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DOS Final Rule Amends Passport Regulations

A final rule, first published as a proposed rule by the Department of State on February 18th, 2005, eliminates the amendment process for US passports, and increases the opportunity to receive a replacement passport free of charge.  This rule discontinues the practice of amending or editing the personal data or validity period of the passport holder, and as a result, all information will be presented only on the passport data page.  In the future, passports will be issued with an electronic chip that cannot be edited for security purposes, and this chip will match the information on the passport data page.

Under this new rule, if any changes must be made to the personal information or validity period, the passport must be cancelled and a new one will be reissued with a new electronic chip. The government still reserves the possibility, however, of amending passports in rare occasions when it is most advisable to do so, such as for limited validity passports for return to the U.S.

This rule also introduces new and broader requirements for free, replacement passports.  Any individual whose name has changed will be able to return his or her passport, along with a completed application and other necessary information, in exchange for a replacement passport at no cost.  The application must be submitted within a year of the name change.   Those who have been issued limited validity passports may apply for a replacement, full-validity passport within a year of the issuance at no cost. 

Under this new act, if passport fees are not collected, not only will actions be taken to collect those fees, but the Department may send a letter to the bearer informing him or her of the invalidation of the passport.

This is now a final rule, after being published as a proposed rule and allowing a 45-day period for comments.  It will become effective on September 26, 2005.



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