37522 Federal Register / Vol. 87, No. 120 / Thursday, June 23, 2022 / Notices 

Special Emphasis Panel; Understanding and 

Targeting the Pathophysiology of Youthonset Type 2 Diabetes. 

Date: July 25, 2022. 

Time: 9:00 a.m. to 6:00 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: NIH/NIDDK, 6707 Democracy Blvd., 

Bethesda, MD 20892 (Teleconference 

Meeting). 

Contact Person: Paul A. Rushing, Ph.D., 

Scientific Review Officer, Review Branch, 

DEA, NIDDK, National Institutes of Health, 

Room 7345, 6707 Democracy Boulevard, 

Bethesda, MD 20892–5452, (301) 594–8895, 

rushingp@extra.niddk.nih.gov. 

(Catalogue of Federal Domestic Assistance 

Program Nos. 93.847, Diabetes, 

Endocrinology and Metabolic Research; 

93.848, Digestive Diseases and Nutrition 

Research; 93.849, Kidney Diseases, Urology 

and Hematology Research, National Institutes 

of Health, HHS) 

Miguelina Perez, 

Program Analyst, Office of Federal Advisory 

Committee Policy. 

[FR Doc. 2022–13416 Filed 6–22–22; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF STATE 

Office of the Secretary 

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, DOS; 

Office of the Secretary, DHS. 

ACTION: Notice of determination. 

Following consultations with the 

Attorney General, the Secretary of State 

and Secretary of Homeland Security 

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 

individuals 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. Of particular concern, these 

grounds of inadmissibility bar some 

individuals who actively assisted U.S. 

efforts in Afghanistan and now seek and 

deserve the protection of our 

Government. 

Accordingly, consistent with prior 

exercises of the exemption authority, 

the Secretary of State and the Secretary 

of Homeland Security hereby conclude, 

as a matter of discretion in accordance 

with the authority granted 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, after 

considering the foreign policy and 

national security interests deemed 

relevant in these consultations, that 

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

1182(a)(3)(B), excluding subclause 

(i)(II), shall not apply with respect to an 

individual for any activity or association 

relating to actions: 

(1) Directed against the Afghan 

Taliban or Afghan Taliban-affiliated 

militia groups; 

(2) Directed against any other 

organization that was engaged in violent 

activities that targeted the United States 

or allied entities, including (a) any 

entity or contractor of the United States 

government or any individual employed 

by or on behalf of the United States 

government, (b) the International 

Security Assistance Force (ISAF) or any 

successor name of such Force, (c) the 

United Nations, or (d) the government of 

the Islamic Republic of Afghanistan or 

the Afghan Transitional Authority 

during the time period from December 

22, 2001 to August 15, 2021; or 

(3) Directed against the army of the 

Union of Soviet Socialist Republics 

(USSR) or the government of the 

Democratic Republic of Afghanistan 

between April 27, 1978 and April 28, 

1992, 

provided that the individual satisfies 

the relevant agency authority that the 

individual: 

(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 

their knowledge to relevant U.S. 

government entities, the nature and 

circumstances of all activities or 

associations 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 

provided material support for the 

commission of, a terrorist activity that 

they knew or reasonably should have 

known targeted noncombatant persons 

or U.S. interests; 

(e) Is not otherwise inadmissible 

under section 212(a)(3)(B) of the INA, 8 

U.S.C. 1182(a)(3)(B), for which no 

exemption applies; 

(f) Has not been indicted by any 

international tribunal or the 

International Criminal Court; 

(g) Has not voluntarily and knowingly 

engaged in any terrorist activities on 

behalf of, or provided any material 

support to any organization which has 

ever been designated a terrorist 

organization as described in section 

212(a)(3)(B)(vi)(I) or (II) of the INA, at 

any time, including prior to that 

organization’s designation, unless the 

activities are otherwise exempted; 

(h) Has not committed, ordered, 

incited, assisted, or otherwise 

participated in acts of torture, as defined 

in 18 U.S.C. 2441(d)(1)(A), or genocide, 

as defined in 18 U.S.C. 1091(a); or 

recruited or used child soldiers, as 

described in 18 U.S.C. 2442; 

(i) Has not been identified in either 

Executive Order 13224, as amended, or 

otherwise designated by the Secretary of 

State or the Secretary of the Treasury 

pursuant to the Specially Designated 

Nationals List (SDNL), or in lists 

established by United Nations Security 

Council Committee pursuant to 

Resolutions 1267 (1999) or 1988 (2011) 

concerning Al-Qaida and the Taliban 

and associated individuals and entities; 

(j) Poses no danger to the safety and 

security of the United States; and 

(k) 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) or by U.S. 

consular officers, as applicable, and in 

consultation with relevant U.S. 

government entities, 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. 

1182(d)(3)(B)(ii), a report on the 

individuals 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 


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Federal Register / Vol. 87, No. 120 / Thursday, June 23, 2022 / Notices 37523 

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. 

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

Dated: June 8, 2022. 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

Dated: June 8, 2022. 

Antony J. Blinken, 

Secretary, U.S. Department of State. 

[FR Doc. 2022–13473 Filed 6–21–22; 11:15 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF STATE 

Office of the Secretary 

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, DOS; 

Office of the Secretary, DHS 

ACTION: Notice of determination. 

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 

individuals 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 section 

212(d)(3)(B)(i) of the INA, 8 U.S.C. 

1182(d)(3)(B)(i), as amended, after 

considering the foreign policy and 

national security interests deemed 

relevant in these consultations, that 

section 212(a)(3)(B)(iv)(VI)(cc) of the 

INA, 8 U.S.C. 1182(a)(3)(B)(iv)(VI)(cc), 

shall not apply with respect to an 

individual who provided: (1) 

insignificant material support (i.e., 

support that was minimal in amount 

and inconsequential in effect); or (2) 

limited material support under 

circumstances involving certain routine 

commercial transactions, certain routine 

social transactions (i.e., in the 

satisfaction of certain well-established 

or verifiable family, social, or cultural 

obligations), certain humanitarian 

assistance, or substantial pressure that 

does not rise to the level of duress, to 

a designated terrorist organization as 

described in subsection 

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

212(a)(3)(B)(vi)(II) of the INA, 8 U.S.C. 

1182(a)(3)(B)(vi)(I) or 8 U.S.C. 

1182(a)(3)(B)(vi)(II), or to any member of 

such organization, and provided that the 

individual satisfies the relevant agency 

authority that the individual: 

(a) Did not voluntarily and knowingly 

engage in 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); 

(b) Is seeking a benefit or protection 

under the INA and has been determined 

to be otherwise eligible for the benefit 

or protection; 

(c) Has undergone and passed all 

relevant background and security 

checks; 

(d) Has fully disclosed, to the best of 

their knowledge, in all relevant 

applications and interviews with 

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; 

(e) Has not provided the material 

support with any intent or desire to 

assist any terrorist organization or 

terrorist activity; 

(f) Has not provided material support 

that the individual knew or reasonably 

should have known could directly be 

used to engage in terrorist or violent 

activity; 

(g) Has not provided material support 

to terrorist activities that they knew or 

reasonably should have known targeted 

noncombatant persons, U.S. citizens, or 

U.S. interests; 

(h) Has not provided material support 

that the individual knew or reasonably 

should have known involved providing 

weapons, ammunition, explosives, or 

components thereof, or the 

transportation or concealment of such 

items; 

(i) Is not otherwise inadmissible 

under section 212(a)(3)(B) of the INA, 8 

U.S.C. 1182(a)(3)(B), for which no 

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(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. 

1182(d)(3)(B)(ii), a report on the 

applicant or beneficiaries 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. 

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


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