[109th Congress Public Law 167]
[From the U.S. Government Printing Office]


[DOCID: f:publ167.109]

[[Page 119 STAT. 3578]]

Public Law 109-167
109th Congress

                                 An Act


 
To amend the Passport Act of June 4, 1920, to authorize the Secretary of 
State to establish and collect a surcharge to cover the costs of meeting 
   the increased demand for passports as a result of actions taken to 
  comply with section 7209(b) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004. <<NOTE: Jan. 10, 2006 -  [H.R. 4501]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Passport Services 
Enhancement Act of 2005. 22 USC 211a note.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Passport Services Enhancement Act of 
2005''.

SEC. 2. AUTHORITY OF SECRETARY OF STATE TO ESTABLISH AND COLLECT A 
            SURCHARGE TO COVER THE COSTS OF MEETING THE INCREASED DEMAND 
            FOR PASSPORTS.

    Section 1 of the Passport Act of June 4, 1920 (22 U.S.C. 214) is 
amended--
            (1) in the first sentence, by striking ``There shall be 
        collected and paid'' and inserting ``(a) There shall be 
        collected and paid''; and
            (2) by adding at the end the following new subsection:

    ``(b)(1) The Secretary of State may by regulation establish and 
collect a surcharge on applicable fees for the filing of each 
application for a passport in order to cover the costs of meeting the 
increased demand for passports as a result of actions taken to comply 
with section 7209(b) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note). Such surcharge 
shall be in addition to the fees provided for in subsection (a) and in 
addition to the surcharges or fees otherwise authorized by law and shall 
be deposited as an offsetting collection to the appropriate Department 
of State appropriation, to remain available until expended for the 
purposes of meeting such costs.
    ``(2) <<NOTE: Expiration date.>> The authority to collect the 
surcharge provided under paragraph (1) may not be exercised after 
September 30, 2010.

    ``(3) The Secretary of State shall ensure that, to the extent 
practicable, the total cost of a passport application during fiscal 
years 2006 and 2007, including the surcharge authorized under

[[Page 119 STAT. 3579]]

paragraph (1), shall not exceed the cost of the passport application as 
of December 1, 2005.''.

    Approved January 10, 2006.

LEGISLATIVE HISTORY--H.R. 4501:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 151 (2005):
            Dec. 18, considered and passed House.
            Dec. 21, considered and passed Senate.

                                  <all>