26138 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Notices 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of Operations Coordination; 

Homeland Security Information 

Network Advisory Council 

AGENCY: Office of Operations 

Coordination, DHS. 

ACTION: Committee Management; 

Request for Applicants for Appointment 

to the Homeland Security Information 

Network Advisory Council. 

SUMMARY: The Office of Operations 

Coordination at the Department of 

Homeland Security is requesting 

individuals who are interested in 

serving on the Homeland Security 

Information Network Advisory Council 

(HSINAC) to apply for appointment. 

The HSINAC provides advice and 

makes recommendations to the 

leadership of the Department of 

Homeland Security, particularly the 

Director, Office of Operations 

Coordination, on the requirements of 

end users within State, Local, Federal 

and Tribal governments and the Private 

Sector regarding the Homeland Security 

Information Network (HSIN). 

DATES: Applications for membership 

should reach the Department of 

Homeland Security at the address below 

on or before June 22, 2007. 

ADDRESSES: If you wish to apply for 

membership, your application should be 

submitted by: 

• E-mail: hsinac.comments@dhs.gov. 

• Fax: 202–282–8191. 

FOR FURTHER INFORMATION CONTACT: 

David Castillo, 202–282–9580. 

SUPPLEMENTARY INFORMATION: The 

Homeland Security Information 

Network Advisory Committee is an 

advisory committee established in 

accordance with the provisions of the 

Federal Advisory Committee Act 

(FACA) 5 U.S.C. App. (Pub. L. 92–463). 

HSINAC membership shall include 

not more than 20 representatives from 

State, Tribal and Local governments and 

the Private Sector, who are outstanding 

within their specialty field, and who 

have the experience to ensure the 

Director, and DHS leadership, is 

informed of the needs and requirements 

of the information network users and 

communities of users. Members will be 

drawn from currently serving Homeland 

Security Advisors; State, Tribal, or Local 

Law Enforcement; Federal Law 

Enforcement; the Fire Service; Public 

Health; Emergency Managers; and, the 

Private Sector. 

The committee will convene no more 

than twice per year. Travel and per 

diem will be provided by the 

Department. Term length shall generally 

be 3 years. The initial members of the 

HSINAC shall be appointed to terms of 

office of 2, 3, and 4 years in order to 

promote continuity and an orderly 

turnover of committee membership. 

A security clearance is preferred, but 

is not a requirement for appointment to 

the committee. Those applicants who do 

not have a security clearance may be 

required to undergo a background 

investigation. 

HSINAC members will be appointed 

as Special Government Employees 

(SGEs) as such term is defined for 

purposes of 18 U.S.C. 202(a). 

Appointments will be made by the 

Department of Homeland Security 

Secretary who will receive 

recommendations from the Office of 

Operations Coordination Director. 

As candidates for appointment as 

SGEs, applicants are required to 

complete Confidential Financial 

Disclosure Reports (OGE Form 450). 

DHS may not release the reports or the 

information in them to the public except 

under an order issued by a Federal court 

or as otherwise provided under the 

Privacy Act (5 U.S.C. 552a). Applicants 

can obtain this form by going to the Web 

site of the Office of Government Ethics 

(http://www.oge.gov), or by contacting 

David Castillo at the number listed 

above. Applications which are not 

accompanied by a completed OGE Form 

450 will not be considered. 

In support of the policy of the 

Department of Homeland Security on 

gender and ethnic diversity, qualified 

women and minorities are encouraged 

to apply for membership. 

Dated: April 30, 2007. 

Roger Rufe, Jr., 

Director, Office of Operations Coordination, 

U.S. Department of Homeland Security. 

[FR Doc. E7–8739 Filed 5–7–07; 8:45 am] 

BILLING CODE 4410–10–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. 

DATES: This determination is effective 

April 27, 2007. 

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 (‘‘the Act’’), considering 

the national security and foreign policy 

interests deemed relevant in these 

consultations, that subsection 

212(a)(3)(B)(iv)(VI) of the Act shall not 

apply with respect to material support 

provided under duress to a terrorist 

organization as described in subsection 

212(a)(3)(B)(vi)(I) or subsection 

212(a)(3)(B)(vi)(II) if warranted by the 

totality of the circumstances. 

This exercise of authority as a matter 

of discretion shall apply to an alien who 

satisfies the agency that he: 

(a) Is seeking a benefit or protection 

under the Act and has been determined 

to be otherwise eligible for the benefit 

or protection; 

(b) Has undergone and passed 

relevant background and security 

checks; 

(c) Has fully disclosed, in all relevant 

applications and interviews with U.S. 

Government representatives and agents, 

the nature and circumstances of each 

provision of such material support; and 

(d) Poses no danger to the safety and 

security of the United States. 

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). USCIS has 

discretion to determine whether the 

criteria are met. 

When determining whether the 

material support was provided under 

duress, the following factors, among 

others, may be considered: whether the 

applicant reasonably could have 

avoided, or took steps to avoid, 

providing material support, the severity 

and type of harm inflicted or threatened, 

to whom the harm was directed, and, in 

cases of threats alone, 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 material support provided, the nature 

of the activities committed by the 

terrorist organization, the alien’s 

awareness of those activities, the length 

of time since material support was 

provided, the alien’s conduct since that 

time, and any other relevant factor. 

I may revoke this exercise of authority 

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 shall apply 


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