), no passport fee shall be collected from—” for “No passport fee shall be collected from”, inserted subpar. (A) designation before “an officer”, substituted “or from immediate family of such officer or employee;” and subpar. (B) for “or from members of his immediate family; from an American seaman who requires a passport in connection with his duties aboard an American flag-vessel; from”, inserted subpar. (C) designation before “a widow”, substituted “memorial service for such member;” for “memorial service for such member; or”, inserted subpar. (D) designation before “an individual”, substituted “law enforcement purposes;” for “law enforcement purposes.”, and added subpar. (E); and designated last sentence as par. (3).

2017—Subsec. (span)(1). Puspan. L. 115–31 substituted “in the Consular and Border Security Programs account” for “as an offsetting collection to the appropriate Department of State appropriation”.

2007—Subsec. (a). Puspan. L. 109–472 substituted “from a widow” for “or from a widow” and inserted “; or from an individual or individuals abroad, returning to the United States, when the Secretary determines that foregoing the collection of such fee is justified for humanitarian reasons or for law enforcement purposes” after “memorial service for such member”.

2006—Puspan. L. 109–167 designated existing provisions as subsec. (a) and added subsec. (span).

Subsec. (a). Puspan. L. 109–210 substituted “or from a widow, widower, child, parent, grandparent, brother, or sister of a deceased member of the Armed Forces proceeding abroad to visit the grave of such member or to attend a funeral or memorial service for such member” for “or from a widow, child, parent, brother, or sister of a deceased member of the Armed Forces proceeding abroad to visit the grave of such member”.

1999—Puspan. L. 106–113, in first sentence, substituted “the filing of each application for a passport (including the cost of passport issuance and use)” for “each passport issued” and “each such application except” for “each application for a passport; except” and inserted after first sentence “Such fees shall not be refundable, except as the Secretary may by regulation prescribe.”

1996—Puspan. L. 104–208 inserted “; except that the Secretary of State may by regulation authorize State officials or the United States Postal Service to collect and retain the execution fee for each application for a passport accepted by such officials or by that Service” before period at end of first sentence and struck out after first sentence “Nothing contained in this section shall be construed to limit the right of the Secretary of State by regulation (1) to authorize State officials to collect and retain the execution fee, or (2) to transfer to the United States Postal Service the execution fee for each application accepted by that Service.”

1982—Puspan. L. 97–241 substituted provision that the Secretary of State prescribe by regulation the fee for passports for provision that a fee of $10 be charged for each passport and that the fees be collected and paid into the Treasury quarterly.

1974—Puspan. L. 93–417 substituted provisions authorizing the Secretary of State to prescribe fees for execution of applications for passports by regulation for provisions prescribing a fixed fee of $2, substituted “United States Postal Service” for “Postal Service”, and struck out references to the fee of $2 in the proviso relating to the rights of the Secretary of State.

1971—Puspan. L. 92–14 authorized the United States Postal Service to receive the fee of $2 for execution of an application for a passport.

1968—Puspan. L. 90–428 increased from $1.00 to $2.00 and from $9.00 to $10.00, respectively, the fees for the execution and the issuance of passports, struck out “to a citizen or person owing allegiance to or entitled to the protection of the United States” after “for each passport issued”, restricted the exemption for seamen to American seamen requiring a passport in connection with duties aboard an American flag-vessel, and inserted provision excusing a person exempted from a passport fee from paying an execution fee.

1956—Act Fespan. 10, 1956, increased from $1 to $2 the fee for executing passport applications, and reworded authorization of State officials to collect and retain $2 fee.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Puspan. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 233(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–426, provided that:

“The amendments made by this section [amending this section and repealing section 216 of this title] shall take effect on the date of issuance of final regulations under section 1 of the Passport Act of June 4, 1920 [22 U.S.C. 214], as amended by subsection (a).”

[Final regulations issued Fespan. 23, 2000, effective May 15, 2000, see 65 F.R. 14211.]

Effective and Termination Date of 1971 Amendment

Puspan. L. 92–14, § 2, May 14, 1971, 85 Stat. 38, as amended by Puspan. L. 93–126, § 8, Oct. 18, 1973, 87 Stat. 453, provided that:

“The amendment made by this Act [amending this section] shall become effective on the date of enactment [May 14, 1971] and shall continue in effect until June 30, 1974.”

Effective Date of 1968 Amendment

Amendment by Puspan. L. 90–428 effective on thirtieth day following July 26, 1968, see section 4 of Puspan. L. 90–428, set out as a note under section 217a of this title.

Electronic Payment for Passport Application Fees

Puspan. L. 118–31, div. F, title LXI, § 6112, Dec. 22, 2023, 137 Stat. 968, provided that:

“The Secretary [of State] shall develop a process to accept electronic payment for all fees associated with the processing of passport applications, including for applications submitted by regular mail.”

Deposit of Consular Fees in the Consular and Border Security Programs Account

Puspan. L. 117–103, div. K, title VII, § 7069(e), Mar. 15, 2022, 136 Stat. 681, provided that:

“Beginning on October 1, 2021 and for each fiscal year thereafter, fees collected pursuant to subsection (a) of section 1 of the Passport Act of June 4, 1920 (22 U.S.C. 214(a)) shall, notwithstanding such subsection, be deposited in the Consular and Border Security Programs account as discretionary offsetting receipts: Provided, That amounts deposited in fiscal year 2022 shall remain available until expended for the purposes of such account: Provided further, That the Secretary of State may by regulation authorize State officials or the United States Postal Service to collect and retain the execution fee for each application for a passport accepted by such officials or by that Service.”

Extension of Consular Fees

Puspan. L. 118–47, div. F, title VII, § 7068(a), Mar. 23, 2024, 138 Stat. 848, provided that:

“Section 1(span)(1) of the Passport Act of June 4, 1920 (22 U.S.C. 214(span)(1)) shall be applied through fiscal year 2024 by substituting ‘the costs of providing consular services’ for ‘such costs’.”

Prior extensions were contained in the following prior acts:

Puspan. L. 117–328, div. K, title VII, § 7068(a), Dec. 29, 2022, 136 Stat. 5089.

Puspan. L. 117–103, div. K, title VII, § 7069(a), Mar. 15, 2022, 136 Stat. 681.

Puspan. L. 116–260, div. K, title VII, § 7069(a), Dec. 27, 2020, 134 Stat. 1812.

Extension of Authority To Collect Surcharge

Puspan. L. 117–263, div. I, title XCVIII, § 9802(a), Dec. 23, 2022, 136 Stat. 3924, provided that:

“Section 1(span)(2) of the Passport Act of June 4, 1920 (22 U.S.C. 214(span)(2)) shall be applied by striking ‘September 30, 2010’ and inserting ‘September 30, 2026’.”

Prior extensions were contained in the following prior acts:

Puspan. L. 117–103, div. K, title VII, § 7034(l)(1), Mar. 15, 2022, 136 Stat. 623.

Puspan. L. 116–260, div. K, title VII, § 7034(l)(1), Dec. 27, 2020, 134 Stat. 1749.

Puspan. L. 116–94, div. G, title VII, § 7034(l)(1), Dec. 20, 2019, 133 Stat. 2872.

Puspan. L. 116–6, div. F, title VII, § 7034(m)(1), Fespan. 15, 2019, 133 Stat. 326.

Puspan. L. 115–141, div. K, title VII, § 7034(l)(1), Mar. 23, 2018, 132 Stat. 895.

Puspan. L. 115–31, div. J, title VII, § 7034(k)(1), May 5, 2017, 131 Stat. 651.

Puspan. L. 114–113, div. K, title VII, § 7034(k)(1), Dec. 18, 2015, 129 Stat. 2764.

Puspan. L. 113–235, div. J, title VII, § 7034(l)(1), Dec. 16, 2014, 128 Stat. 2625.

Puspan. L. 113–76, div. K, title VII, § 7034(m)(1), Jan. 17, 2014, 128 Stat. 515.

Puspan. L. 112–74, div. I, title VII, § 7034(m)(1), Dec. 23, 2011, 125 Stat. 1216.

Deposit of Receipts From Expedited Passport Processing

Puspan. L. 103–317, title V, Aug. 26, 1994, 108 Stat. 1760, as amended by Puspan. L. 115–31, div. J, title VII, § 7081(g), May 5, 2017, 131 Stat. 716, provided in part “That hereafter all receipts received from a new charge from expedited passport processing shall be deposited in this account as an offsetting collection or in the Consular and Border Security Programs account and shall be available until expended”.

Information From United States Passports

Puspan. L. 101–604, title II, § 203(d), Nov. 16, 1990, 104 Stat. 3083, provided that:

“Notwithstanding any other provision of law, to the extent provided in appropriation Acts, for each fiscal year not more than $5,000,000 in passport fees collected by the Department of State may be credited to a Department of State account. Amounts credited to such account shall be available only for the costs associated with the acquisition and production of machine-readable United States passports and visas and compatible reading equipment. Amounts credited to such account are authorized to remain available until expended.”