[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]


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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.

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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]
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