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Bill
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Gender Inclusive Passport Act

H.R. 5962 · 116th Congress · Feb 25, 2020 · Lineage

A BILL

To require the Secretary of State to require the inclusion of a gender neutral designation in a passport, passport card, or Consular Report of Birth Abroad, and for other purposes.

1. Short title

This Act may be cited as the “Gender Inclusive Passport Act”.

2. Inclusion of gender neutral designation option in passports

(a)
In general— Notwithstanding any other provision of law, the Secretary of State shall, not later than one year after the date of the enactment of this section, permit an applicant for a passport, passport card, or Consular Report of Birth Abroad to record gender in an application for such passport, passport card, or Consular Report of Birth Abroad with a sex data element authorized by the International Civil Aviation Organization (ICAO) specified in ICAO Doc 9303, Machine Readable Travel Documents.
(b)
Gender designation—
(1)
In general— The Secretary of State, in accordance with subsection (a), shall permit an applicant for a passport, passport card, or Consular Report of Birth Abroad to use an “unspecified” (X) gender designation. Such designation shall be made available without restriction to all applicants for a passport, passport card, or Consular Report of Birth Abroad.
(2)
Prohibitions— The Secretary of State may not—
(A)
deny the issuance of a passport, passport card, or Consular Report of Birth Abroad to an otherwise qualified applicant based solely on a request by such applicant for an “unspecified” (X) gender designation; or
(B)
require such an applicant to select the “unspecified” (X) gender designation on an application for passport, passport card, or Consular Report of Birth Abroad, including, without limitation, an applicant who has one or more identity documents bearing a sex or gender designation other than male (M) or female (F).