The test of a petitioner's knowledge of the history and form of government of the United States shall be given in the English language unless he is exempt from speaking English. The scope of the testing shall be limited primarily to subject matters covered in the Federal Textbooks on Citizenship. In choosing the subject matters and in phrasing questions, due consideration shall be given to the extent of the petitioner's education, background, age, length of residence in the United States, opportunities available and efforts made to acquire the requisite knowledge, and any other elements or factors relevant to an appraisal of the adequacy of his knowledge and understanding.

$312.3 Failure to meet educational and literacy requirements.

A petitioner for naturalization who fails to pass the English literacy or educational tests at the preliminary investigation or preliminary examination shall be afforded a second opportunity to pass the tests before the petition for naturalization is calendared for final hearing and, if needed, a final opportunity at the time of final hearing before the naturalization court. (38 F.R. 8592, Apr. 4, 1973]

PART 316a-RESIDENCE, PHYSICAL, PRESENCE AND ABSENCE

Sec. 316a.1

316a.2 316a.3

316a.4

Absence for which benefits of section 307
(b) or 308 of the Nationality Act of 1940
have been granted; effect on continuous
residence requirement.

American institutions of research.
Public international organizations of which
the United States is a member by treaty
or statute.

International Organizations Immunities Act designations. 316a.21 Application for benefits with respect to absences; appeal.

AUTHORITY: The provisions of this Part 316a issued under secs. 103, 316, 317, 332, 405, 66 Stat. 173, 242, 243, 252, 280; 8 U.S.C. 1103, 1427, 1428, 1443, 1101 note.

not it continued beyond that date, in connection with which an application for exemption from the usual residence requirements under the naturalization laws was made under section 307 (b) or 308 of the Nationality Act of 1940 and acted upon favorably by the Attorney General, shall be regarded as having broken the continuity of residence required by section 316 (a) of the Immigration and Nationality Act, provided that satisfactory proof that the absence was for a purpose described in section 307 (b) or 308 of the Nationality Act of 1940, is presented to the court, and provided that the provisions of section 316 (a) of the Immigration and Nationality Act are otherwise complied with.

[22 F.R. 9813, Dec. 6, 1957]

§316a.2

American institutions of research.

The following-listed organizations have been determined to be American Institutions of research recognized by the Attorney General: Albert Einstein College of Medicine of Yeshiva University (only in relationship to its research programs).

American Friends of the Middle East, Inc.
American Institutes of Research in the Behavioral
Sciences (only in relationship to research projects
abroad).

American Universities Field Staff, Inc.

American University, The, Cairo, Egypt.

American University of Beirut (Near East College Associations).

Arctic Institute of North America, Inc.

Armour Research Foundation of Illinois Institute of Technology.

Asia Foundation, The (formerly Committee for a Free Asia, Inc.).

Association of Universities for Research in Astronomy (AURA, Inc.), Tucson, Arizona.

Atomic Bomb Casualty Commission.

Bermuda Biological Station for Research, Inc.

Bernice P. Biship museum of Polynesian Antiquities, ethnology and Natural History at Honolulu, Hawaii.

Brookhaven National Laboratory, Associated Universities, Inc.

Brown University (Department of Engineering),
Providence, R.I.

Buffalo Eye Bank and Research Society, Inc.
Burma Office of Robert N. Nathan Associates, Inc.
California State University at Long Beach, Depart-
ment of Geological Sciences.

Carleton College (Department of Sociology and
Anthropology), Northfield, Minnesota.

Center of Alcohol Studies, Laboratory of Applied
Biodynamics of Yale University.

Central Registry of Jewish Losses in Egypt.
College of Engineering, University of Wisconsin.
College of Medicine, State University of New York.
Colorado State University (Research Foundation),
Fort Collins, Colo.

Colorado University (International Economic Studies Center), Boulder, Colo.

Columbia University (Parker School of Foreign and Comparative Law) and (Faculty of Pure Science), New York, N.Y.

Cornell University (International

Agricultural Development, University of the Philippines-Cornell University Graduate Education Program). Dartmouth Medical School

Department of French, Department of Scandinavian Languages, and Department of Near Eastern Languages of the University of California, Berkeley, Calif.

Duke University.

Fletcher School of Law and Diplomacy, Medford, Mass.

Ford Foundation, 477 Madison Avenue, New York, N.Y.

Free Europe, Inc. (formerly Free Europe Committee, Inc.; National Committee for a Free Europe (including Radio Free Europe)).

George Williams Hooper Foundation, San Francisco Medical Center, University of California, San Francisco, Calif.

Gorgas Memorial Institute of Tropical and Preventive Medicine, Inc., and its operating unit, the Gorgas Memorial Laboratory.

Graduate Faculty of Political and Social Science
Division of the New School for Social Research,
New York, N.Y.

Harvard Institute for International Development.
Harvard-Yenching Institute.

Humboldt State University, School of Natural
Resources, Wildlife Management Department.
Institute of International Studies, University of
California, Berkeley, Calif.

International Center for Social Research, New York,
N.Y.

Institute of International Education, Inc.
International Development Foundation, Inc.
International Development Services, Inc.
International Research Associates, Inc.

Inter-University Program for Chinese Language Studies (formerly Stanford Center for Chinese Studies) in Taipei, Taiwan.

Iran Foundation, Inc., The.

Kossuth Foundation, Inc., The, New York, N.Y.
Louisiana State University.

Massachusetts Institute of Technology.

Michigan State University (Department of Zoology), East Lansing, Michigan.

Natural Science Foundation, Philadelphia, Pennsyl

vania.

New York Zoological Society.
Paderewski Foundation, Inc.

Peabody Museum of Natural History of Yale University.

People to People Health Foundation, Inc., The (only in relationship to the scientific research activities that will be carried on abroad by the medical staff of the SS "Hope").

Pierce College (in relationship to research by an instructor, Department of Psychology), Athens, Greece.

Population Council, The, New York, N.Y.

Radio Liberty Committee, Inc. (formerly American Committee for Liberation, Inc.; American Committee for Liberation of the Peoples of Russia, Inc.; American Committee for Liberation from Bolshevism, Inc.).

Rockefeller Foundation.

School of International Relations of the University of Southern California.

SIRIMAR (Societa Internazionale Recerche Marine)
Division, Office of the Vice President for Research,
Pennsylvania State University.

Social Science Research Council.
Stanford Electronic Laboratories, Department of
Electrical Engineering, School of Engineering,
Stanford University, Stanford, Calif.

Stanford Research Institute, Menlo Park, Calif. Stanford University (the George Vanderbilt Foundation), Stanford, Calif.

Syracuse University.

Tulane University Graduate School.
Tulane University Medical School.
University of Alabama Medical Center.

University of Chicago (as a participant in the International Cooperation Administration Program No. W74 only).

University of Colorado (Department of History), Boulder, Colorado.

University of Hawaii, Honolulu, Hawaii.

University of Kansas, Office of International Programs.

University of Michigan (School of Natural Resources), Ann Arbor, Michigan.

University of Minnesota, Department of Plant Pathology (in relationship to research project abroad).

University of Nebraska Mission in Columbia, South
America.

University of Notre Dame, Notre Dame, Ind.
University of Puerto Rico.

University of Washington (Department of Marketing,
Transportation, and International Business) and
(The School of Public Health and Community
Medicine), Seattle, Wash.
Wenner-Gren Foundation

Research, Inc.

for

Anthropological

Williams College, Economic Department, Williamstown, Mass.

[32 F.R. 9634, July 4, 1967, as amended at 32 F.R. 13756, Oct. 3, 1967; 33 F.R. 255, Jan. 9, 1968; 33 F.R. 3370, Feb. 27, 1968; 33 F.R. 7485, May 21, 1968; 33 F.R. 9332, June 26, 1968; 34 F.R. 1008, Jan. 23, 1969; 34 F.R. 6036, Apr. 3, 1969; 34 F.R. 9061, June 7, 1969; 35 F.R. 4326, Mar. 11, 1970; 35 F.R. 10497, June 27, 1970; 35 F.R. 12268, July 31, 1970; 35 F.R. 16362, Oct. 20, 1970; 35 F.R. 18583, Dec. 8, 1970; 36 F.R. 11636, June 17, 1971; 36 F.R. 23619, Dec. 11, 1971; 37 F.R. 28046, Dec. 20, 1972; 38 F.R. 3188, Feb. 2, 1973; 38 F.R. 16632, June 25, 1973; 38 F.R. 29878, Oct. 30, 1973; 39 F.R. 3551, Jan. 28, 1974; 39 F.R. 17528, May 17, 1974; 40 F.R. 17744, Apr. 22, 1975; 40 F.R. 30470, July 21, 1975; 40 F.R. 50703, Oct. 31, 1975; 40 F.R. 58448, Dec. 17, 1975; 41 F.R. 34938, Aug. 18, 1976; 41 F.R. 46426, Oct. 21, 1976]

§316a.3 Public international organizations of which the United States is a member by treaty or statute.

The following-listed organizations have been determined to be public international organizations of which the United States is a member by treaty or statute:

The North Atlantic Treaty Organization. United Nations and all agencies and organizations which are a part thereof.

[32 F.R. 9634, July 4, 1967; 38 F.R. 29878, Oct. 30, 1973]

§316a.4 International Organizations Immunities Act designations.

The following public international organizations are entitled to enjoy the privileges, exemptions, and immunities provided for in the International Organizations Immunities Act, and are considered as public international organizations of which the United States is a member by treaty or statute within the meaning of section 316(b) of the Act and as public international organizations in which the United States participates by treaty or statute within the meaning of section 319(b) of the Act: Asian Development Bank (E.O. 11334, Mar. 7, 1967).

Caribbean Organization (E.O. 10983, Dec. 30, 1961).

Coffee Study Group (E.O. 10943, May 19, 1961). Customs Cooperation Council (E.D. 11596, June 5, 1971).

European Space Research Organization (ESRO) (E.O. 11760, Jan. 17, 1974).

Food and Agriculture Organization, The (E.O. 9698, Feb 19, 1946).

Great Lakes Fishery Commission (E.O. 11059. Oct. 23, 1962).

Inter-American Defense Board (E.O. 10228, Mar. 26, 1951).

Inter-American Development Bank (E.O. 10873, Apr. 8, 1960).

Inter-American Institute of Agricultural Sciences (E.O. 9751, July 11, 1946).

Inter-American Statistical Institute (E.O. 9751, July 11, 1946).

Inter-American Tropical Tuna Commission (E.O. 11059, Oct. 23, 1962). Intergovernmental Committee for European Migration (formerly the Provisional Intergovernmental Committee for the Movement of Migrants from Europe) (E.O. 10335, Mar. 28, 1952). Intergovernmental Maritime Consultative Organization (E.O. 10795, Dec. 13, 1958). International Atomic Energy Agency (E.O. 10727, Aug. 31, 1957).

International Bank for Reconstruction and Development (E.O. 9751, July 11, 1946).

International Civil Aviation Organization (E.O. 9863, May 31, 1947).

International Coffee Organization (E.O. 11225, May 22, 1965).

International Cotton Advisory Committee (E.O. 9911, Dec. 19, 1947).

International Cotton Institute (E.O. 11283, May 27, 1966).

International Finance Corporation (E.O. 10680, Oct. 2, 1956).

International Hydrographic Bureau (E.O. 10769, May 29, 1958).

International Joint Commission-United States and Canada (E.O. 9972, June 25, 1948).

International Labor Organization, The (functions through staff known as The International Labor Office) (E.O. 9698, Feb. 19, 1946).

International Monetary Fund (E.O. 9751, July 11, 1946).

International Pacific Halibut Commission (E.O.

11059, Oct. 23, 1962).

International Secretariat for Volunteer Service (E.O. 11363, July 20, 1967).

International Telecommunication Union (E.O. 9863, May 31, 1947

International Telecommunications Satellite Organization (INTELSAT) (E.O. 11718, May 14, 1973). International Wheat Advisory Committee (E.O. 9823, Jan. 24, 1947).

Organization for European Economic Cooperation
(E.O. 10133, June 27, 1950) (Now known as Or-
ganization for Economic Cooperation and Develop-
ment; 28 F.R. 2959, Mar. 26, 1963).
Organization of African Unity (OAU) (E.O. 11767,
Feb. 19, 1974).

Organization of American States (includes Pan
American Union) (E.O. 10533, June 3, 1954).
Pan American Health Organization (includes Pan
American Sanitary Bureau) (E.O. 10864, Feb. 18,
1960).

Preparatory Commission of the International Atomic Energy Agency (E.O. 10727, Aug. 31, 1957). Preparatory Commission for the International Refugee Organization and its successor, the International Refugee Organization (E.O. 9887, Aug. 22, 1947).

Southeast Asia Treaty Organization (E.O. 10866, Feb. 20, 1960).

South Pacific Commission (E.O. 10086, Nov. 25, 1949).

United International Bureau for the Protection of Intellectual Property (BIRPI) (E.O. 11484, Sept. 29, 1969).

United Nations, The (E.O. 9698, Feb. 19, 1946).
United Nations Educational, Scientific, and Cultural
Organizations (E.O. 9863, May 31, 1947).
Universal Postal Union (E.O. 10727, Aug. 31, 1957).
World Health Organization (E.O. 10025, Dec. 30,
1948).

World Meteorological Organization (E.O. 10676,
Sept. 1, 1956).

[32 F.R. 9634, July 4, 1967, as amended at 32 F.R. 11628, Aug. 11, 1967; 32 F.R. 13756, Oct. 3, 1967; 34 F.R. 1008, Jan 23, 1969; 34 F.R. 18086, Nov. 8, 1969; 36 F.R. 16636, June 17, 1971; 38 F.R. 16633, June 25, 1973; 39 F.R. 10885, Mar. 22, 1974; 39 F.R. 12336, Apr. 5, 1974]

clergyman, business associate or personal friend), provided that such requirement may be waived, as a matter of administrative discretion, in cases where adequate representation would not otherwise be available; and

(iv) His appearance is permitted by the official before whom he wished to appear (namely, a special inquiry officer, district director, officer-in-charge, regional commissioner, the Commissioner, or the Board), provided that such permission shall not be granted with respect to any individual who regularly engages in immigration and naturalization practice or preparation, or holds himself out to the public as qualified to do so.

(4) Accredited representatives. A person representing an organization described in $292.2 of this chapter who has been accredited by the Board.

(5) Accredited officials. An accredited official, in the United States, of the government to which an alien owes allegiance, if the official appears solely in his official capacity and with the alien's consent.

(6) Attorneys outside the United States. An attorney other than one described in §1.1(f) of this chapter, who does not maintain an office in the United States, who resides outside the United States and is licensed to practice law and in good standing in a court of general jurisdiction of the country in which he resides, and who is engaged in such practice.

(b) Persons formerly authorized to practice. A person, other than a representative of an organization described in §292.2 of this chapter, who on December 23, 1952, was authorized to practice before the Board and the Service may continue to act as a representative, subject to the provisions of §292.3 of this chapter.

(c) Former employees. No person previously employed by the Department of Justice shall be permitted to act as a representative in any case in violation of the provisions of 28 CFR 45.735-7.

(d) Amicus curiae. The Board may grant permission to appear, on a case-by-case basis, as amicus curiae, to an attorney or to an organization represented by an attorney, if the public interest will be served thereby.

(e) Except as set forth in this section, no other person or persons shall represent others in any case.

[40 F.R. 23271, May 29. 1975]

$292.2 Organizations qualified for recognition; requests for recognition; withdrawal

of recognition; accreditation of representatives; roster.

(a) Qualifications of organizations. A nonprofit religious, charitable, social service, or similar organization established in the United States and recognized as such by the Board may designate a representative or representatives to practice before the Service and the Board. Such organization must establish to the satisfaction of the Board that:

(1) It makes only nominal charges and assesses no excessive membership dues for persons given assistance; and

(2) It has at its disposal adequate knowledge, information and experience.

(b) Requests for recognition. An organization having the qualifications prescribed in paragraph (a) of this section may file a request for recognition on Form G-27 with a district director, regional commissioner or the Commissioner for transmittal to the Board. The Service shall forward the request, along with recommendations for approval or disapproval and reasons therefor. The organization and the Service shall be informed of the action taken by the Board.

(c) Withdrawal of recognition. The Board may withdraw the recognition of any organization which has failed to maintain the qualifications required by §292.2(a). Withdrawal of recognition may be accomplished in accordance with the following procedure:

(1) The Service, by the district director within whose jurisdiction the organization islocated, may conduct an investigation into any organization it believes no longer meets the standards for recognition.

(2) If the investigation establishes to the satisfaction of the district director that withdrawal proceedings should be instituted, he shall cause a written statement of the grounds upon which withdrawal is sought to be served upon the organization, with notice to show cause why its recognition should not be withdrawn. The notice will call upon the organization to appear before a special inquiry officer for a hearing at a time and place stated, not less than 30 days after service of the notice.

(3) The special inquiry officer shall hold a hearing, receive evidence, make findings of fact, state his recommendations, and forward the complete record to the Board.

(4) The organization and the Service shall have the opportunity of appearing at oral argument before the Board at a time specified by the Board.