[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Rules and Regulations]
[Pages 2785-2787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-578]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010 /
Rules and Regulations
[[Page 2785]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 328 and 329
[CIS No. 2479-09; DHS Docket No. DHS-2009-0025]
RIN 1615-AB85
Naturalization for Certain Persons in the U.S. Armed Forces
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Final rule.
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SUMMARY: This rule amends the Department of Homeland Security (DHS)
regulations by implementing a statutory amendment reducing from three
years to one year the length of time a member of the United States
Armed Forces has to serve to qualify for naturalization through service
in the Armed Forces. In addition, this rule amends DHS regulations by
implementing a statutory amendment to include as eligible for
naturalization individuals who served or are serving as members of the
Selected Reserve of the Ready Reserve of the U.S. Armed Forces during
specified periods of hostility. This rule also amends the regulations
to remove the requirement to submit Form G-325B, Biographic
Information, with Form N-400, Application for Naturalization, for
applicants applying for naturalization through service in the U.S.
Armed Forces. By eliminating the Form G-325B requirement, the rule will
reduce the response burden and amount of time it takes U.S. Armed
Forces members to complete the paperwork required with a naturalization
application.
DATES: This rule is effective February 18, 2010.
FOR FURTHER INFORMATION CONTACT: Kristie Krebs, Office of Field
Operations, U.S. Citizenship and Immigration Services, Department of
Homeland Security, 111 Massachusetts Avenue, NW., 2nd Floor,
Washington, DC 20529-2030; telephone number 202-272-1001. This is not a
toll-free number. Persons with hearing or speech impairments may access
this number via TTY by calling the Federal Information Relay Service at
800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
Prior to November 24, 2003, aliens who served in the U.S. Armed
Forces during peacetime were eligible for naturalization after serving
honorably for an aggregate period of three years. See Immigration &
Nationality Act (INA) sec. 328(a), 8 U.S.C. 1439(a) (2002) (amended
(2003)); 8 CFR 328.2(a). Additionally, aliens who served in the U.S.
Armed Forces during specific periods of hostilities were eligible for
naturalization without having served for any particular length of time
so long as the service was in active-duty status. See INA sec. 329(a),
8 U.S.C. 1440(a) (2002) (amended (2003)); 8 CFR 329.2(a).
On November 24, 2003, Congress amended these requirements in title
XVII of the National Defense Authorization Act for Fiscal Year 2004
(NDAA), (Pub. L. 108-136, 117 Stat. 1392 (2003)), and made them
effective as if enacted on September 11, 2001. The NDAA reduced from
three years to one year the period of military service required to
qualify for naturalization through service in the U.S. Armed Forces
during peacetime. See INA sec. 328(a); 8 U.S.C. 1439(a) (2003); see
also NDAA sec. 1701(c)(2). In addition, the NDAA extended the benefit
of naturalization not only to individuals who served honorably in an
active duty status during specified periods of hostilities, but also to
individuals who have served honorably as members of the Selected
Reserve of the Ready Reserve of the U.S. Armed Forces during such
periods of hostilities. See INA sec. 329(a); 8 U.S.C. 1440(a) (2003);
see also NDAA sec. 1702.
U.S. Citizenship and Immigration Services (USCIS) has been applying
these statutory amendments since the law was enacted on November 24,
2003. This final rule updates the regulations to reflect these
amendments. In addition, this rule removes an unnecessary paperwork
requirement in the naturalization application process for applicants
with qualifying service in the U.S. Armed Forces.
II. Discussion
A. One Year or More of Military Service
Current regulations at 8 CFR 328.2(b) continue to list three or
more years of service in the U.S. Armed Forces as an eligibility
requirement for naturalization based on service in the U.S. Armed
Forces. This final rule reduces the required number of years of service
to one or more years in order to conform the regulations to the
applicable statutory provision at section 328(a) of the INA, 8 U.S.C.
1439(a), as amended by the NDAA. See revised 8 CFR 328.2(b).
B. Service in the Selected Reserve of the Ready Reserve During Periods
of Hostilities
USCIS regulations, 8 CFR 329.2(a), currently limit eligibility for
naturalization based on service during specified periods of hostilities
to those who served honorably in an active duty status in the U.S.
Armed Forces. In conformance with the expansion of eligibility made by
the NDAA (see section 329(a) of the INA, 8 U.S.C. 1440(a)), this final
rule extends eligibility for naturalization to include those
individuals who have served honorably in the U.S. Armed Forces either
in an active duty status or as a member of the Selected Reserve of the
Ready Reserve. See revised 8 CFR 329.2(a). In addition, this rule
amends the title of 8 CFR part 329 to include service in the Selected
Reserve of the Ready Reserve. Currently, the title only lists active
duty service as a basis for naturalization where service occurred
during specified periods of hostilities.
C. Elimination of Requirement to Submit Form G-325B
Applicants applying for naturalization based on service in the U.S.
Armed Forces have been required to submit Form G-325B, Biographic
Information, along with Form N-400, Application for Naturalization. See
8 CFR 328.4, 329.4(a). Prior to 2001, USCIS sent applicants' completed
Forms G-325B to the Department of Defense (DoD) for background checks.
As part of improvements to this process, DoD authorized the USCIS in
2001 to conduct these background checks.
[[Page 2786]]
Subsequently, USCIS determined that the information collected on Form
N-400 (e.g., name, date of birth, Social Security number) was
sufficient to perform the background checks. Therefore, USCIS
discontinued sending Forms G-325B to DoD. Moreover, USCIS notes that it
does not use the G-325B in its adjudication of Forms N-400, or for any
other purpose.
Notwithstanding the discontinued use of Form G-325B, USCIS
regulations continue to require applicants to submit the form with
their naturalization applications. See 8 CFR 328.4 and 329.4(a).
However, continuing to require Form G-325B would needlessly increase
applicant response and USCIS processing times, as USCIS must issue a
Request for Evidence and place the case on hold if the Form G-325B is
not submitted with the Form N-400. Because the submission of a Form G-
325B no longer serves a purpose in the adjudication process, this rule
removes the Form G-325B submission requirement for applicants applying
for naturalization under section 328 or 329 of the INA. See revised 8
CFR 328.4 and 329.4(a).
III. Regulatory Requirements
A. Administrative Procedure Act
The Administrative Procedure Act (APA) provides that an agency may
dispense with notice and comment rulemaking procedures when an agency
is promulgating an interpretative rule, a general statement of policy,
or a rule of agency organization, procedure, or practice. See 5 U.S.C.
553(b)(A). The elimination of the requirement to submit Form G-325B is
procedural in nature and does not alter the substantive rights of
affected naturalization applicants. Accordingly, DHS finds that this
part of the rule is exempt from the notice and comment requirements
under the APA at 5 U.S.C. 553(b)(A).
The APA provides that an agency may dispense with notice and
comment rulemaking procedures when an agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' See 5 U.S.C. 553(b)(B). This rule amends DHS
regulations to conform with the changes made by the NDAA, reducing from
three years to one year the amount of time a member of the U.S. Armed
Forces has to serve to qualify for naturalization and extending the
benefit of expedited naturalization to members of the Selected Reserve
of the Ready Reserve. INA sec. 328(a), 329(a); 8 U.S.C. 1439(a),
1440(a). These requirements were mandated by statute and DHS has
applied these requirements since the law was enacted in 2003
(effective, with some exceptions, as if enacted on September 11, 2001).
DHS views the act of promulgating this part of the rule as both
ministerial and non-controversial. Accordingly, DHS finds that notice
and comment is unnecessary and that this part of the rule is except
from the notice and comment requirements under the APA at 5 U.S.C.
553(b)(B).
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121), requires Federal agencies to consider the
potential impact of regulations on small businesses, small governmental
jurisdictions, and small organizations during the development of their
rules. When an agency invokes the good cause exception under the
Administrative Procedure Act to make changes effective through an
interim final or final rule, the RFA does not require an agency to
prepare a regulatory flexibility analysis. DHS has determined in this
final rule that good cause exists under 5 U.S.C. 553(b) to exempt this
rule from the notice and comment. Therefore, a regulatory flexibility
analysis is not required for this rule. However, DHS does expect that
this rule will not have a significant economic impact on a substantial
number of small entities because it affects only individuals.
C. Executive Order 12866
This rule is not a significant regulatory action as defined under
Executive Order 12866, section 3(f), Regulatory Planning and Review.
Thus it has not been reviewed by the Office of Management and Budget
(OMB).
D. 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.
E. Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996. See 5
U.S.C. 804. 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 the United States-based
companies to compete with foreign-based companies in domestic and
export markets.
F. Executive Order 13132: Federalism
This rule will not have substantial direct effects 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 section 6 of
Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
G. Executive Order 12988: Civil Justice Reform
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
H. Paperwork Reduction Act of 1995 (PRA)
Under the Paperwork Reduction Act of 1995, Public Law 104-13, 109
Stat. 163 (1995), all Departments are required to submit to OMB, for
review and approval, any reporting or recordkeeping requirements
inherent in a rule. This rulemaking does not propose to impose any new
reporting or recordkeeping requirements under the PRA.
OMB previously approved the use of forms G-325, G-325A, G-325B, and
G-325C under the same OMB Control No. 1615-0008. Removing the
requirement to submit Form G-325B will reduce the number of respondents
and annual burden hours associated with OMB Control No. 1615-0008.
Accordingly, USCIS will submit the Form OMB 83-C, Correction Worksheet,
to OMB to reduce the annual number of respondents and annual burden
hours.
List of Subjects
8 CFR Part 328
Citizenship and naturalization, Military personnel, Armed Forces
personnel, Application requirements, Residency requirements.
8 CFR Part 329
Citizenship and naturalization, Military personnel, Armed Forces
personnel, Application requirements.
0
Accordingly, chapter I of Title 8 of the Code of Federal Regulations is
amended as follows:
[[Page 2787]]
PART 328--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED:
PERSONS WITH 1 YEAR OF SERVICE IN THE UNITED STATES ARMED FORCES
0
1. The heading for part 328 is revised as set forth above.
0
2. The authority citation for part 328 continues to read as follows:
Authority: 8 U.S.C. 1103, 1439, 1443.
0
3. Section 328.2 is amended by revising paragraph (b) to read as
follows:
Sec. 328.2 Eligibility.
* * * * *
(b) Has served under paragraph (a) of this section for a period of
1 or more years, whether that service is continuous or discontinuous;
* * * * *
0
4. Section 328.4 is amended by revising the last sentence to read as
follows:
Sec. 328.4 Application.
* * * The application must be accompanied by Form N-426, Request
for Certification of Military or Naval Service.
PART 329--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED:
PERSONS WITH ACTIVE DUTY OR CERTAIN READY RESERVE SERVICE IN THE
UNITED STATES ARMED FORCES DURING SPECIFIED PERIODS OF HOSTILITIES
0
5. The heading for part 329 is revised as set forth above.
0
6. The authority citation for part 329 continues to read as follows:
Authority: 8 U.S.C. 1103, 1440, 1443; 8 CFR part 2.
0
7. Section 329.2 is amended by revising paragraph (a) introductory text
to read as follows:
Sec. 329.2. Eligibility.
* * * * *
(a) Has served honorably in the Armed Forces of the United States
as a member of the Selected Reserve of the Ready Reserve or in an
active duty status in the Armed Forces of the United States during:
* * * * *
0
8. Section 329.4 is amended by revising the last sentence of paragraph
(a) to read as follows:
Sec. 329.4. Application and evidence.
(a) Application. * * * The application must be accompanied by Form
N-426, Request for Certification of Military or Naval Service.
* * * * *
Janet Napolitano,
Secretary.
[FR Doc. 2010-578 Filed 1-15-10; 8:45 am]
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