Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Notices 14419 

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: January 7, 2011. 

Janet Napolitano, 

Secretary of Homeland Security. 

[FR Doc. 2011–6121 Filed 3–15–11; 8:45 am] 

BILLING CODE 9110–9M–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

Exercise of Authority Under Section 

212(d)(3)(B)(i) of the Immigration and 

Nationality Act 

AGENCY: Office of the Secretary, DHS. 

ACTION: Notice of determination. 

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 subsections 

212(a)(3)(B)(iv)(IV) and 

212(a)(3)(B)(iv)(V) of the INA, 8 U.S.C. 

1182(a)(3)(B)(iv)(IV) and 

1182(a)(3)(B)(iv)(V), shall not apply, 

with respect to an alien, for solicitation 

of funds or other things of value for a 

terrorist organization described in 

subsection 212(a)(3)(B)(vi), 8 U.S.C. 

1182(a)(3)(B)(vi), under duress, or for 

solicitation of any individual for 

membership in a terrorist organization 

described in subsection 212(a)(3)(B)(vi), 

8 U.S.C. 1182(a)(3)(B)(vi), under duress, 

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 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) Poses no danger to the safety and 

security of the United States; and 

(e) 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 

applicant meets each of the criteria set 

forth above. 

When determining whether the 

solicitation was provided under duress, 

the following factors, among others, may 

be considered: Whether the applicant 

reasonably could have avoided, or took 

steps to avoid, soliciting; the severity 

and type of harm inflicted or threatened 

and to whom the harm was directed; 

and the perceived imminence of the 

harm threatened and the perceived 

likelihood that the harm would be 

inflicted. 

When considering the totality of the 

circumstances, factors to be considered, 

in addition to the duress-related factors 

stated above, may include, among 

others: The amount, type, and frequency 

of solicitation provided; the nature of 

the activities committed by the terrorist 

organization; the alien’s awareness of 

those activities; the length of time since 

the solicitation was provided; the alien’s 

conduct since that time; and any other 

relevant factor. 

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. 

Dated: January 7, 2011. 

Janet Napolitano, 

Secretary of Homeland Security. 

[FR Doc. 2011–6122 Filed 3–15–11; 8:45 am] 

BILLING CODE 9110–9M–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

Agency Information Collection 

Activities: Form I–212; Extension of an 

Existing Information Collection; 

Comment Request 

ACTION: 60-Day Notice of Information 

Collection Under Review; Form I–212, 

Application for Permission to Reapply 

for Admission into the United States 

after Deportation or Removal; OMB 

Control No. 1615–0018. 

The Department Homeland Security, 

U.S. Citizenship and Immigration 

Services (USCIS) will be submitting the 

following information collection request 

for review and clearance in accordance 

with the Paperwork Reduction Act of 

1995. This information collection is 

published to obtain comments from the 

public and affected agencies. Comments 

are encouraged and will be accepted for 

sixty days until May 16, 2011. 

During this 60 day period, USCIS will 

be evaluating whether to revise the 

Form I–212. Should USCIS decide to 

revise Form I–212 we will advise the 

public when we publish the 30-day 

notice in the Federal Register in 

accordance with the Paperwork 

Reduction Act. The public will then 

have 30 days to comment on any 

revisions to the Form I–212. 

Written comments and/or suggestions 

regarding the item(s) contained in this 

notice, especially regarding the 

estimated public burden and associated 


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