[Federal Register Volume 91, Number 166 (Friday, August 28, 2026)]
[Proposed Rules]
[Pages 55505-55509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-17655]
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DEPARTMENT OF STATE
22 CFR Part 51
[Public Notice: 13104]
RIN 1400-AF97
Passports: Expanding Online Passport Renewal Overseas
AGENCY: Department of State.
ACTION: Proposed rule.
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SUMMARY: The Department proposes to amend 22 CFR 51.21 by consolidating
requirements for persons applying by mail and online in the United
States and overseas. This proposed change includes expanding online
passport application availability to qualified applicants located in
foreign countries. In addition, the Department is proposing to remove
the requirement that an applicant's most recently issued passport must
have a year or less of remaining validity to qualify to submit an
online passport application. Finally, the Department is proposing
technical corrections to 51.8(b) to change ``on-line'' to read
``online'' for consistency.
DATES: The Department of State will accept comments until October 27,
2026.
ADDRESSES: Interested parties may submit comments to the Department by
any of the following methods:
Visit the Regulations.gov website at: http://www.regulations.gov and search for the docket number DOS-2026-0925. As
required by the Administrative Procedure Act at 5 U.S.C. 553(b)(4), you
can also find a plain language summary of this rulemaking at that
location.
Email: PassportOfficeof [email protected]. You
[[Page 55506]]
must include RIN 1400-AF97 in the subject line of your message.
All comments should include the commenter's name, the
organization the commenter represents, if applicable, and the
commenter's address. If the Department is unable to read a comment for
any reason, and cannot contact the commentor for clarification, the
Department may not be able to consider this comment. After the
conclusion of the comment period, the Department will publish a Final
rule (in which it will address relevant comments) as expeditiously as
possible.
FOR FURTHER INFORMATION CONTACT: Jennifer Tinianow, Office of
Adjudication, Passport Services, (202) 765-6517, or email
PassportOfficeof[email protected].
SUPPLEMENTARY INFORMATION: The Department of State first introduced
online passport applications through its Online Passport Renewal (OPR)
platform in 2022, following publication of the final rule Passports:
Option for Passport Applicants Eligible to Apply by Mail for Renewal of
Passports to Apply On-Line.\1\ That rule contained certain requirements
that restricted eligibility for applicants, including to those located
within the United States whose most recent passport had one year or
less of remaining validity.
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\1\ Public Notice 11609, 86 FR 72521 (Dec. 22, 2021).
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The eligible applicant pool for OPR has not been expanded since the
publication of that rule. At that time, the systems and technology for
OPR were still largely in development, and its first release was
intentionally limited. However, the Department has always intended to
make OPR more widely available, including to eligible persons located
abroad and individuals with more than a year of validity remaining on
their most recent passport.
The online process allows the applicant to bypass the logistical
hurdle of securing appointments, which has often been a challenge for
citizens residing abroad. By enabling eligible persons overseas to
submit applications, pay fees, and upload photos entirely online, the
traditional requirement for two in-person visits to a consular post
would be eliminated. Additionally, this digital transition removes the
necessity of transferring physical applications to a domestic passport
agency for adjudication, which will significantly accelerate processing
times.
Expanding availability to customers worldwide will optimize the
Department's global operation. OPR will be deployed overseas in phases,
and as implementation progresses, the Department will maintain an
updated list on its website, travel.state.gov/renewonline, that
specifies the countries in which customers are eligible to use OPR.
Additionally, due to system advances, it is no longer necessary to
limit the applicant pool only to those applicants whose most recently
issued passport has a year or less of remaining validity. The
Department aims to gradually relax this requirement, and up-to-date
requirements for the remaining validity on an applicant's previous
passport will be listed on travel.state.gov/renewonline. These changes
will enable the Department to expand online passport application
services for all Americans in compliance with regulations.
Finally, the Department seeks to make two minor technical
corrections to Sec. 51.8(b) to change two uses of ``on-line'' to read
``online.'' The corrections ensure that the language and terminology
within Department regulations remain consistent.
Preliminary Regulatory Impact Analysis
As noted below in the Regulatory Analyses, this rule, if finalized,
is likely to be economically significant within the meaning of section
3(f)(1) of Executive Order 12866, since the beneficial impact is likely
to exceed $100 million. The Department offers the following preliminary
regulatory impact analysis (RIA) and invites comment on it.
1. The Need for the Regulatory Action
As noted above, the Department has been considering the gradual
expansion of OPR since 2022. This rulemaking provides a more
comprehensive codification of the OPR program and the modification to
OMB Control No. 1405-0020 than what was in the previous rulemaking.
2. Horizon of Analysis
When choosing the appropriate time horizon for estimating benefits
and costs, the Department considered how long this regulation is likely
to have economic effects. The Department believes that 10 years is a
reasonable time horizon. It is possible, if not probable, that the
regulation proposed to be modified herein will be amended again within
that time period, possibly as new technologies emerge.
3. Regulatory Alternatives and Consequences
The Department assesses two alternatives to this rulemaking: no
action, and expanding the eligibility pool for online renewal
applicants located in the United States. Neither are viable options.
a. No Action
Federal law (22 U.S.C. 211a et seq.) provides the authority for the
Secretary of State to issue passports, ``under such rules as the
President shall designate''. The President's authority was delegated to
the Secretary of State by Executive Order 11295, of August 5, 1966 (31
FR 10603). The procedures for qualified individuals to obtain and renew
passports are set out in such rules. OPR became a part of the
Department's rules in 2022; however, the current Sec. 51.21 provides
that the program was only available for applicants in the United States
and contained a requirement that the applicant's passport have one year
or less of validity remaining. Those restrictions thus cannot be
removed by any action other than rulemaking. ``No action'' is not a
viable alternative if the goal is to increase the availability of this
option to U.S. citizens renewing their passports.
b. Expanding Renewal Eligibilities
The Department has explored the option of including in the OPR
eligibility those applicants with a current lost or stolen passport and
those applicants with a passport that expired over 15 years ago.
Expanding to applicants with a lost or stolen passport would require
major changes to the passport application adjudication process, and
with the current restriction of one year or less of remaining validity
for OPR eligibility, Department data from FY 2025 showed that this
expansion would result in only a 0.1% increase in applicants eligible
for OPR (about 300,000 applicants annually).
According to Department data from FY 2025, expansion from a 15- to
an 18-year issuance gap would result in an estimated 7% increase in the
pool of applicants eligible to use OPR (about 495,000 additional
applicants annually). However, the Department does not currently have
sufficient technological capability to support expansion of renewal
applications to applicants with a passport that was issued over 15
years ago. This change will also require a rulemaking, and the
Department plans to pursue this expansion and associated rulemaking in
the future when adequate technology is available.
Finally, neither of these changes would assist U.S. passport
applicants located overseas who seek to renew a passport online, as
these expansions would still only apply to individuals
[[Page 55507]]
located in the United States absent the current proposed rulemaking.
4. Quantify the Benefits, Cost Savings, and Costs
Department of State Form DS-82, which is a U.S. passport renewal
application for eligible individuals, is used in online passport
applications. The Department does not anticipate any revisions to this
form will be required as part of this rulemaking. The time burden for
online renewal applications was found to be virtually identical to the
time burden for paper applications.
The Department estimates that approximately 60% of all DS-82
renewal applicants will be submitted through the OPR platform. The
Department projects that the total annual number of form DS-82 renewal
applicants for FY27 will be 10,509,576. The estimated total number of
annual OPR applicants for FY27 is 6,279,511. The overseas applicant
expansion could add up to 220,000 additional OPR applicants in FY27.\2\
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\2\ There were 220,802 DS-82 applications from OPDP and the
Repatriation Program. We estimate that there will be approximately
220,000 overseas applications eligible for OPR in FY 2027.
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The Department charges the same fee for a passport renewal
application regardless of whether it is received by mail or online.
Nevertheless, the Department expects that online renewal applicants
will in the aggregate experience a reduced monetary burden as compared
to applicants using the paper application.
OPR users are subject to a reduced monetary burden for photo
services. According to a Department post-service survey of online
applicants, only 34% (2,060,234 applicants) of respondents reported
that their passport photo was obtained from a post office or other
professional photo service that would require payment.\3\ We estimate
the current price for photo services to be $15.00.\4\ The remaining 66%
(3,999,277 applicants) reported that they obtained their photo in a
means that did not cause a monetary burden.
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\3\ This may be because these applicants were not able to meet
the requirements for passport photos using only the OPR platform.
\4\ Source: USPS, ``USPS Retail Customer Appointment
Scheduler,'' https://faq.usps.com/s/article/USPS-Retail-Customer-Appointment-Scheduler (last visited Apr. 3, 2026).
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Additionally, OPR users are not subject to a monetary burden for
postage or travel to a mailing facility. The Department strongly
encourages mail-in applicants to utilize trackablemail for their
applications, and the current price for a flat rate Priority Mail
envelope is $11.95.\5\ The Department estimates that most respondents
domestically submit their application to their local U.S. Post Office
for processing, which is estimated to be an average distance of
approximately three miles one way and six miles round trip. This
distance is estimated to take an amount of five minutes each way for a
total of 10 minutes round trip. The Department has no way to calculate
the average distance overseas applicants may need to travel to submit
the form. Assuming that a large share of U.S. citizens live in densely
populated urban areas, factors such as traffic congestion and distance
can significantly increase travel time. This does not account for
additional delays, including limited parking at embassies and
consulates or the time required to pass through security screening. At
a minimum, an applicant would likely need to take a half day off work
to complete this process. A half day is estimated at 4 hours. Using the
OECD's reported average annual wage for Americans overseas ($44,439 in
2024), the estimated hourly wage is $21.36.\6\ Therefore, the total
estimated lost wages per applicant would be $85.44.
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\5\ Source: USPS, ``Priority Mail,'' https://www.usps.com/ship/priority-mail.htm (last visited Apr. 3, 2026).
\6\ Source: OECD (2025), ``Pensions at a Glance 2025: OECD and
G20 Indicators,'' https://www.oecd.org/en/publications/pensions-at-a-glance-2025_e40274c1-en.html (last visited Aug. 5, 2026).
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To determine the travel cost to the applicant, the Department is
factoring in the General Services Administration (GSA) reimbursement
rate of $0.725 per mile for privately owned vehicles (POV).\7\
Government efficiencies are acknowledged by reducing the workload on
locally employed staff, including greeters and intake personnel, as
well as decreasing the time required for package preparation prior to
officer review. By shifting document collection and preparation to the
applicant as a one-time responsibility, posts could reduce the need for
intake-specific staffing. Currently, locally employed staff are
responsible for gathering paperwork, verifying that all required
documents are complete and accurate, scanning applications, and
providing instructions regarding passport pickup or delivery options.
Under OPR, these responsibilities would be largely eliminated or
significantly reduced. Furthermore, locally employed staff currently
spend approximately $0.98 per applicant for overseas passport intake
process (FY2023-2026 Cost of Service Model). When multiplied by the
total number of expected overseas passport applications, this would
result in a total cost savings of $215,600 for intake.
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\7\ Source: General Services Administration, ``Privately Owned
Vehicles (POV) Mileage Reimbursement Rates,'' https://www.gsa.gov/travel/plan-book/transportation-airfare-rates-pov-rates/privately-owned-vehicle-pov-mileage-reimbursement-rates (last visited Apr. 3,
2026).
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Pursuant to the above analysis, the estimated annual savings for
OPR users for FY27 on average are as follows:
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Passport Photo Cost Savings.................... 2,060,234 applicants x $15.00..... = $30,903,506
Postage Cost Savings........................... 6,059,511 applicants x $11.95..... = 72,411,156
Average Travel Cost Savings.................... 6,059,511 applicants x 6 miles x = 26,358,873
$0.725 per mile.
Lost Wages (Opportunity Costs) Avoided......... 220,000 applicants x $21.36 = 18,796,800
average hourly rate x 4 hours.
Government Efficiencies on Staffing............ 220,000 applicants x $0.98 Locally = 215,600
employed staff time allocation in
dollars.
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Total Estimated Annual Cost Savings............ $148,685,935
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[[Page 55508]]
5. Discount Future Benefits
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Value Year
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3% Discount
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148,685,935................................ Present
144,225,357................................ 2
139,898,596................................ 3
135,701,638................................ 4
131,630,589................................ 5
127,681,672................................ 6
123,851,221................................ 7
120,135,685................................ 8
116,531,614................................ 9
113,035,666................................ 10
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7% Discount
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148,685,935................................ Present
138,277,920................................ 2
128,598,465................................ 3
119,596,573................................ 4
111,224,812................................ 5
103,439,075................................ 6
96,198,340................................. 7
89,464,456................................. 8
83,201,944................................. 9
77,377,808................................. 10
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6. Non-quantified Benefits and Costs
The primary qualitative benefit is the ease of submission, which is
related to the quantified savings in section 4, above. With respect to
non-quantified cost, members of the public commenting on the 2022
rulemaking \8\ were concerned about possible identity theft and
insisted on the use of the latest technology to protect applicants. The
Department reiterates that it processes passport applications, whether
mailed or submitted online, on controlled workstations accessed by
authorized employees only. The data is encrypted.
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\8\ See Passports: Proposed Rule Allowing Passport Applicants
Eligible to Apply by Mail for Renewal of Passports the Additional
Option to Apply On-Line, REGULATIONS.GOV, https://www.regulations.gov/document/DOS-2021-0016-0002/comment (last
visited Aug. 5, 2026).
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Passport records are legally protected from unauthorized access,
use, or disclosure under the Privacy Act of 1974 (5 U.S.C. 552a). More
information can be found in System of Records Notices STATE-26,
Passport Records, and STATE-05, Overseas Citizens Services Records and
Other Overseas Records. All Federal employees and contractors with
access to passport and U.S. citizen consular records are required to
safeguard the privacy of U.S. citizens and non-citizen U.S. nationals
and their records.
7. Uncertainty
The Department's primary uncertainty regarding the estimates in
this rulemaking relates to the uncertainty of predicting future
passport application activity. However, since the demand for passports
has generally been stable (other than in surge years, such as the
implementation of the Western Hemisphere Travel Initiative), the
Department is confident in these figures. In addition, forecast numbers
contained in the Department's renewals under the Paperwork Reduction
Act have been accurate.
Regulatory Findings
Administrative Procedure Act
The Department is soliciting comments during a 60-day comment
period, to which it will respond in a final rule, should the Department
choose to finalize all or part of this proposal.
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.
Executive Order 12866--Regulatory Planning and Review
The Office of Information and Regulatory Affairs (OIRA) had
designated this rule as an economically significant action under
Executive Order 12866, dated September 30, 1993. For a discussion of
the regulatory impact of this proposed rule (should it be finalized),
see the Regulatory Impact Analysis section, above.
As OPR becomes more widely available overseas, the Department also
expects a shift in passport-related work from overseas posts to the
United States. The number of DS-82 paper renewal applications that
overseas posts must accept, process, and/or bundle and mail to the
United States is expected to decrease with more renewal applications
being accepted and processed online, which will free up overseas
consular staff to focus on matters more aligned with their expertise,
such as complex citizenship cases and special citizens services.
With respect to costs for the federal government, the costs of
expanding this program are expected to be covered through the existing
application fees and will save applicants ancillary costs (such as
postage) as described in the RIA section, above.
Executive Order 14192--Unleashing Prosperity Through Deregulation
This rule is a deregulatory action within the meaning of Executive
Order 14192.
Executive Order 13563--Improving Regulation and Regulatory Review
The Department of State has considered this rule in light of
Executive Order 13563, dated January 18, 2011, and affirms that this
regulation is consistent with the guidance therein.
Executive Orders 12372 and 13132--Federalism
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.
National Environmental Policy Act
The Department has analyzed this regulation for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has
determined that it will not have any effect on the quality of the
environment.
Executive Order 13175--Effect on Tribes
This rulemaking will not have an effect on tribes and no actions
are needed under Section 5 of the Executive Order.
Paperwork Reduction Act
The information collection contained in this rule is pursuant to
the Paperwork Reduction Act, 44 U.S.C. Chapter 35, and relates to OMB
Control Number 1405-0020.
Department of State Form DS-82, which is a U.S. passport renewal
application for eligible individuals, is used in online passport
applications. The Department does not anticipate any revisions to the
DS-82 form will be required as part of this rulemaking. The time burden
for individuals using the
[[Page 55509]]
online renewal option, but needing to obtain passport photographs from
a commercial source, was slightly less than the burden for applicants
who applied using the DS-82. Applicants who were able to submit their
photographs without using a commercial service enjoyed a significant
decrease in cost burden. As noted in the RIA section above, there is
and will be a benefit to increased use of OPR.
The Department requests public comment on time burdens encountered
during the application process, both in the use of OPR and in the use
of the DS-82 form.
List of Subjects in 22 CFR Part 51
Passports.
Accordingly, for the reasons set forth in the preamble, 22 CFR part
51 is proposed to be amended as follows:
PART 51--PASSPORTS
0
1. The authority citation for part 51 continues to read as follows:
Authority: 8 U.S.C. 1104; 8 U.S.C. 1185; 8 U.S.C. 1185n (text of
Pub. L. 108-458, 118 Stat. 3638, 3823 (Dec. 17, 2004)); 8 U.S.C.
1504; 8 U.S.C. 1714; 22 U.S.C. 211a, 212, 212a, 212b, 213, 213n
(Pub. L. 106-113 Div. B, Sec. 1000(a)(7) [Div. A, Title II, Sec.
236], 113 Stat. 1536, 1501A-430); 214, 214a, 217a, 218, 2651a,
2671(d)(3), 2705, 2714, 2714a, 2721, and 3926; 26 U.S.C. 6039E; 26
CFR 301.6039E-1; 31 U.S.C. 9701; 34 U.S.C. 21501-21510; 42 U.S.C.
652(k) ; E.O. 11295, Aug. 5, 1966, 31 FR 10603, 3 CFR, 1966-1970
Comp., p. 570; Pub. L. 114-119, 130 Stat. 15.
Sec. 51.21 [Amended]
0
2. Section 51.21 is amended to read as follows:
(a) * * *
(b) Application by mail or online
(1) A person in the United States, or in a foreign country where
the Department has authorized a post to receive passport applications
by mail, who previously has been issued a passport valid for 10 years
in his or her own name may apply for a new passport by filling out,
signing, and mailing an application on the form prescribed by the
Department if:
(i) The applicant's most recently issued passport was issued when
the applicant was 16 years of age or older;
(ii) The application is made not more than 15 years following the
issue date of the previous passport, except as provided in paragraph
(d) of this section; and
(iii) The most recently issued passport of the same type is
submitted with the new application.
(2) A person in the United States, or in a foreign country in which
the Department has authorized applicants to apply online and listed on
its website at travel.state.gov/renewonline, who previously has been
issued a passport valid for 10 years in his or her own name may apply
for a new passport by filling out, signing, and submitting an online
application via the Department's official website if:
(i) The applicant's most recently issued passport was issued when
the applicant was 16 years of age or older, and remains valid for a
period prescribed on the Department's website at travel.state.gov/renewonline;
(ii) The application is made not more than 15 years following the
issue date of the most recently issued passport of the same type; and
(iii) The most recently issued passport of the same type is
available for verification via the online process.
(3) The applicant must also provide photographs as prescribed by
the Department and pay the applicable fees prescribed in the Schedule
of Fees for Consular Services (22 CFR 22.1).
(c) Nothing in this part shall prohibit or limit the Department
from authorizing an overseas post to accept a passport application or
applications from persons outside the country or outside the person's
country of residence in circumstances which prevent provision of these
services to the person where they are located or in other unusual
circumstances as determined by the Department.
(d) A senior passport authorizing officer may authorize acceptance
of an application by mail where the application is made more than 15
years following the issue date of the previous passport as appropriate
and in accordance with guidance issued by the Department.
Sec. 51.8 [Amended]
0
3. Section 51.8 is amended to read as follows:
(a) * * *
(b) When applying for a new passport online, an applicant must have
the currently valid passport of the same type available for
cancellation via the online process.
(c) * * *
(d) * * *
John L. Armstrong,
Principal Deputy Assistant Secretary, Bureau of Consular Affairs, U.S.
Department of State.
[FR Doc. 2026-17655 Filed 8-27-26; 8:45 am]
BILLING CODE 4710-06-P