IIB 

117TH CONGRESS 

1ST SESSION H. R. 1333 

IN THE SENATE OF THE UNITED STATES 

APRIL 22, 2021 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To transfer and limit Executive Branch authority to suspend 

or restrict the entry of a class of aliens. 

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


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1 SECTION 1. SHORT TITLE. 

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

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

4 BAN Act’’. 

5 SEC. 2. EXPANSION OF NONDISCRIMINATION PROVISION. 

6 Section 202(a)(1)(A) of the Immigration and Nation7 ality Act (8 U.S.C. 1152(a)(1)(A)) is amended— 

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

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

10 201(b)(2)(A)(i), and 203, no’’ and inserting ‘‘No’’; 

11 (2) by inserting ‘‘or a nonimmigrant visa, ad12 mission or other entry into the United States, or the 

13 approval or revocation of any immigration benefit’’ 

14 after ‘‘immigrant visa’’; 

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

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

17 following: ‘‘, except as specifically provided in para18 graph (2), in sections 101(a)(27), 201(b)(2)(A)(i), 

19 and 203, if otherwise expressly required by statute, 

20 or if a statutorily authorized benefit takes into con21 sideration such factors’’. 

22 SEC. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO 

23 SUSPEND OR RESTRICT THE ENTRY OF A 

24 CLASS OF ALIENS. 

25 Section 212(f) of the Immigration and Nationality 

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


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

2 ENTRY OF A CLASS OF ALIENS.— 

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

4 if the Secretary of State, in consultation with the 

5 Secretary of Homeland Security, determines, based 

6 on specific and credible facts, that the entry of any 

7 aliens or any class of aliens into the United States 

8 would undermine the security or public safety of the 

9 United States or the preservation of human rights, 

10 democratic processes or institutions, or international 

11 stability, the President may temporarily— 

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

13 class of aliens as immigrants or nonimmigrants; 

14 or 

15 ‘‘(B) impose any restrictions on the entry 

16 of such aliens that the President deems appro17 priate. 

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

19 (1), the President, the Secretary of State, and the 

20 Secretary of Homeland Security shall— 

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

22 when required to address specific acts impli23 cating a compelling government interest in a 

24 factor identified in paragraph (1); 


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1 ‘‘(B) narrowly tailor the suspension or re2 striction, using the least restrictive means, to 

3 achieve such compelling government interest; 

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

5 or restriction; 

6 ‘‘(D) consider waivers to any class-based 

7 restriction or suspension and apply a rebuttable 

8 presumption in favor of granting family-based 

9 and humanitarian waivers; and 

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

11 ‘‘(3) CONGRESSIONAL NOTIFICATION.— 

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

13 exercising the authority under paragraph (1), 

14 the Secretary of State and the Secretary of 

15 Homeland Security shall consult Congress and 

16 provide Congress with specific evidence sup17 porting the need for the suspension or restric18 tion and its proposed duration. 

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

20 than 48 hours after the President exercises the 

21 authority under paragraph (1), the Secretary of 

22 State and the Secretary of Homeland Security 

23 shall provide a briefing and submit a written re24 port to Congress that describes— 


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1 ‘‘(i) the action taken pursuant to 

2 paragraph (1) and the specified objective 

3 of such action; 

4 ‘‘(ii) the estimated number of individ5 uals who will be impacted by such action; 

6 ‘‘(iii) the constitutional and legislative 

7 authority under which such action took 

8 place; and 

9 ‘‘(iv) the circumstances necessitating 

10 such action, including how such action 

11 complies with paragraph (2), as well as 

12 any intelligence informing such actions. 

13 ‘‘(C) TERMINATION.—If the briefing and 

14 report described in subparagraph (B) are not 

15 provided to Congress during the 48 hours that 

16 begin when the President exercises the author17 ity under paragraph (1), the suspension or re18 striction shall immediately terminate absent in19 tervening congressional action. 

20 ‘‘(D) CONGRESSIONAL COMMITTEES.—The 

21 term ‘Congress’, as used in this paragraph, re22 fers to the Select Committee on Intelligence of 

23 the Senate, the Committee on Foreign Rela24 tions of the Senate, the Committee on the Judi25 ciary of the Senate, the Committee on HomeVerDate Sep 11 2014 20:51 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1333.RFS H1333

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1 land Security and Governmental Affairs of the 

2 Senate, the Permanent Select Committee on In3 telligence of the House of Representatives, the 

4 Committee on Foreign Affairs of the House of 

5 Representatives, the Committee on the Judici6 ary of the House of Representatives, and the 

7 Committee on Homeland Security of the House 

8 of Representatives. 

9 ‘‘(4) PUBLICATION.—The Secretary of State 

10 and the Secretary of Homeland Security shall pub11 licly announce and publish an unclassified version of 

12 the report described in paragraph (3)(B) in the Fed13 eral Register. 

14 ‘‘(5) JUDICIAL REVIEW.— 

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

16 other provision of law, an individual or entity 

17 who is present in the United States and has 

18 been harmed by a violation of this subsection 

19 may file an action in an appropriate district 

20 court of the United States to seek declaratory 

21 or injunctive relief. 

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

23 may be construed to preclude an action filed 

24 pursuant to subparagraph (A) from proceeding 

25 as a class action. 


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

2 Whenever the Secretary of Homeland Security finds 

3 that a commercial airline has failed to comply with 

4 regulations of the Secretary of Homeland Security 

5 relating to requirements of airlines for the detection 

6 of fraudulent documents used by passengers trav7 eling to the United States (including the training of 

8 personnel in such detection), the Secretary of Home9 land Security may suspend the entry of some or all 

10 aliens transported to the United States by such air11 line. 

12 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in 

13 this section may be construed as authorizing the 

14 President, the Secretary of State, or the Secretary 

15 of Homeland Security to act in a manner incon16 sistent with the policy decisions expressed in the im17 migration laws.’’. 

18 SEC. 4. VISA APPLICANTS REPORT. 

19 (a) INITIAL REPORTS.— 

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

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

22 of State, in coordination with the Secretary of 

23 Homeland Security and the heads of other relevant 

24 Federal agencies, shall submit a report to the con25 gressional committees referred to in section 


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1 212(f)(3)(D) of the Immigration and Nationality 

2 Act, as amended by section 3 of this Act, that de3 scribes the implementation of Presidential Proclama4 tions 9645, 9822, and 9983 and Executive Order 

5 Nos. 13769, 13780, and 13815, during the effective 

6 period of each such proclamation and order. 

7 (2) PRESIDENTIAL PROCLAMATION 9645 AND

8 9983.—In addition to the content described in para9 graph (1), the report submitted with respect to Pres10 idential Proclamation 9645, issued on September 24, 

11 2017, and Presidential Proclamation 9983, issued 

12 on January 31, 2020, shall include, for each country 

13 listed in such proclamation— 

14 (A) the total number of individuals who 

15 applied for a visa during the time period the 

16 proclamation was in effect, disaggregated by 

17 country and visa category; 

18 (B) the total number of visa applicants de19 scribed in subparagraph (A) who were ap20 proved, disaggregated by country and visa cat21 egory; 

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

24 disaggregated by country and visa category, 

25 and 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 

7 a waiver, disaggregated by country and visa 

8 category; 

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 

13 were 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 

20 amended by Presidential Proclamation 9983. 

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

22 after the date on which the President exercises the author23 ity under section 212(f) of the Immigration and Nation24 ality Act (8 U.S.C. 1182(f)), as amended by section 3 of 

25 this Act, and every 30 days thereafter, the Secretary of 


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1 State, in coordination with the Secretary of Homeland Se2 curity and heads of other relevant Federal agencies, shall 

3 submit a report to the congressional committees referred 

4 to in paragraph (3)(D) of such section 212(f) that identi5 fies, with respect to countries affected by a suspension or 

6 restriction, the information described in subparagraphs 

7 (A) through (G) of subsection (a)(2) of this section and 

8 the specific evidence supporting the need for the continued 

9 exercise of presidential authority under such section 

10 212(f), including the information described in paragraph 

11 (3)(B) of such section 212(f). If the report described in 

12 this subsection is not provided to such congressional com13 mittees in the time specified, the suspension or restriction 

14 shall immediately terminate absent intervening congres15 sional action. A final report with such information shall 

16 be prepared and submitted to such congressional commit17 tees not later than 30 days after the suspension or restric18 tion is lifted. 


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1 (c) FORM; AVAILABILITY.—The reports required 

2 under subsections (a) and (b) shall be made publicly avail3 able online in unclassified form. 

Passed the House of Representatives April 21, 2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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