Consular fees

(a) In general The second sentence of section 1(b)(1) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(1)) shall be applied through fiscal years 2026 and 2027 by substituting the costs of providing consular services for such costs. (b) Use of passport and immigrant visa surcharges Notwithstanding section 6(b) of the Department of State Authorities Act of 2006 (Public Law 109-–472; 120 Stat. 3556), during fiscal years 2026 and 2027, passport and immigrant visa surcharges collected in any fiscal year pursuant to the fourth paragraph under the heading Diplomatic and Consular Programs in the Department of State and Related Agency Appropriations Act, 2005 (title IV of division B of Public Law 108–447; 8 U.S.C. 1714) may be obligated and expended for the costs of providing consular services: Provided, That such funds should be prioritized for United States citizen services: Provided further, That not later than 90 days after the expiration of this authority, the Secretary shall provide a report to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives detailing the specific expenditures made pursuant to this authority: Provided further, That the amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. (c) Use of available discretionary amounts and unobligated balances Discretionary amounts made available to the Department of State under the heading Administration of Foreign Affairs of Acts making appropriations for National Security, Department of State, and Related Programs for fiscal years 2026 and 2027, and discretionary unobligated balances under such heading from Acts making such appropriations for prior fiscal years, may be transferred to the Consular and Border Security Programs account if the Secretary determines and reports to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives that to do so is necessary to sustain consular operations, following consultation with such Committees: Provided, That such transfer authority is in addition to any transfer authority otherwise available in this Act and under any other provision of law: Provided further, That no amounts may be transferred from amounts designated as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. (d) Use of Fraud Prevention and Detection Account fees In addition to the uses permitted pursuant to section 286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1356(v)(2)(A)), for fiscal years 2026 and 2027, the Secretary may also use fees deposited into the Fraud Prevention and Detection Account for the costs of providing consular services. (e) Emergency requirement Amounts provided pursuant to subsection (b) that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.