[Federal Register Volume 64, Number 32 (Thursday, February 18, 1999)]
[Rules and Regulations]
[Pages 7990-7993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3985]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 312 and 499

[INS No. 1702-96]
RIN 1115-AE02


Exceptions to the Educational Requirements for Naturalization for 
Certain Applicants

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: On March 19, 1997, the Immigration and Naturalization Service 
(the Service) published a final rule in the Federal Register 
establishing an administrative process to adjudicate requests for 
exceptions from the English and Civics requirements of section 312 of 
the Immigration and Nationality Act (the Act), by persons with physical 
or developmental disabilities, or mental impairments. The Service 
offered the public the opportunity to comment on the final rule, 
specifically requesting comments on the appeal process and quality 
control procedures for disability-related adjudications.
    Based on comments to the rule and current naturalization quality 
procedures, the Service has determined that a separate appeals process 
and additional quality procedures are unnecessary at this time. The 
Service, however, has amended the rule to include licensed doctors of 
osteopathy (DOs) as health care providers who are authorized to 
complete Form N-648,

[[Page 7991]]

Medical Certification for Disability Exceptions. The Service has also 
made minor changes to the language of the rule to avoid 
misinterpretation.

DATES: This final rule is effective March 22, 1999.

FOR FURTHER INFORMATION CONTACT: Jody Marten, Office of Field 
Operations, Immigration Services Division, Immigration and 
Naturalization Service, 801 I Street NW., Suite 900, Washington, DC 
20536, telephone (202) 305-4770.

SUPPLEMENTARY INFORMATION:

 Background

    On October 25, 1994, Congress enacted the Immigration and 
Naturalization Technical Corrections Act of 1994, Public Law 103-416. 
Section 108(a)(4) of the Technical Corrections Act amended section 312 
of the Act to provide an exemption to the United States history and 
government (civics) requirements for persons with ``physical or 
developmental disabilities'' or ``mental impairments'' applying to 
become naturalized United States citizens. This exception complemented 
an existing exception for persons with disabilities from the English 
language requirements for naturalization. Enactment of this amendment 
marked the first time Congress authorized an exception from the civics 
requirements for any individual applying for naturalization.
    On August 28, 1996, the Service published a proposed rule in the 
Federal Register at 61 FR 44227 proposing to amend 8 CFR part 312 to 
provide for exceptions from the section 312 requirements for persons 
with physical or developmental disabilities, or mental impairments. The 
Service received 228 comments from various sources, including Federal 
and state government agencies, disability rights and advocacy 
organizations, and private individuals. On March 19, 1997, the Service 
published a final rule with request for comments in the Federal 
Register at 62 FR 12915. The final rule established an administrative 
procedure whereby applicants with disabilities could apply for an 
exception to the section 312 requirements on the newly created public 
use Form N-648, Medical Certification for Disability Exceptions. Since 
significant changes were made to the proposed rule, the Service 
requested additional comments on the final rule.

Discussion of Comments

    The Service specifically requested comments on two areas: appeal 
procedures and quality control. In the final rule, the Service proposed 
an enhancement of the current section 336 appeal process to provide, at 
the appellate level, an independent medical review of all Form N-648 
adjudications. The Service also requested comments on any training or 
additional quality control measures which the Service might adopt to 
ensure fairness and integrity in disability-related adjudications.
    The Service received 45 comments on the final rule, addressing 
appeal procedures and quality control, as well as other provisions in 
the rule and the Service's March 19, 1997, filed guidance.

Appeal Process

    The Service received no comments specifically addressing the 
proposed enhanced appeal procedures. Five commenters, however, did 
reiterate their belief that the Service should set up a separate appeal 
process for denials of the Form N-648. The commenters stated that the 
Form N-648 adjudication should be separate and apart from the overall 
adjudication of the Form N-400, Application for Naturalization. The 
commenters also stated that a separate appeal process was necessary to 
eliminate any additional delays that may occur from adjudication of the 
Form N-648-delays which could potentially disadvantage persons with 
disabilities who already face a lengthy administrative process and may 
suffer a diminished ability to meet the section 312 requirements or 
complete the naturalization process.
    As stated in the March 19, 1997, final rule, the Service does not 
believe a separate appeal process for the Form N-648 is in accord with 
the current procedures for adjudicating the Form N-400, Application for 
Naturalization. The Service believes that consideration of the Form N-
648 is one part of the overall adjudication of an individual's Form N-
400. All applicants may avail themselves of the hearing procedures 
already in place in the event the naturalization application is denied, 
by requesting a hearing on the denial under section 336 of the Act. 
This is not a strong basis for declining to adopt the commenters' 
suggestion. With the training Service adjudication officers have 
received in adjudicating N-648s and disability-based exceptions, the 
Service remains of the opinion that the current hearing procedure is 
sufficient for naturalization applicants with disabilities whose Form 
N-400s have been denied. Finally, with regard to independent medical 
review of the Form N-648 determination, the Service is currently 
conducting a pilot with the U.S. Public Health Service (PHS) through an 
interagency agreement, whereby PHS will provide medical staff to assist 
the Service with review of the Form N-648s and provide training to 
adjudicators on relevant medical issues. The Service believes this 
combined effort should provide for more timely and consistent decisions 
for naturalization applicants with medical disabilities.

Quality Control Procedures

    Six commenters stated that there should be a separate quality 
control program for disability-related adjudications. Several 
commenters also stated that organizations or agencies with disability-
related expertise, rather than the Service, should conduct quality 
control reviews of Form N-648 processing.
    As previously stated in the March 19, 1997, final rule, the Service 
has instituted the Naturalization Quality Procedure (NQP), which 
establishes quality control procedures for review of Form N-648 
adjudications. In addition, Service adjudications officers have been 
extensively trained on disability-related adjudications and have 
received supplemental guidance addressing the Service's obligations 
under section 504 of the Rehabilitation Act, and reiterating the need 
to provide accommodations and modifications to the testing procedures 
to allow naturalization applicants who are disabled to complete the 
naturalization process. The Service believes that these measures are 
adequate to fulfill the quality control needs noted by the commenters.

Miscellaneous Comments

    Thirteen commenters requested that the Service add licensed doctors 
of osteopathic medicine to the list of health care providers currently 
authorized to complete the Form N-648 (licensed medical doctors and 
licensed clinical psychologists). After a review of individual state 
licensing procedures, academic requirements, and credentials for 
licensed medical doctors (MDs) and licensed osteopathic doctors (Dos), 
it appears to the Service that Dos, like licensed MDs and clinical 
psychologists, must be experienced in diagnosing persons with physical 
or mental, medically determinable impairments, and must also be able to 
attest to the origin, nature, and extent of the medical conditions. In 
addition, Dos have comparable training and knowledge which the Service 
believes are sufficient to assess a naturalization applicant's ability 
to meet the section 312 requirements. The Service therefore has 
concluded that Dos should be included among the health care

[[Page 7992]]

providers authorized to complete the Form N-648. Accordingly, licensed 
doctors of osteopathic medicine (Dos) have been included at 8 CFR 
312.2(b)(2).
    Eight commenters requested the Service slightly modify the 
definition of ``medically determinable'' found at 8 CFR 312.1(b)(3) and 
312.2(b)(1), which define ``medically determinable'' as ``* * * an 
impairment that results from anatomical, physiological or psychological 
abnormalities which can be shown by medically acceptable clinical and 
laboratory diagnostic techniques to have resulted in functioning so 
impaired as to render an individual unable to demonstrate an 
understanding of [English and Civics] * * *, (emphasis added). The 
commenters expressed concern that use of the word ``and'' instead of 
``or'' in the phrase ``clinical and laboratory diagnostic techniques'' 
might indicate that applicants are required to submit both clinical and 
laboratory evidence of their disabilities, though either clinical or 
laboratory diagnostic information would be adequate to establish the 
disability. The Service agrees and has made the recommended change in 
the rule.
    Ten commenters requested that the Service issue further policy 
guidance and clarification of the requirements for reasonable 
accommodations under section 504 of the Rehabilitation Act of 1975 
(Pub. L. 92-112). As stated in the March 19, 1997, final rule, the 
Service is in full compliance with section 504 of the Rehabilitation 
Act and provides accommodations and modifications to testing procedures 
when required. In addition, the Service currently makes regular 
accommodations and modifications for applicants who are disabled, 
including conducting off-site testing, interviews, and where 
authorized, off-site swearing-in ceremonies. The Service is currently 
working on additional field guidance regarding disability-related 
adjudications, which will provide additional instructions regarding 
reasonable accommodations.
    Seven commenters stated that the Service should waive the oath of 
allegiance for persons with disabilities as a reasonable accommodation 
requirement under section 504 of the Rehabilitation Act of 1975. As 
stated in the March 19, 1997, final rule, the Service has not addressed 
the issue of the oath requirement in this rulemaking since Congress did 
not amend section 337 of the Act in the 1994 Technical Corrections Act. 
The Service will continue to adhere to the tenets of the Rehabilitation 
Act and make reasonable accommodations (e.g., off-site oath ceremonies) 
in cases where individuals are unable, by reason of a disability, to 
take the oath of allegiance in the customary way. Such accommodations 
remain available for individuals who are disabled who signal their 
willingness to become United States citizens and to give up citizenship 
in other countries.
    Twenty-five commenters requested that the Form N-648 be revised so 
health care providers can complete the form and provide information 
about the applicant in a more comprehensive and understandable manner. 
The Service has made minor revisions to the Form N-648 to make it more 
``user-friendly.'' On the original Form N-648, health care providers 
were required to complete question 3, providing a comprehensive medical 
diagnosis of the applicant and description of why the applicant cannot 
meet the basic English language and/or U.S. history and civics 
requirements. In addition, if the applicant has a mental disability or 
impairment, health care providers were required to include the 
Diagnostic and Statistical manual of Mental Disorders (DSM) diagnosis. 
The Service found that many health care providers were not responding 
fully to question 3. The Service, therefore, has expanded this 
question, creating three new questions to ensure a more accurate and 
complete response. The Service also has eliminated the second part of 
question 4, regarding when an applicant's condition was first 
manifested. The Service believes this question is addressed in response 
to one of the other questions.

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 impact on a substantial number of 
small entities. This rule is amended to add licensed doctors of 
osteopathy (Dos) as health care providers authorized to complete the 
Form N-648 and to revise portions of the Form N-648 for easier 
completion by health care providers.

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).

Executive Order 12612

    This regulation will not have substantial direct effect on the 
States, on the relationship between the National Government and the 
States, or 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 1 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 Fairness 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, Civil Justice Reform

    This final rule meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988.

Paperwork Reduction Act

    The information collection requirement (Form N-648) which was 
previously approved by the Office of Management and Budget (OMB) under 
OMB control number 1115-0205, has been revised. Accordingly, under the 
Paperwork Reduction Act (PRA), the Service will forward this revised 
information to OMB for review and approval in accordance with 5 CFR 
part 1320. Interested parties will have the opportunity to comment on 
changes to the form under established PRA clearance procedures.

[[Page 7993]]

List of Subjects

8 CFR Part 312

    Citizenship and naturalization, Education.

8 CFR Part 499

    Citizenship and naturalization.

    Accordingly, chapter I of title 8 of the Code of Federal 
Regulations is amended as follows:

PART 312--EDUCATIONAL REQUIREMENTS FOR NATURALIZATION

    1. The authority citation for part 312 continues to read as 
follows:

    Authority: 8 U.S.C. 1103, 1423, 1443, 1447, 1448.


Sec. 312.1  [Amended]

    2. Section 312.1(b)(3) is amended in the last sentence by revising 
the phrase ``clinical and laboratory'' to read ``clinical or 
laboratory.''


Sec. 312.2  [Amended]

    3. Section 312.2(b)(1) is amended in the last sentence by revising 
the phrase ``clinical and laboratory'' to read ``clinical or 
laboratory''.
    4. Section 312.2(b)(2) is amended in the first sentence by revising 
the phrase ``medical doctor'' to read ``medical or osteopathic 
doctor''.

PART 499--NATIONALITY FORMS

    5. The authority citation for part 499 continues to read as 
follows:

    Authority: 8 U.S.C. 1103; 8 CFR part 2.

    6. Section 499.1 is amended in the table by revising the entry for 
Form ``N-648'' to read as follows:


Sec. 499.1  Prescribed forms.

* * * * *

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           Form No.                Edition date    Title and description
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*                  *                  *                  *
                  *                  *                  *
N-648.........................  2-4-99...........  Medical Certification
                                                    for Disability
                                                    Exceptions.
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    Dated: February 10, 1999.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 99-3985 Filed 2-17-99; 8:45 am]
BILLING CODE 4410-10-M