[Federal Register Volume 62, Number 143 (Friday, July 25, 1997)]
[Rules and Regulations]
[Pages 39926-39927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19586]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 301
[INS No. 1736-95]
RIN 1115-AE19
Acquisition of Citizenship; Equal Treatment of Women in
Conferring Citizenship on Children Born Abroad
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Immigration and Naturalization Service
(Service) regulations relating to procedures for certain United States
citizen women to confer citizenship on their children born outside of
the United States before noon (Eastern Standard Time) May 24, 1934. The
purpose of this rule is to ensure that all women receive equal
treatment under laws relating to nationality. This rule allows for the
issuance of certificates of citizenship to certain foreign-born
children previously ineligible to acquire citizenship from United
States citizen mothers.
DATES: This rule is effective August 25, 1997.
FOR FURTHER INFORMATION CONTACT:
Jane B. Barker, Adjudications Officer, Benefits Branch, Immigration and
Naturalization Service, 425 I Street, NW., Room 3214, Washington, DC
20536, telephone (202) 514-5014.
SUPPLEMENTARY INFORMATION: On July 5, 1996, at 61 FR 35111, the
Immigration and Naturalization Service published an interim rule with
request for comments to amend Service regulations by adding a new part
301. This was necessary to implement section 101(a)(2) of the
Immigration and Nationality Technical Corrections Act of 1994 (INTCA),
Public Law 103-416, which amended the Immigration and Nationality Act
(Act) by adding new section 301(h). Section 301(h) permits certain
United States citizen women to confer citizenship on their children
born outside of the United States before noon (Eastern Standard Time)
May 24, 1934. Persons qualifying for citizenship under section 301(h)
are considered citizens of the United States from birth and are not
subject to any provisions of law that provided for loss of citizenship
or nationality (including section 301(b) of the Act (as in effect
before October 10, 1978) and the provisions of section 201(g) of the
Nationality Act of 1940) if they failed to come to, reside, or be
physically present in the United States. Section 301(h) also provides
that for purposes of transmission of citizenship, any person who
acquires United States citizenship under section 301(h) must meet
applicable residence/physical presence requirements in order to
transmit citizenship to their children born abroad. Finally section
301(h) has no effect on the validity of the citizenship of anyone who
obtained United States citizenship under section 1993 of the Revised
Statutes (as in effect before the enactment of the Act of May 24, 1934,
48 Stat. 797) and does not confer citizenship, nor have any effect on
the validity of any denaturalization, deportation, or exclusion action
against any person who is or was excludable from the United States for
participation in Nazi persecution or genocide, or who was excluded
from, or who would not have been eligible for admission to the United
States under the Displaced Persons Act of 1948 or under section 14 of
the Refugee Relief Act of 1953.
The interim rule outlined the application procedures and specific
documentary requirements that applicants must satisfy in order to
establish their claim to citizenship under 8 CFR part 301. The interim
rule also provided procedures for processing such applications within
the United States and abroad.
On August 27, 1996, at 61 FR 43948, the Service published a
correction to the interim rule removing the requirement to take the
oath of allegiance before any diplomatic or consular officer of the
United States, since the Department of State does not require the oath
of allegiance in connection with its adjudication of passport
applications and issuance of passports.
Interested parties were invited to submit written comments to the
interim rule by September 3, 1996.
Discussion of Comments on Interim Rule
Two commenters were concerned that the wording of the interim rule
implies that the person is not a United States citizen prior to the
approval of the application for a Certificate of Citizenship (Form N-
600), which is contrary to section 301 of the Act which states that
``The following shall be nationals and citizens of the United States at
birth.'' The Service notes this error and has amended Sec. 301.1
accordingly.
One commenter noted that the word ``adoption'' should be deleted in
reference to the supporting documentation mentioned in 8 CFR 301.1(a)
because section 301(h) does not include adopted children and only
covers natural-born children. The Services agrees and has removed the
word ``adoption'' from Sec. 301.1(a)(1).
One commenter noted that a person residing in the United States who
is a United States citizen pursuant to section 301(h) is also able to
document his or her citizenship by applying for a United States
passport in addition to or in place of applying for a Certificate of
Citizenship with the Service.
The Service agrees and has amended Sec. 301.1(a) to reflect this
option.
One commenter noted that 8 CFR 301.1(b)(2) is redundant and should
be removed. The Service agrees that, after the corrections to this
section were made on August 27, 1996, paragraph (b)(2) became
duplicative. Accordingly, the Service has removed paragraph (b)(2) in
the final rule.
Regulatory Flexibility Act
The Commissioner of the Immigration and Naturalization Service, in
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has
reviewed this regulation and, by approving it, certifies that the rule
will not have a significant economic effect on a substantial number of
small entities because of the following factors. This rule provides
procedures for certain United States citizen women to confer
citizenship on their children born outside of the United States before
May 24, 1934. The affected parties are not small entities, and the
effect of the regulation is not an economic one.
Executive Order 12866
This rule is not considered by the Department of Justice,
immigration and Naturalization Service, to be a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review, and the Office of Management and Budget
has waived its review process under section 6(a)(3)(A).
Executrive Order 12612
This regulation will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or
[[Page 39927]]
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with Executive Order
12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Executive Order 12988
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of E.O. 12988.
Paperwork Reduction Act
This rule does not impose any new reporting or recordkeeping
requirements. The information collection (Form N-600) was previously
cleared by the Office of Management and Budget under the provisions of
the Paperwork Reduction Act. The OMB clearance number for this
collection is 1115-0018.
List of Subjects in 8 CFR Part 301
Citizenship and naturalization.
Accordingly, the interim rule adding 8 CFR part 301 which was
published at 61 FR 35111 on July 5, 1996, is adopted as a final rule
with the following changes:
PART 301--NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH
1. The authority citation for part 301 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1401; 8 CFR part 2.
2. Section 301.1 is revised to read as follows:
Sec. 301.1 Procedures.
(a) Application. (1) A person residing in the United States who
desires to be documented as a United States citizen pursuant to section
301(h) of the Act may apply for a passport at a United States passport
agency or may submit an application on Form N-600, Application for
Certificate of Citizenship, to the Service, as provided in 8 CFR part
341. Such application shall be filed with the Service office having
jurisdiction over the applicant's place of residence, or with such
other Service office as the Commissioner may designate. It must be
accompanied by the fee specified in 8 CFR 103.7(b)(1). The application
also must be accompanied by supporting documentary and other evidence
essential to establish the claimed citizenship, such as birth,
marriage, death, and divorce certificates. The applicant will be
notified in writing when and where to appear before a Service officer
for examination of his or her application.
(2) A person residing outside of the United States who desires to
be documented as a United States citizen under section 301(h) of the
Act shall make his or her claim at a United States embassy or
consulate, in accordance with such regulations as may be prescribed in
the Secretary of State.
(b) Oath of allegiance; issuance of certificate. Upon determination
by the district director that a person is a United States citizen
pursuant to section 301(h) of the Act, the person shall take the oath
of allegiance, prescribed in 8 CFR part 337, before an officer of the
Service designated to administer the oath of allegiance within the
United States, and a certificate of citizenship shall be issued. The
person shall be considered a United States citizen as of the date of
his or her birth.
Dated: June 10, 1997.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 97-19586 Filed 7-24-97; 8:45 am]
BILLING CODE 4410-10-M
