[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
* * * * *
------------------------------------------------------------------------
Form No. Edition date Title and description
------------------------------------------------------------------------
* * * *
* * *
N-648......................... 2-4-99........... Medical Certification
for Disability
Exceptions.
------------------------------------------------------------------------
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