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STATE RIN: 1400-AF56 Publication ID: Fall 2023 
Title: Passports: Addition of Gender X Marker  

Pursuant to Department of State regulations, applicants must establish their identity and citizenship when applying for a passport. Beginning June 30, 2021, U.S. citizens and non-citizen nationals were no longer required to provide medical certification of gender transition if the binary gender of M for male or F for female that they selected on their passport application did not match the gender indicated on their other citizenship or identity documents. Beginning April 11, 2022, U.S. citizens and non-citizen nationals became able to affirmatively self-certify a change in gender marker on their passport application forms and to select among three possible gender markers: M for male, F for female, or X for unspecified or another gender identity. The Department proposes to update its regulations governing applications for passports to reflect these changes in policy, consistent with the Department’s commitment to promoting the freedom, dignity, and equality of all people, regardless of their gender identity.

Agency: Department of State(STATE)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 22 CFR 51.23   
Legal Authority: 22 U.S.C. 2651a    22 U.S.C. 212a   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jennifer Tinianow
Department of State
Washington, DC 20522
Phone:202 485-8800