Implementing First Responders Passport Act To Exempt Certain First Responders From Passport Fees
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Issuing agencies
Abstract
The Department of State ("Department") proposes an adjustment to the Schedule of Fees for Consular Services of the Department of State's Bureau of Consular Affairs ("Schedule of Fees" or "Schedule"), to implement the First Responders Passport Act by adding an additional exemption from the payment of passport fees. This exemption authorizes the Special Issuance Agency (SIA) to issue no-fee regular passports to applicants who meet the criteria listed in the statute.
Full Text
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<title>Federal Register, Volume 91 Issue 64 (Friday, April 3, 2026)</title>
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[Federal Register Volume 91, Number 64 (Friday, April 3, 2026)]
[Rules and Regulations]
[Pages 16837-16838]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06564]
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DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice: 12947]
RIN 1400-AG19
Implementing First Responders Passport Act To Exempt Certain
First Responders From Passport Fees
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: The Department of State (``Department'') proposes an
adjustment to the Schedule of Fees for Consular Services of the
Department of State's Bureau of Consular Affairs (``Schedule of Fees''
or ``Schedule''), to implement the First Responders Passport Act by
adding an additional exemption from the payment of passport fees. This
exemption authorizes the Special Issuance Agency (SIA) to issue no-fee
regular passports to applicants who meet the criteria listed in the
statute.
DATES: This rule is effective on April 3, 2026.
FOR FURTHER INFORMATION CONTACT: Steve Jacob, Resource Management Unit,
Bureau of Consular Affairs, Department of State; phone: 771-204-4677;
email: <a href="/cdn-cgi/l/email-protection#6d2b08081e2d1e190c1908430a021b"><span class="__cf_email__" data-cfemail="6e280b0b1d2e1d1a0f1a0b40090118">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The First Responders Passport Act was
enacted as part of the 2024 National Defense Authorization Act, 118
P.L. 31. The Act amended 22 U.S.C. 214(a) to exempt from passport fees
an individual who, at the discretion of the Secretary, is:
i. operating under a contract, grant, or cooperative agreement with
the United States Government to participate in search, rescue, and
other related disaster relief operations within a foreign country
following a natural disaster; or
ii. required pursuant to such contract, grant, or cooperative
agreement to be available to travel abroad to assist in search, rescue,
or other related disaster relief efforts immediately upon notice from
the United States Government.
22 U.S.C. 214(a)(2)(E). This exemption category is hereby added to
the Schedule of Fees for Consular Services (22 CFR 22.1) to implement
the First Responders Passport Act. The Special Issuance Agency (SIA)
processes passports for most applicants who are exempt from payment of
passport fees under 22 U.S.C. 214. Applications submitted for this
category will be invoiced to the sponsoring federal agency under the
Department's Working Capital Fund. Funds appropriated to the Department
of State will be used to cover the cost of these passports. Currently,
this rule applies to two Urban Search and Rescue Teams, each of which
has approximately 200 total members.
Regulatory Analyses
Administrative Procedure Act
This rule implements a statutorily created exemption from the
payment of passport fees. As a result, this rule is exempt from notice
and comment under the ``good cause'' exemption of the Administrative
Procedure Act. 5 U.S.C. 553(b). The Department finds that delaying the
effective date of this rule to solicit comments is unnecessary and
would undermine the statutory objectives of the First Responders
Passport Act. Therefore, the provisions of 5 U.S.C. 553(d) are not
applicable, and this rule is effective upon publication.
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Congressional Review Act
This rule is not a major rule as defined by 5 U.S.C. 804.
Executive Order 12866, 14192, and 13563
The Office of Information and Regulatory Affairs has designated
this rulemaking as not significant under Executive Order 12866, section
3(f), Regulatory Planning and Review. The Department has reviewed the
regulation to ensure its consistency with the regulatory philosophy and
principles set forth in Executive Order 12866.
The Department of State has considered this rule in light of
Executive Order 13563 and affirms that this regulation is consistent
with the guidance therein. Since this rule is not
[[Page 16838]]
significant, it is not subject to the provisions of Executive Order
14192.
Executive Orders 12372 and 13132
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement. The
regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this regulation.
Executive Order 12988
The Department of State has reviewed the rule considering sections
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burdens.
Executive Order 13175
The Department of State has determined that this rulemaking will
not have Tribal implications, will not impose substantial direct
compliance costs on Indian Tribal governments, and will not pre-empt
Tribal law. Accordingly, the requirements of Section 5 of Executive
Order 13175 do not apply to this rulemaking.
Paperwork Reduction Act
This rule does not impose any new reporting or record-keeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35.
List of Subjects in 22 CFR Part 22
Administrative practice and procedure, Fees, Foreign Service,
Immigration, Passports, Visas.
Accordingly, for the reasons stated in the preamble, 22 CFR part 22
is amended as follows:
PART 22--SCHEDULE OF FEES FOR CONSULAR SERVICES--DEPARTMENT OF
STATE AND FOREIGN SERVICE
0
1. The authority citation for part 22 continues to read as follows:
Authority: 8 U.S.C. 1101 note, 1153 note, 1183a note, 1351, 1351
note, 1713, 1714, 1714 note; 10 U.S.C. 2602(c); 11 U.S.C. 1157 note;
22 U.S.C. 214, 214 note, 1475e, 2504(a), 2651a, 4201,4206, 4215,
4219, 6551; 31 U.S.C. 9701; Exec. Order 10,718, 22 FR 4632 (1957);
Exec. Order 11,295, 31 FR 10603 (1966).
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2. In Sec. 22.1, amend the table by revising entry 4 under the heading
``Passport and Citizenship Services'' to read as follows:
Sec. 22.1 Schedule of fees.
* * * * *
Schedule of Fees for Consular Services
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Item No. Fee
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Passport and Citizenship Services
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* * * * * * *
4. Exemptions: The following applicants are
exempted from all passport fees listed in Item 2
above:
(a) Officers or employees of the United NO FEE.
States and their immediate family members
(22 U.S.C. 214) and Peace Corps Volunteers
and Leaders (22 U.S.C. 2504(h)) proceeding
abroad or returning to the United States in
the discharge of their official duties.
(b) U.S. citizen seamen who require a NO FEE.
passport in connection with their duties
aboard an American flag vessel (22 U.S.C.
214(a)).
(c) Widows, children, parents, grandparents, NO FEE.
or siblings of deceased members of the Armed
Forces proceeding abroad to visit the graves
of such members (22 U.S.C. 214(a)).
(d) An individual or individuals abroad, NO FEE.
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 (22 U.S.C. 214 (d)) and employees
of the American National Red Cross
proceeding abroad as members of the Armed
Forces of the United States (10 U.S.C.
2602(c)).
(e) At the discretion of the Secretary, an
individual who:.
(i) Is operating under a contract, grant,
or cooperative agreement with the United
States Government to participate in
search, rescue, and other related
disaster relief operations within a
foreign country following a natural
disaster; or
(ii) Is required pursuant to such NO FEE.
contract, grant, or cooperative
agreement to be available to travel
abroad to assist in search, rescue, or
other related disaster relief efforts
immediately upon notice from the United
States Government. (22 U.S.C 214(e)).
* * * * * * *
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Morvared Namdarkhan,
Assistant Secretary, Bureau of Consular Affairs, U.S. Department of
State.
[FR Doc. 2026-06564 Filed 4-2-26; 8:45 am]
BILLING CODE 4710-06-P
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