IB 

Union Calendar No. 7 

117TH CONGRESS 

1ST SESSION H. R. 1333 

[Report No. 117–20, Part I] 

To transfer and limit Executive Branch authority to suspend or restrict 

the entry of a class of aliens. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2021 

Ms. CHU (for herself, Mr. NADLER, Ms. LOFGREN, Ms. OMAR, Ms. TLAIB, 

Mr. CARSON, Mr. BEYER, Mrs. DEMINGS, Mr. MEEKS, Mrs. CAROLYN B. 

MALONEY of New York, Mr. ESPAILLAT, Ms. MCCOLLUM, Mr. MCGOVERN, Ms. SCHAKOWSKY, Mr. GALLEGO, Mr. JOHNSON of Georgia, Ms. 

DEGETTE, Mr. FOSTER, Ms. STEVENS, Mr. EVANS, Mr. CASTRO of 

Texas, Ms. CLARKE of New York, Ms. VELA ́ZQUEZ, Mr. SHERMAN, Mr. 

COOPER, Ms. JAYAPAL, Mr. BLUMENAUER, Ms. SCANLON, Mr. QUIGLEY, 

Ms. MOORE of Wisconsin, Mr. GRIJALVA, Mr. RUSH, Ms. BONAMICI, Ms. 

MENG, Mrs. WATSON COLEMAN, Mr. MALINOWSKI, Mr. MCEACHIN, Mr. 

CONNOLLY, Mr. BRENDAN F. BOYLE of Pennsylvania, Ms. BARRAGA ́N, 

Mrs. NAPOLITANO, Ms. ESCOBAR, Mr. LIEU, Ms. PRESSLEY, Ms. LEE

of California, Mr. COHEN, Mrs. DINGELL, Mr. VARGAS, Mr. KEATING, 

Mr. LOWENTHAL, Mr. GOMEZ, Mr. CARBAJAL, Mr. LANGEVIN, Mr. 

WELCH, Mr. CORREA, Mr. RASKIN, Ms. NORTON, Mr. SIRES, Mr. PALLONE, Mr. GARCI ́A of Illinois, Mr. HASTINGS, Mr. TONKO, Ms. PINGREE, 

Mrs. TRAHAN, Ms. TITUS, Mr. SMITH of Washington, Mrs. BEATTY, Mr. 

CLEAVER, Mr. SUOZZI, Mr. PASCRELL, Mr. KILDEE, Mr. 

KRISHNAMOORTHI, Mr. NEGUSE, Mr. DESAULNIER, Ms. SPANBERGER, 

Mrs. LAWRENCE, Ms. ROSS, Ms. KELLY of Illinois, Mr. STANTON, Mr. 

GREEN of Texas, Mr. TAKANO, Mrs. TORRES of California, Ms. ESHOO, 

Mr. PRICE of North Carolina, Mrs. HAYES, Ms. SCHRIER, Mr. DANNY

K. DAVIS of Illinois, Mr. POCAN, Mrs. MCBATH, Mr. KIM of New Jersey, 

Ms. SPEIER, Ms. BUSH, Ms. GARCIA of Texas, Mr. BERA, Ms. DEAN, Mr. 

SWALWELL, Ms. SEWELL, Ms. STRICKLAND, Mr. JONES, Ms. WILLIAMS

of Georgia, Mr. KHANNA, Mr. LEVIN of California, Mr. AGUILAR, Ms. 

BASS, Mr. MCNERNEY, Mr. PAYNE, Mr. TORRES of New York, Ms. MATSUI, Mr. PANETTA, Mr. TRONE, Ms. OCASIO-CORTEZ, Mr. BROWN, Mrs. 

KIRKPATRICK, Mr. HUFFMAN, Mr. COSTA, Ms. DELBENE, Mr. 


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CA ́RDENAS, Mr. RUIZ, Mr. HIMES, Mr. GARAMENDI, Ms. KAPTUR, Mr. 

SARBANES, Mr. CICILLINE, Mr. VEASEY, Mr. MORELLE, Mr. SEAN PATRICK MALONEY of New York, Mr. SCHIFF, Ms. HOULAHAN, Ms. CLARK

of Massachusetts, Mr. DEUTCH, Mr. BUTTERFIELD, Ms. WILD, Miss 

RICE of New York, Mrs. LURIA, and Mr. THOMPSON of California) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Foreign Affairs, Homeland 

Security, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

APRIL 16, 2021 

Additional sponsors: Ms. NEWMAN, Mr. RYAN, Ms. SHERRILL, Mr. SOTO, Mr. 

LARSEN of Washington, Ms. DELAURO, Mr. LEVIN of Michigan, Mr. 

THOMPSON of Mississippi, Mrs. MURPHY of Florida, Ms. MANNING, Ms. 

LOIS FRANKEL of Florida, Mr. PETERS, Mr. ALLRED, Mrs. FLETCHER, 

Mr. GOTTHEIMER, Mr. PHILLIPS, Ms. ROYBAL-ALLARD, Ms. UNDERWOOD, Ms. WATERS, Mr. SABLAN, Mr. KILMER, Ms. JACKSON LEE, Mr. 

CASTEN, Mr. SCHNEIDER, and Mr. CARTWRIGHT

APRIL 16, 2021 

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

APRIL 16, 2021 

Committees on Foreign Affairs, Homeland Security, and Intelligence (Permanent Select) discharged; committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on February 25, 2021] 

A BILL 

To transfer and limit Executive Branch authority to suspend 

or restrict the entry of a class of aliens. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Origin-Based 

5 Antidiscrimination for Nonimmigrants Act’’ or the ‘‘NO 

6 BAN Act’’. 

7 SEC. 2. EXPANSION OF NONDISCRIMINATION PROVISION. 

8 Section 202(a)(1)(A) of the Immigration and Nation9 ality Act (8 U.S.C. 1152(a)(1)(A)) is amended— 

10 (1) by striking ‘‘Except as specifically provided 

11 in paragraph (2) and in sections 101(a)(27), 

12 201(b)(2)(A)(i), and 203, no’’ and inserting ‘‘No’’; 

13 (2) by inserting ‘‘or a nonimmigrant visa, ad14 mission or other entry into the United States, or the 

15 approval or revocation of any immigration benefit’’ 

16 after ‘‘immigrant visa’’; 

17 (3) by inserting ‘‘religion,’’ after ‘‘sex,’’; and 

18 (4) by inserting before the period at the end the 

19 following: ‘‘, except as specifically provided in para20 graph (2), in sections 101(a)(27), 201(b)(2)(A)(i), 

21 and 203, if otherwise expressly required by statute, or 

22 if a statutorily authorized benefit takes into consider23 ation such factors’’. 


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1 SEC. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO 

2 SUSPEND OR RESTRICT THE ENTRY OF A 

3 CLASS OF ALIENS. 

4 Section 212(f) of the Immigration and Nationality Act 

5 (8 U.S.C. 1182(f)) is amended to read as follows: 

6 ‘‘(f) AUTHORITY TO SUSPEND OR RESTRICT THE

7 ENTRY OF A CLASS OF ALIENS.— 

8 ‘‘(1) IN GENERAL.—Subject to paragraph (2), if 

9 the Secretary of State, in consultation with the Sec10 retary of Homeland Security, determines, based on 

11 specific and credible facts, that the entry of any 

12 aliens or any class of aliens into the United States 

13 would undermine the security or public safety of the 

14 United States or the preservation of human rights, 

15 democratic processes or institutions, or international 

16 stability, the President may temporarily— 

17 ‘‘(A) suspend the entry of such aliens or 

18 class of aliens as immigrants or nonimmigrants; 

19 or 

20 ‘‘(B) impose any restrictions on the entry of 

21 such aliens that the President deems appro22 priate. 

23 ‘‘(2) LIMITATIONS.—In carrying out paragraph 

24 (1), the President, the Secretary of State, and the Sec25 retary of Homeland Security shall— 


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1 ‘‘(A) only issue a suspension or restriction 

2 when required to address specific acts impli3 cating a compelling government interest in a 

4 factor identified in paragraph (1); 

5 ‘‘(B) narrowly tailor the suspension or re6 striction, using the least restrictive means, to 

7 achieve such compelling government interest; 

8 ‘‘(C) specify the duration of the suspension 

9 or restriction; 

10 ‘‘(D) consider waivers to any class-based re11 striction or suspension and apply a rebuttable 

12 presumption in favor of granting family-based 

13 and humanitarian waivers; and 

14 ‘‘(E) comply with all provisions of this Act. 

15 ‘‘(3) CONGRESSIONAL NOTIFICATION.— 

16 ‘‘(A) IN GENERAL.—Prior to the President 

17 exercising the authority under paragraph (1), 

18 the Secretary of State and the Secretary of 

19 Homeland Security shall consult Congress and 

20 provide Congress with specific evidence sup21 porting the need for the suspension or restriction 

22 and its proposed duration. 

23 ‘‘(B) BRIEFING AND REPORT.—Not later 

24 than 48 hours after the President exercises the 

25 authority under paragraph (1), the Secretary of 


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1 State and the Secretary of Homeland Security 

2 shall provide a briefing and submit a written re3 port to Congress that describes— 

4 ‘‘(i) the action taken pursuant to para5 graph (1) and the specified objective of such 

6 action; 

7 ‘‘(ii) the estimated number of individ8 uals who will be impacted by such action; 

9 ‘‘(iii) the constitutional and legislative 

10 authority under which such action took 

11 place; and 

12 ‘‘(iv) the circumstances necessitating 

13 such action, including how such action com14 plies with paragraph (2), as well as any in15 telligence informing such actions. 

16 ‘‘(C) TERMINATION.—If the briefing and re17 port described in subparagraph (B) are not pro18 vided to Congress during the 48 hours that begin 

19 when the President exercises the authority under 

20 paragraph (1), the suspension or restriction shall 

21 immediately terminate absent intervening con22 gressional action. 

23 ‘‘(D) CONGRESSIONAL COMMITTEES.—The 

24 term ‘Congress’, as used in this paragraph, refers 

25 to the Select Committee on Intelligence of the 


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1 Senate, the Committee on Foreign Relations of 

2 the Senate, the Committee on the Judiciary of 

3 the Senate, the Committee on Homeland Secu4 rity and Governmental Affairs of the Senate, the 

5 Permanent Select Committee on Intelligence of 

6 the House of Representatives, the Committee on 

7 Foreign Affairs of the House of Representatives, 

8 the Committee on the Judiciary of the House of 

9 Representatives, and the Committee on Home10 land Security of the House of Representatives. 

11 ‘‘(4) PUBLICATION.—The Secretary of State and 

12 the Secretary of Homeland Security shall publicly an13 nounce and publish an unclassified version of the re14 port described in paragraph (3)(B) in the Federal 

15 Register. 

16 ‘‘(5) JUDICIAL REVIEW.— 

17 ‘‘(A) IN GENERAL.—Notwithstanding any 

18 other provision of law, an individual or entity 

19 who is present in the United States and has been 

20 harmed by a violation of this subsection may file 

21 an action in an appropriate district court of the 

22 United States to seek declaratory or injunctive 

23 relief. 

24 ‘‘(B) CLASS ACTION.—Nothing in this Act 

25 may be construed to preclude an action filed 


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1 pursuant to subparagraph (A) from proceeding 

2 as a class action. 

3 ‘‘(6) TREATMENT OF COMMERCIAL AIRLINES.— 

4 Whenever the Secretary of Homeland Security finds 

5 that a commercial airline has failed to comply with 

6 regulations of the Secretary of Homeland Security re7 lating to requirements of airlines for the detection of 

8 fraudulent documents used by passengers traveling to 

9 the United States (including the training of personnel 

10 in such detection), the Secretary of Homeland Secu11 rity may suspend the entry of some or all aliens 

12 transported to the United States by such airline. 

13 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in this 

14 section may be construed as authorizing the Presi15 dent, the Secretary of State, or the Secretary of 

16 Homeland Security to act in a manner inconsistent 

17 with the policy decisions expressed in the immigra18 tion laws.’’. 

19 SEC. 4. VISA APPLICANTS REPORT. 

20 (a) INITIAL REPORTS.— 

21 (1) IN GENERAL.—Not later than 90 days after 

22 the date of the enactment of this Act, the Secretary of 

23 State, in coordination with the Secretary of Home24 land Security and the heads of other relevant Federal 

25 agencies, shall submit a report to the congressional 


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1 committees referred to in section 212(f)(3)(D) of the 

2 Immigration and Nationality Act, as amended by sec3 tion 3 of this Act, that describes the implementation 

4 of Presidential Proclamations 9645, 9822, and 9983 

5 and Executive Orders 13769, 13780, and 13815, dur6 ing the effective period of each such proclamation and 

7 order. 

8 (2) PRESIDENTIAL PROCLAMATION 9645 AND

9 9983.—In addition to the content described in para10 graph (1), the report submitted with respect to Presi11 dential Proclamation 9645, issued on September 24, 

12 2017, and Presidential Proclamation 9983, issued on 

13 January 31, 2020, shall include, for each country list14 ed in such proclamation— 

15 (A) the total number of individuals who ap16 plied for a visa during the time period the proc17 lamation was in effect, disaggregated by country 

18 and visa category; 

19 (B) the total number of visa applicants de20 scribed in subparagraph (A) who were approved, 

21 disaggregated by country and visa category; 

22 (C) the total number of visa applicants de23 scribed in subparagraph (A) who were refused, 

24 disaggregated by country and visa category, and 

25 the reasons they were refused; 


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1 (D) the total number of visa applicants de2 scribed in subparagraph (A) whose applications 

3 remain pending, disaggregated by country and 

4 visa category; 

5 (E) the total number of visa applicants de6 scribed in subparagraph (A) who were granted a 

7 waiver, disaggregated by country and visa cat8 egory; 

9 (F) the total number of visa applicants de10 scribed in subparagraph (A) who were denied a 

11 waiver, disaggregated by country and visa cat12 egory, and the reasons such waiver requests were 

13 denied; 

14 (G) the total number of refugees admitted, 

15 disaggregated by country; and 

16 (H) the complete reports that were sub17 mitted to the President every 180 days in ac18 cordance with section 4 of Presidential Procla19 mation 9645 in its original form, and as amend20 ed by Presidential Proclamation 9983. 

21 (b) ADDITIONAL REPORTS.—Not later than 30 days 

22 after the date on which the President exercises the authority 

23 under section 212(f) of the Immigration and Nationality 

24 Act (8 U.S.C. 1182(f)), as amended by section 3 of this Act, 

25 and every 30 days thereafter, the Secretary of State, in coVerDate Sep 11 2014 02:39 Apr 17, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H1333.RH H1333

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1 ordination with the Secretary of Homeland Security and 

2 heads of other relevant Federal agencies, shall submit a re3 port to the congressional committees referred to in para4 graph (3)(D) of such section 212(f) that identifies, with re5 spect to countries affected by a suspension or restriction, 

6 the information described in subparagraphs (A) through 

7 (G) of subsection (a)(2) of this section and the specific evi8 dence supporting the need for the continued exercise of pres9 idential authority under such section 212(f), including the 

10 information described in paragraph (3)(B) of such section 

11 212(f). If the report described in this subsection is not pro12 vided to such congressional committees in the time specified, 

13 the suspension or restriction shall immediately terminate 

14 absent intervening congressional action. A final report with 

15 such information shall be prepared and submitted to such 

16 congressional committees not later than 30 days after the 

17 suspension or restriction is lifted. 

18 (c) FORM; AVAILABILITY.—The reports required under 

19 subsections (a) and (b) shall be made publicly available on20 line in unclassified form. 


kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 7 

117TH CONGRESS 

1ST SESSION H. R. 1333 

[Report No. 117–20, Part I] 

A BILL 

To transfer and limit Executive Branch authority 

to suspend or restrict the entry of a class of aliens. 

APRIL 16, 2021 

Reported from the Committee on the Judiciary with an 

amendment 

APRIL 16, 2021 

Committees on Foreign Affairs, Homeland Security, and 

the Union and ordered to be printed to the Committee of the Whole House on the State of Intelligence (Permanent Select) discharged; committed 


kjohnson on DSK79L0C42PROD with BILLS