---
kind: "section"
citation: "22 C.F.R. § 51.22"
title: "22"
number: "51.22"
heading: "Passport agents and passport acceptance agents."
url: "https://uscodex.org/cfr/22/51.22"
---

# §51.22. Passport agents and passport acceptance agents.

- (a) **U.S. citizen employees of the Department authorized to serve as passport agents.** The following employees of the Department are authorized by virtue of their positions to serve as passport agents unless the Department in an individual case withdraws authorization:
  - (1) A passport authorizing officer;
  - (2) A consular officer, or a U.S. citizen consular agent abroad;
  - (3) A diplomatic officer specifically authorized by the Department to accept passport applications; and
  - (4) Such U.S. citizen Department of State employees and contractors as the Assistant Secretary for Consular Affairs may designate for the purpose of administering oaths and affirmations for passport applications.
- (b) **Persons designated by the Department to serve as passport acceptance agents.** When designated by the Department, the following persons are authorized to serve as passport acceptance agents unless the Department in an individual case withdraws authorization.
  - (1) An employee of the clerk of any Federal court;
  - (2) An employee of the clerk of any state court of record;
  - (3) A postal employee at a United States post office that has been selected to accept passport applications;
  - (4) An employee of the Department of Defense at a military installation that has been authorized to accept passport applications;
  - (5) An employee of a federal agency that has been selected to accept passport applications; and
  - (6) **Any other person specifically designated by the Department.**
- (c) **Qualifications of persons designated by the Department to serve as passport acceptance agents.** Before the Department will designate a person described in [§ 51.22(b)](#b) as a passport acceptance agent, his or her employer must certify that the person:
  - (1) Is a U.S. citizen or a U.S. non-citizen national;
  - (2) Is 18 years of age or older;
  - (3) Is a permanent employee, excluding ad hoc, contractual, and volunteer employees; and
  - (4) **Does not have a record of either—**
    - (i) A Federal or State felony conviction; or
    - (ii) A misdemeanor conviction for crimes involving moral turpitude or breach of trust, including but not limited to embezzlement, identity theft, misappropriation, document fraud, drug offenses, or dishonesty in carrying out a responsibility involving public trust.
- (d) **Training.** A passport acceptance agent described in [§ 51.22(b)](#b) must be trained to apply procedures and practices as detailed in guidance provided by the Department. Training must be successfully completed before accepting passport applications.
- (e) **Responsibilities.** The responsibilities of a passport acceptance agent described in [§ 51.22(b)](#b) include but are not limited to the following:
  - (1) **Certifying the identity of each applicant.** Passport acceptance agents must certify that they have personally witnessed the applicant signing his or her application, and that the applicant has:
    - (i) Personally appeared;
    - (ii) Presented proper identification, as documented on the application;
    - (iii) Submitted photographs that are a true likeness; and
    - (iv) **Taken the oath administered by the acceptance agent.**
  - (2) Safeguarding passport application information under the Privacy

    Act of 1974. Passport acceptance agents described in [§ 51.22(b)](#b) must not retain copies of executed applications, nor release passport application information to anyone other than the applicant and the Department.

  - (3) **Avoiding conflict of interest.** Passport acceptance agents described in [§ 51.22(b)](#b) must not participate in any relationship that could be perceived as a conflict of interest, including but not limited to providing commercial services related to the passport process.
- (f) **Documentation.** Passport acceptance facilities within the United

  States must maintain a current listing of all passport acceptance agents designated under [§ 51.22(b)](#b) working at its facility. This list must be updated at least annually and a copy provided to the officer specified by the Department at the appropriate passport issuing office.

  - (1) The current listing of all designated passport acceptance agents must include the passport acceptance agents':
    - (i) Names; and
    - (ii) **Signatures.**
  - (2) Any addition to or deletion from the current listing of designated passport acceptance agents is subject to prior approval by the Department.

## Notes

### Authority

Authority: 8 U.S.C. 1104; 8 U.S.C. 1185; 8 U.S.C. 1185n (text of Pub. L. 108-458, 118 Stat. 3638, 3823 (Dec. 17, 2004)); 8 U.S.C. 1504; 8 U.S.C. 1714; 22 U.S.C. 211a, 212, 212a, 212b, 213, 213n (Pub. L. 106-113 Div. B, Sec. 1000(a)(7) [Div. A, Title II, Sec. 236], 113 Stat. 1536, 1501A-430); 214, 214a, 217a, 218, 2651a, 2671(d)(3), 2705, 2714, 2714a, 2721, and 3926; 26 U.S.C. 6039E; 26 CFR 301.6039E-1; 31 U.S.C. 9701; 34 U.S.C. 21501-21510; 42 U.S.C. 652(k) ; E.O. 11295, Aug. 5, 1966, 31 FR 10603, 3 CFR, 1966-1970 Comp., p. 570; Pub. L. 114-119, 130 Stat. 15.

### Source

Source: 72 FR 64931, Nov. 19, 2007, unless otherwise noted.
