Exercise of Authority Under the Immigration and Nationality Act, 66037-66038 [2013-26262]

Download as PDF TKELLEY on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 213 / Monday, November 4, 2013 / Notices interests deemed relevant in these consultations, that paragraphs (i)(VIII), (iv)(IV), (iv)(V), and (iv)(VI) of section 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B), shall not apply with respect to an, for solicitation of funds or other things of value for; solicitation of any individual for membership; the provision of material support to; who received military-type training from or on behalf of the Democratic Movement for the Liberation of Eritrean Kunama (DMLEK), provided that the alien satisfies the relevant agency authority that the alien: (a) is seeking a benefit or protection under the INA and has been determined to be otherwise eligible for the benefit or protection; (b) has undergone and passed all relevant background and security checks; (c) has fully disclosed, to the best of his or her knowledge, in all relevant applications and interviews with U.S. government representatives and agents, the nature and circumstances of each instance of military-type training, solicitation, and material support, and any other activity or association falling within the scope of section 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B); (d) has not participated in, or knowingly provided material support to, terrorist activities that targeted noncombatant persons or U.S. interests; (e) poses no danger to the safety and security of the United States; and (f) warrants an exemption from the relevant inadmissibility provision(s) in the totality of the circumstances. Implementation of this determination will be made by U.S. Citizenship and Immigration Services (USCIS), in consultation with U.S. Immigration and Customs Enforcement (ICE), or by U.S. consular officers, as applicable, who shall ascertain, to their satisfaction, and in their discretion, that the particular applicant meets each of the criteria set forth above. This exercise of authority may be revoked as a matter of discretion and without notice at any time, with respect to any and all persons subject to it. Any determination made under this exercise of authority as set out above can inform but shall not control a decision regarding any subsequent benefit or protection application, unless such exercise of authority has been revoked. This exercise of authority shall not be construed to prejudice, in any way, the ability of the U.S. government to commence subsequent criminal or civil proceedings in accordance with U.S. law involving any beneficiary of this exercise of authority (or any other person). This exercise of authority VerDate Mar<15>2010 17:07 Nov 01, 2013 Jkt 232001 creates no substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C. 1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of authority is applied, on the basis of case-by-case decisions by the U.S. Department of Homeland Security or by the U.S. Department of State, shall be provided to the specified congressional committees not later than 90 days after the end of the fiscal year. This determination is based on an assessment related to the national security and foreign policy interests of the United States as they apply to the particular persons described herein and shall not have any application with respect to other persons or to other provisions of U.S. law. Dated: October 17, 2013. Rand Beers, Acting Secretary of Homeland Security. [FR Doc. 2013–26263 Filed 11–1–13; 8:45 am] BILLING CODE 9110–9M–P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Exercise of Authority Under the Immigration and Nationality Act Office of the Secretary, DHS. Notice of determination. AGENCY: ACTION: Authority: 8 U.S.C. 1182(d)(3)(B)(i). Following consultations with the Secretary of State and the Attorney General, I hereby conclude, as a matter of discretion in accordance with the authority granted to me by section 212(d)(3)(B)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended, as well as the foreign policy and national security interests deemed relevant in these consultations, that paragraphs (i)(VIII), (iv)(IV), (iv)(V), and (iv)(VI) of section 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B), shall not apply with respect to an alien who: (a) On or after January 1, 1980, solicited funds or other things of value for; solicited any individual for membership in; provided material support to; or received military-type training from or on behalf of the Eritrean Liberation Front (ELF); or (b) prior to January 1, 1980, engaged in the conduct described above with respect to the ELF and was previously PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 66037 granted asylum or admitted as a refugee under the INA on or before the date of this Exercise of Authority, or is the beneficiary of an I–730 Refugee/Asylee Relative Petition filed at any time by such an asylee or admitted refugee, provided that the alien satisfies the relevant agency authority that the alien: (a) Is seeking a benefit or protection under the INA and has been determined to be otherwise eligible for the benefit or protection; (b) has undergone and passed all relevant background and security checks; (c) has fully disclosed, to the best of his or her knowledge, in all relevant applications and interviews with U.S. government representatives and agents, the nature and circumstances of each instance of solicitation, material support, and military-type training, and any other activity or association falling within the scope of section 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B); (d) has not participated in, or knowingly provided material support to, terrorist activities that targeted noncombatant persons or U.S. interests; (e) poses no danger to the safety and security of the United States; and (f) warrants an exemption from the relevant inadmissibility provision(s) in the totality of the circumstances. Implementation of this determination will be made by U.S. Citizenship and Immigration Services (USCIS), in consultation with U.S. Immigration and Customs Enforcement (ICE), or by U.S. consular officers, as applicable, who shall ascertain, to their satisfaction, and in their discretion, that the particular applicant meets each of the criteria set forth above. This exercise of authority may be revoked as a matter of discretion and without notice at any time, with respect to any and all persons subject to it. Any determination made under this exercise of authority as set out above can inform but shall not control a decision regarding any subsequent benefit or protection application, unless such exercise of authority has been revoked. This exercise of authority shall not be construed to prejudice, in any way, the ability of the U.S. government to commence subsequent criminal or civil proceedings in accordance with U.S. law involving any beneficiary of this exercise of authority (or any other person). This exercise of authority creates no substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C. E:\FR\FM\04NON1.SGM 04NON1 66038 Federal Register / Vol. 78, No. 213 / Monday, November 4, 2013 / Notices 1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of authority is applied, on the basis of case-by-case decisions by the U.S. Department of Homeland Security or by the U.S. Department of State, shall be provided to the specified congressional committees not later than 90 days after the end of the fiscal year. This determination is based on an assessment related to the national security and foreign policy interests of the United States as they apply to the particular persons described herein and shall not have any application with respect to other persons or to other provisions of U.S. law. Dated: October 17, 2013. Rand Beers, Acting Secretary of Homeland Security. Correction In the Federal Register of September 19, 2013, in FR Vol. 78, No. 182, on page 57644, in the third column, correct the SUPPLEMENTARY INFORMATION caption to read: CIPAC represents a partnership between the Federal Government and critical infrastructure owners and operators, and provides a forum in which they can engage in a broad spectrum of activities to support and coordinate critical infrastructure security and resilience. The November 5, 2013, meeting will include topic-specific discussions focused on partnership efforts to enhance critical infrastructure resilience. Topics, such as Critical Infrastructure Security and Resilience and Cybersecurity, will be discussed. Dated: October 28, 2013. Larry May, Designated Federal Officer for the CIPAC. [FR Doc. 2013–26262 Filed 11–1–13; 8:45 am] BILLING CODE 9110–9M–P The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. W. Craig Fugate, Administrator, Federal Emergency Management Agency. [FR Doc. 2013–26243 Filed 11–1–13; 8:45 am] BILLING CODE 9111–23–P [FR Doc. 2013–26246 Filed 11–1–13; 8:45 am] BILLING CODE 4410–10–P DEPARTMENT OF HOMELAND SECURITY Critical Infrastructure Partnership Advisory Council (CIPAC); Correction. National Protection and Programs Directorate, DHS. ACTION: Committee Management; Notice of an open Federal Advisory Committee Meeting; Corrections. AGENCY: The National Protection and Programs Directorate published a document in the Federal Register of September 19, 2013, concerning the Critical Infrastructure Partnership Advisory Council (CIPAC) Plenary Meeting on November 5, 2013. The document contained incorrect dates in two locations described below. FOR FURTHER INFORMATION CONTACT: Renee Murphy, Critical Infrastructure Partnership Advisory Council Alternate Designated Federal Officer, telephone (703) 235–3999. SUMMARY: TKELLEY on DSK3SPTVN1PROD with NOTICES Correction In the Federal Register of September 19, 2013, in FR Vol. 78, No. 182, on page 57644, in the second column, correct the ADDRESSES caption to read: Written comments are welcome at any time prior to or following the meeting. Written comments may be sent to Renee Murphy, Department of Homeland Security, National Protection and Programs Directorate, 245 Murray Lane, SW., Mail Stop 0607, Arlington, VA 20598–0607. For consideration in the CIPAC deliberations, written comments must be received by Renee Murphy by no later than 12:00PM on November 4, 2013, identified by Federal Register Docket Number DHS–2013–0050 and may be submitted by one of the following methods: VerDate Mar<15>2010 18:27 Nov 01, 2013 Jkt 232001 DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA–4145– DR; Docket ID FEMA–2013–0001] Colorado; Amendment No. 8 to Notice of a Major Disaster Declaration Federal Emergency Management Agency, DHS. ACTION: Notice. AGENCY: Fremont County for Individual Assistance. Morgan County for Individual Assistance (already designated for Public Assistance). Arapahoe County for Public Assistance (already designated for Individual Assistance). Crowley, Denver, Fremont, Gilpin, Lake, Lincoln, Sedgwick Counties for Public Assistance. Frm 00079 Fmt 4703 Sfmt 4703 U. S. Customs and Border Protection Agency Information Collection Activities: Application for Exportation of Articles Under Special Bond U.S. Customs and Border Protection, Department of Homeland Security. ACTION: 30-Day notice and request for comments; Extension of an existing information collection: 1651–0004. AGENCY: U.S. Customs and Border Protection (CBP) of the Department of Homeland Security will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: Application for Exportation of Articles under Special Bond (CBP Form 3495). This is a proposed extension of an information collection that was previously approved. CBP is proposing that this information collection be extended with no change to the burden hours. This document is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register on August 15, 2013 (Volume 78, Page 47761), allowing for a 60-day comment period. This notice allows for an additional 30 days for public comments. This process is conducted in accordance with 5 CFR 1320.10. DATES: Written comments should be received on or before December 4, 2013 to be assured of consideration. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Colorado (FEMA–4145–DR), dated September 14, 2013, and related determinations. DATES: Effective Date: October 21, 2013. FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2833. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Colorado is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of September 14, 2013. SUMMARY: PO 00000 DEPARTMENT OF HOMELAND SECURITY E:\FR\FM\04NON1.SGM 04NON1

Agencies

[Federal Register Volume 78, Number 213 (Monday, November 4, 2013)]
[Notices]
[Pages 66037-66038]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26262]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary


Exercise of Authority Under the Immigration and Nationality Act

AGENCY: Office of the Secretary, DHS.

ACTION: Notice of determination.

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    Authority: 8 U.S.C. 1182(d)(3)(B)(i).

    Following consultations with the Secretary of State and the 
Attorney General, I hereby conclude, as a matter of discretion in 
accordance with the authority granted to me by section 212(d)(3)(B)(i) 
of the Immigration and Nationality Act (INA), 8 U.S.C. 
1182(d)(3)(B)(i), as amended, as well as the foreign policy and 
national security interests deemed relevant in these consultations, 
that paragraphs (i)(VIII), (iv)(IV), (iv)(V), and (iv)(VI) of section 
212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B), shall not apply with 
respect to an alien who:
    (a) On or after January 1, 1980, solicited funds or other things of 
value for; solicited any individual for membership in; provided 
material support to; or received military-type training from or on 
behalf of the Eritrean Liberation Front (ELF); or
    (b) prior to January 1, 1980, engaged in the conduct described 
above with respect to the ELF and was previously granted asylum or 
admitted as a refugee under the INA on or before the date of this 
Exercise of Authority, or is the beneficiary of an I-730 Refugee/Asylee 
Relative Petition filed at any time by such an asylee or admitted 
refugee, provided that the alien satisfies the relevant agency 
authority that the alien:
    (a) Is seeking a benefit or protection under the INA and has been 
determined to be otherwise eligible for the benefit or protection;
    (b) has undergone and passed all relevant background and security 
checks;
    (c) has fully disclosed, to the best of his or her knowledge, in 
all relevant applications and interviews with U.S. government 
representatives and agents, the nature and circumstances of each 
instance of solicitation, material support, and military-type training, 
and any other activity or association falling within the scope of 
section 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B);
    (d) has not participated in, or knowingly provided material support 
to, terrorist activities that targeted noncombatant persons or U.S. 
interests;
    (e) poses no danger to the safety and security of the United 
States; and
    (f) warrants an exemption from the relevant inadmissibility 
provision(s) in the totality of the circumstances.
    Implementation of this determination will be made by U.S. 
Citizenship and Immigration Services (USCIS), in consultation with U.S. 
Immigration and Customs Enforcement (ICE), or by U.S. consular 
officers, as applicable, who shall ascertain, to their satisfaction, 
and in their discretion, that the particular applicant meets each of 
the criteria set forth above.
    This exercise of authority may be revoked as a matter of discretion 
and without notice at any time, with respect to any and all persons 
subject to it. Any determination made under this exercise of authority 
as set out above can inform but shall not control a decision regarding 
any subsequent benefit or protection application, unless such exercise 
of authority has been revoked.
    This exercise of authority shall not be construed to prejudice, in 
any way, the ability of the U.S. government to commence subsequent 
criminal or civil proceedings in accordance with U.S. law involving any 
beneficiary of this exercise of authority (or any other person). This 
exercise of authority creates no substantive or procedural right or 
benefit that is legally enforceable by any party against the United 
States or its agencies or officers or any other person.
    In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C.

[[Page 66038]]

1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of 
authority is applied, on the basis of case-by-case decisions by the 
U.S. Department of Homeland Security or by the U.S. Department of 
State, shall be provided to the specified congressional committees not 
later than 90 days after the end of the fiscal year.
    This determination is based on an assessment related to the 
national security and foreign policy interests of the United States as 
they apply to the particular persons described herein and shall not 
have any application with respect to other persons or to other 
provisions of U.S. law.

    Dated: October 17, 2013.
Rand Beers,
Acting Secretary of Homeland Security.
[FR Doc. 2013-26262 Filed 11-1-13; 8:45 am]
BILLING CODE 9110-9M-P