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). 


lotter on DSK11XQN23PROD with NOTICES1
37524 Federal Register / Vol. 87, No. 120 / Thursday, June 23, 2022 / Notices 

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. 2022–13472 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 State 

and the 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. 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 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 who was employed as a civil 

servant in Afghanistan at any time from 

September 27, 1996 to December 22, 

2001, or from August 15, 2021, or 

thereafter, if the individual establishes 

that they did not voluntarily and 

knowingly engage in terrorist activity on 

behalf of the Taliban or another 

designated terrorist organization, and 

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, in all relevant 

applications and interviews with U.S. 

government representatives and agents, 

the nature and circumstances of any 

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) Poses no danger to the safety and 

security of the United States; and 

(g) 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 supersedes 

a similar exercise of authority by then 

Secretary of Homeland Security Jeh 

Johnson and then Secretary of State 

John Kerry signed on January 18, 2017, 

expanding the covered time period of 

employment as a civil servant in 

Afghanistan to include the period from 

‘‘August 15, 2021, or thereafter,’’ in 

addition to the period from September 

27, 1996 to December 22, 2001. 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 State or by the U.S. 

Department of Homeland Security, 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. 2022–13474 Filed 6–21–22; 11:15 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLCO933000.L16100000. 

LXSILITI0000.DO0000.22X] 

Notice of Intent To Prepare a 

Supplemental Environmental Impact 

Statement for the Colorado River 

Valley Field Office and Grand Junction 

Field Office Resource Management 

Plans, Colorado 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of intent. 

SUMMARY: In compliance with the 

National Environmental Policy Act of 

1969, as amended (NEPA), and the 

Federal Land Policy and Management 

Act of 1976, as amended (FLPMA), the 

Bureau of Land Management (BLM) 

Colorado River Valley Field Office 

(CRVFO), Silt, Colorado, and Grand 

Junction Field Office (GJFO), Grand 

Junction, Colorado, intend to prepare a 

supplemental environmental impact 

statement (EIS) for the CRVFO and GJFO 

Resource Management Plans (RMPs). 

This notice announces the beginning of 

the scoping process to solicit public 

involvement and identify issues. 

DATES: This notice initiates the public 

scoping process for the supplemental 


lotter on DSK11XQN23PROD with NOTICES1