Exercise of Authority Under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act, 6913-6914 [2014-02353]

Download as PDF Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Notices Time: 1:00 p.m. to 4:00 p.m. Agenda: To review and evaluate grant applications. Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. Contact Person: Barba Koroma, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3196, Bethesda, MD 20892, 301–594–3292, koromabm@mail.nih.gov. (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS). Dated: January 30, 2014. David Clary, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2014–02316 Filed 2–4–14; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Dated: January 30, 2014. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy. National Institutes of Health National Cancer Institute; Notice of Meeting [FR Doc. 2014–02322 Filed 2–4–14; 8:45 am] BILLING CODE 4140–01–P mstockstill on DSK4VPTVN1PROD with NOTICES Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the National Cancer Institute Board of Scientific Advisors. The meeting will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. Name of Committee: National Cancer Institute Board of Scientific Advisors. Date: March 6, 2014. Time: 9:00 a.m. to 5:00 p.m. Agenda: Director’s Report: Ongoing and New Business; Reports of Program Review Group(s); and Budget Presentations, Reports of Special Initiatives; RFA and RFP Concept Reviews; and Scientific Presentations. Place: National Institutes of Health, Building 31, 6th Floor, Conf. Rm. 10, 31 Center Drive, Bethesda, MD 20892. Contact Person: Paulette S. Gray, Ph.D., Executive Secretary, Division of Extramural Activities, National Cancer Institute—Shady Grove, National Institutes of Health, 9609 Medical Center Drive, 7th Floor, Rm. 7W444, Bethesda, MD 20892, 240–276–6340, grayp@ mail.nih.gov. Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person. VerDate Mar<15>2010 16:50 Feb 04, 2014 Jkt 232001 In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver’s license, or passport) and to state the purpose of their visit. Information is also available on the Institute’s/Center’s home page: http:// deainfo.nci.nih.gov/advisory/bsa/bsa.htm, where an agenda and any additional information for the meeting will be posted when available. (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS). DEPARTMENT OF HOMELAND SECURITY Office of the Secretary DEPARTMENT OF STATE Office of the Secretary Exercise of Authority Under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act Office of the Secretary, DHS; Office of the Secretary, DOS. ACTION: Notice of determination. AGENCIES: Authority: 8 U.S.C. 1182(d)(3)(B)(i) Following consultations with the Attorney General, the Secretary of Homeland Security and the Secretary of State have determined that grounds of inadmissibility at section 212(a)(3)(B) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(a)(3)(B), bar certain aliens who do not pose a national security or public safety risk from admission to the United States and from obtaining immigration benefits or other status. Accordingly, consistent with prior exercises of the exemption authority, the Secretary of Homeland Security and the Secretary of State, in consultation with the Attorney General, hereby conclude, as a matter of discretion in accordance with the PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 6913 authority granted by INA section 212(d)(3)(B)(i), 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 212(a)(3)(B)(iv)(VI)(bb) and (dd) of the INA, 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(bb) and (dd), shall not apply with respect to an alien who provided insignificant material support to an organization described in section 212(a)(3)(B)(vi)(III) of the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(III), or to a member of such an organization, or to an individual described in section 212(a)(3)(B)((iv)(VI)(bb) of the INA, 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(bb), 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, in all relevant applications and/or interviews with U.S. government representatives and agents, the nature and circumstances of any material support provided 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), as well as all contact with a terrorist organization and its members; (d) has not provided more than an insignificant amount of material support to a terrorist organization described in section 212(a)(3)(B)(vi)(III) of the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(III), or to a member of such an organization, or to an individual described in section 212(a)(3)(B)(iv)(VI)(bb) of the INA, 8 U.S.C. 1182 (a)(3)(B)(iv)(VI)(bb); (e) (1) has not provided the material support with any intent of furthering the terrorist or violent activities of the individual or organization; (2) has not provided material support that the alien knew or reasonably should have known could directly be used to engage in terrorist or violent activity; and (3) has not provided material support to any individual who the alien knew or reasonably should have known had committed or planned to commit a terrorist activity on behalf of a designated terrorist organization, as described in section 212(a)(3)(B)(vi)(I) or (II) of the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(I) or (II); (f) has not provided material support to terrorist activities that he or she knew or reasonably should have known targeted noncombatant persons, U.S. citizens, or U.S. interests; (g) has not provided material support that the alien knew or reasonably E:\FR\FM\05FEN1.SGM 05FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 6914 Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Notices should have known involved providing weapons, ammunition, explosives, or components thereof, or the transportation or concealment of such items; (h) has not provided material support in the form of military-type training (as defined in section 2339D(c)(1) of title 18, United States Code); (i) has not engaged in any other terrorist activity, including but not limited to providing material support to a designated terrorist organization, as described in section 212(a)(3)(B)(vi)(I) or (II) of the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(I) or (II), to which no other exemption applies; (j) poses no danger to the safety and security of the United States; and (k) warrants an exemption from the relevant inadmissibility provision 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 alien 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 applications, 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. 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 VerDate Mar<15>2010 16:50 Feb 04, 2014 Jkt 232001 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. Jeh Charles Johnson, Secretary of Homeland Security. John F. Kerry, Secretary of State. [FR Doc. 2014–02353 Filed 2–4–14; 8:45 am] BILLING CODE 9110–9M–P DEPARTMENT OF HOMELAND SECURITY Office of the Secretary DEPARTMENT OF STATE Office of the Secretary Exercise of Authority Under Section 212(d)(3)(B)(i) of the Immigration and Nationality Act Office of the Secretary, DHS; Office of the Secretary, DOS. ACTION: Notice of determination. AGENCY: Authority: 8 U.S.C. 1182(d)(3)(B)(i). Following consultations with the Attorney General, the Secretary of Homeland Security and the Secretary of State have determined that the grounds of inadmissibility at section 212(a)(3)(B) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(a)(3)(B), bar certain aliens who do not pose a national security or public safety risk from admission to the United States and from obtaining immigration benefits or other status. Accordingly, consistent with prior exercises of the exemption authority, the Secretary of Homeland Security and the Secretary of State, in consultation with the Attorney General, hereby conclude, as a matter of discretion in accordance with the authority granted by INA section 212(d)(3)(B)(i), 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 212(a)(3)(B)(iv)(VI)(bb) and (dd) of the INA, 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(bb) and (dd), shall not apply with respect to an alien who provided limited material support to an organization described in section 212(a)(3)(B)(vi)(III) of the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(III), or to a member of such an organization, or to an individual described in section 212(a)(3)(B)((iv)(VI)(bb) of the INA, 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(bb), that involves (1) certain routine commercial transactions or certain routine social PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 transactions (i.e., in the satisfaction of certain well-established or verifiable family, social, or cultural obligations), (2) certain humanitarian assistance, or (3) substantial pressure that does not rise to the level of duress, provided, however, 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, in all relevant applications and/or interviews with U.S. government representatives and agents, the nature and circumstances of any material support provided 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), as well as all contact with a terrorist organization and its members; (d) Has not provided the material support with any intent or desire to assist any terrorist organization or terrorist activity; (e) Has not provided material support (1) that the alien knew or reasonably should have known could directly be used to engage in terrorist or violent activity or (2) to any individual who the alien knew or reasonably should have known had committed or planned to commit a terrorist activity on behalf of a designated terrorist organization, as described in section 212(a)(3)(B)(vi)(I) or (II) of the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(I) or (II); (f) Has not provided material support to terrorist activities that he or she knew or reasonably should have known targeted noncombatant persons, U.S. citizens, or U.S. interests; (g) Has not provided material support that the alien knew or reasonably should have known involved providing weapons, ammunition, explosives, or components thereof, or the transportation or concealment of such items; (h) Has not provided material support in the form of military-type training (as defined in section 2339D(c)(1) of title 18, United States Code); (i) Has not engaged in any other terrorist activity, including but not limited to providing material support to a designated terrorist organization, as described in section 212(a)(3)(B)(vi)(I) or (II) of the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(I) or (II), to which no other exemption applies; (j) Poses no danger to the safety and security of the United States; and E:\FR\FM\05FEN1.SGM 05FEN1

Agencies

[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Notices]
[Pages 6913-6914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02353]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

DEPARTMENT OF STATE

Office of the Secretary


Exercise of Authority Under Section 212(d)(3)(B)(i) of the 
Immigration and Nationality Act

AGENCIES: Office of the Secretary, DHS; Office of the Secretary, DOS.

ACTION: Notice of determination.

-----------------------------------------------------------------------

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

    Following consultations with the Attorney General, the Secretary of 
Homeland Security and the Secretary of State have determined that 
grounds of inadmissibility at section 212(a)(3)(B) of the Immigration 
and Nationality Act (INA), 8 U.S.C. 1182(a)(3)(B), bar certain aliens 
who do not pose a national security or public safety risk from 
admission to the United States and from obtaining immigration benefits 
or other status. Accordingly, consistent with prior exercises of the 
exemption authority, the Secretary of Homeland Security and the 
Secretary of State, in consultation with the Attorney General, hereby 
conclude, as a matter of discretion in accordance with the authority 
granted by INA section 212(d)(3)(B)(i), 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 
212(a)(3)(B)(iv)(VI)(bb) and (dd) of the INA, 8 U.S.C. 
1182(a)(3)(B)(iv)(VI)(bb) and (dd), shall not apply with respect to an 
alien who provided insignificant material support to an organization 
described in section 212(a)(3)(B)(vi)(III) of the INA, 8 U.S.C. 
1182(a)(3)(B)(vi)(III), or to a member of such an organization, or to 
an individual described in section 212(a)(3)(B)((iv)(VI)(bb) of the 
INA, 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(bb), 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, in all relevant applications and/or 
interviews with U.S. government representatives and agents, the nature 
and circumstances of any material support provided 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), as well as all contact 
with a terrorist organization and its members;
    (d) has not provided more than an insignificant amount of material 
support to a terrorist organization described in section 
212(a)(3)(B)(vi)(III) of the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(III), or 
to a member of such an organization, or to an individual described in 
section 212(a)(3)(B)(iv)(VI)(bb) of the INA, 8 U.S.C. 1182 
(a)(3)(B)(iv)(VI)(bb);
    (e) (1) has not provided the material support with any intent of 
furthering the terrorist or violent activities of the individual or 
organization; (2) has not provided material support that the alien knew 
or reasonably should have known could directly be used to engage in 
terrorist or violent activity; and (3) has not provided material 
support to any individual who the alien knew or reasonably should have 
known had committed or planned to commit a terrorist activity on behalf 
of a designated terrorist organization, as described in section 
212(a)(3)(B)(vi)(I) or (II) of the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(I) 
or (II);
    (f) has not provided material support to terrorist activities that 
he or she knew or reasonably should have known targeted noncombatant 
persons, U.S. citizens, or U.S. interests;
    (g) has not provided material support that the alien knew or 
reasonably

[[Page 6914]]

should have known involved providing weapons, ammunition, explosives, 
or components thereof, or the transportation or concealment of such 
items;
    (h) has not provided material support in the form of military-type 
training (as defined in section 2339D(c)(1) of title 18, United States 
Code);
    (i) has not engaged in any other terrorist activity, including but 
not limited to providing material support to a designated terrorist 
organization, as described in section 212(a)(3)(B)(vi)(I) or (II) of 
the INA, 8 U.S.C. 1182(a)(3)(B)(vi)(I) or (II), to which no other 
exemption applies;
    (j) poses no danger to the safety and security of the United 
States; and
    (k) warrants an exemption from the relevant inadmissibility 
provision 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 alien 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 applications, 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. 
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.

Jeh Charles Johnson,
Secretary of Homeland Security.
John F. Kerry,
Secretary of State.
[FR Doc. 2014-02353 Filed 2-4-14; 8:45 am]
BILLING CODE 9110-9M-P