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Union Calendar No. 333 

116TH CONGRESS 

2D SESSION H. R. 2214 

[Report No. 116–413, 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 

APRIL 10, 2019 

Ms. JUDY CHU of California (for herself, Mr. PALLONE, Ms. ESHOO, Ms. 

CLARKE of New York, Mr. BLUMENAUER, Ms. STEVENS, Mrs. WATSON

COLEMAN, Mrs. NAPOLITANO, Miss RICE of New York, Ms. VELA ́ZQUEZ, 

Mr. KILDEE, Mr. DESAULNIER, Ms. DELBENE, Mr. POCAN, Mr. EVANS, 

Mrs. LAWRENCE, Ms. PRESSLEY, Mr. LEVIN of Michigan, Mr. DAVID

SCOTT of Georgia, Mr. GRIJALVA, Mr. BROWN of Maryland, Mr. NADLER, Ms. LOFGREN, Mr. CARSON of Indiana, Mr. BEYER, Ms. OMAR, Mr. 

KHANNA, Ms. JAYAPAL, Ms. TLAIB, Ms. NORTON, Ms. SCHAKOWSKY, 

Mr. ROSE of New York, Mr. ESPAILLAT, Mr. GOMEZ, Mrs. DINGELL, Mr. 

RUSH, Mr. SMITH of Washington, Mr. CA ́RDENAS, Ms. SHALALA, Mr. 

CORREA, Ms. OCASIO-CORTEZ, Ms. LEE of California, Mr. MALINOWSKI, 

Ms. SPANBERGER, Mr. MCGOVERN, Mr. COHEN, Mr. JOHNSON of Georgia, Mr. RUPPERSBERGER, Ms. MENG, Mr. TONKO, Mrs. TRAHAN, Mr. 

KENNEDY, Mr. MOULTON, Ms. ADAMS, Mr. CUMMINGS, Mr. CONNOLLY, 

Ms. ROYBAL-ALLARD, Mr. LEWIS, Mrs. KIRKPATRICK, Mr. SIRES, Ms. 

SLOTKIN, Mr. GREEN of Texas, Ms. MCCOLLUM, and Mr. DOGGETT) 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 


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MARCH 5, 2020 

Additional sponsors: Ms. BROWNLEY of California, Mr. GARCI ́A of Illinois, Mr. 

LUJA ́N, Ms. MOORE, Mrs. FLETCHER, Mrs. CAROLYN B. MALONEY of 

New York, Mrs. DAVIS of California, Mr. THOMPSON of California, Mr. 

PETERS, Mr. FOSTER, Mr. GONZALEZ of Texas, Ms. SPEIER, Mr. SOTO, 

Mr. JEFFRIES, Mr. ROUDA, Mr. KRISHNAMOORTHI, Mrs. HAYES, Mr. 

LARSEN of Washington, Mr. THOMPSON of Mississippi, Ms. HAALAND, 

Ms. DEAN, Ms. PINGREE, Mr. COOPER, Mr. SERRANO, Ms. CASTOR of 

Florida, Mr. GALLEGO, Mr. ENGEL, Mr. CASTRO of Texas, Mr. PAYNE, 

Mr. TED LIEU of California, Mr. PASCRELL, Mr. SCHNEIDER, Mr. 

HUFFMAN, Mr. SEAN PATRICK MALONEY of New York, Ms. HILL of 

California, Ms. SCANLON, Mr. GARAMENDI, Mr. HARDER of California, 

Mr. COURTNEY, Ms. WEXTON, Ms. CLARK of Massachusetts, Mr. YARMUTH, Mrs. LEE of Nevada, Mr. DELGADO, Mr. TAKANO, Mr. KIND, Mr. 

LOWENTHAL, Mr. SCHIFF, Mr. MORELLE, Mr. VARGAS, Ms. WASSERMAN

SCHULTZ, Ms. BLUNT ROCHESTER, Mr. VELA, Ms. PORTER, Ms. 

SA ́NCHEZ, Mr. HIGGINS of New York, Mr. CARTWRIGHT, Mr. RASKIN, 

Mr. SARBANES, Ms. DAVIDS of Kansas, Ms. WILD, Mr. CICILLINE, Mr. 

SWALWELL of California, Ms. BONAMICI, Mr. PANETTA, Ms. MUCARSELPOWELL, Mr. STANTON, Mr. BERA, Ms. DEGETTE, Mr. BUTTERFIELD, 

Mr. TRONE, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. NEGUSE, Mr. 

PRICE of North Carolina, Mr. HASTINGS, Mr. SHERMAN, Ms. 

HOULAHAN, Ms. SCHRIER, Mrs. BEATTY, Mr. WELCH, Mr. CRIST, Mr. 

DEFAZIO, Ms. JACKSON LEE, Mrs. MCBATH, Mr. CISNEROS, Ms. 

UNDERWOOD, Ms. ESCOBAR, Ms. GARCIA of Texas, Mr. MEEKS, Ms. 

MATSUI, Mr. RYAN, Mr. QUIGLEY, Mr. DEUTCH, Ms. KELLY of Illinois, 

Ms. WATERS, Mr. AGUILAR, Mr. KEATING, Mr. ALLRED, Mr. CARBAJAL, 

Mr. HORSFORD, Ms. TITUS, Ms. WILSON of Florida, Ms. FRANKEL, Ms. 

SHERRILL, Mr. PERLMUTTER, Ms. DELAURO, Mr. MCNERNEY, Ms. 

GABBARD, Mrs. DEMINGS, Mr. SUOZZI, Mr. CROW, Mr. KILMER, Mr. 

DANNY K. DAVIS of Illinois, Mr. PAPPAS, Mr. LEVIN of California, Mr. 

RICHMOND, Ms. JOHNSON of Texas, Mr. COX of California, Ms. BASS, 

Mr. HIMES, Mr. CASTEN of Illinois, Ms. SEWELL of Alabama, Mr. LARSON of Connecticut, Ms. KUSTER of New Hampshire, Mr. GOLDEN, Mrs. 

LOWEY, Mrs. LURIA, Ms. BARRAGA ́N, Mr. NEAL, Mr. LAWSON of Florida, Mr. RUIZ, Mr. KIM, Mr. GOTTHEIMER, Mr. CLEAVER, Mr. 

MCEACHIN, Mr. CLAY, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. 

NORCROSS, Mr. CUELLAR, Mr. SCOTT of Virginia, Mr. PHILLIPS, Ms. 

CRAIG, Mrs. TORRES of California, Ms. FUDGE, Ms. KAPTUR, Mr. 

BISHOP of Georgia, Mrs. MURPHY of Florida, Mr. HECK, Mr. LANGEVIN, 

Mr. VEASEY, Ms. PLASKETT, Mr. LYNCH, Mr. SABLAN, Mr. SCHRADER, 

Mr. COSTA, and Mr. LIPINSKI


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MARCH 5, 2020 

Reported from the Committee on the Judiciary with an amendment 

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

MARCH 5, 2020 

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 April 10, 2019] 


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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 TITLES. 

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 inserting ‘‘or a nonimmigrant visa, ad11 mission or other entry into the United States, or the 

12 approval or revocation of any immigration benefit’’ 

13 after ‘‘immigrant visa’’; 

14 (2) by inserting ‘‘religion,’’ after ‘‘sex,’’; and 

15 (3) by inserting ‘‘, except if expressly required by 

16 statute, or if a statutorily authorized benefit takes 

17 into consideration such factors’’ before the period at 

18 the end. 

19 SEC. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO 

20 SUSPEND OR RESTRICT THE ENTRY OF A 

21 CLASS OF ALIENS. 

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

23 (8 U.S.C. 1182(f)) is amended to read as follows: 

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

25 ENTRY OF A CLASS OF ALIENS.— 


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

2 the Secretary of State, in consultation with the Sec3 retary of Homeland Security, determines, based on 

4 specific and credible facts, that the entry of any 

5 aliens or any class of aliens into the United States 

6 would undermine the security or public safety of the 

7 United States or the preservation of human rights, 

8 democratic processes or institutions, or international 

9 stability, the President may temporarily— 

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

11 class of aliens as immigrants or nonimmigrants; 

12 or 

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

14 such aliens that the President deems appro15 priate. 

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

17 (1), the President, the Secretary of State, and the Sec18 retary of Homeland Security shall— 

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

20 when required to address specific acts impli21 cating a compelling government interest in a 

22 factor identified in paragraph (1); 

23 ‘‘(B) narrowly tailor the suspension or re24 striction, using the least restrictive means, to 

25 achieve such compelling government interest; 


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

2 or restriction; and 

3 ‘‘(D) consider waivers to any class-based re4 striction or suspension and apply a rebuttable 

5 presumption in favor of granting family-based 

6 and humanitarian waivers. 

7 ‘‘(3) CONGRESSIONAL NOTIFICATION.— 

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

9 exercising the authority under paragraph (1), 

10 the Secretary of State and the Secretary of 

11 Homeland Security shall consult Congress and 

12 provide Congress with specific evidence sup13 porting the need for the suspension or restriction 

14 and its proposed duration. 

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

16 than 48 hours after the President exercises the 

17 authority under paragraph (1), the Secretary of 

18 State and the Secretary of Homeland Security 

19 shall provide a briefing and submit a written re20 port to Congress that describes— 

21 ‘‘(i) the action taken pursuant to para22 graph (1) and the specified objective of such 

23 action; 

24 ‘‘(ii) the estimated number of individ25 uals who will be impacted by such action; 


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1 ‘‘(iii) the constitutional and legislative 

2 authority under which such action took 

3 place; and 

4 ‘‘(iv) the circumstances necessitating 

5 such action, including how such action com6 plies with paragraph (2), as well as any in7 telligence informing such actions. 

8 ‘‘(C) TERMINATION.—If the briefing and re9 port described in subparagraph (B) are not pro10 vided to Congress during the 48 hours that begin 

11 when the President exercises the authority under 

12 paragraph (1), the suspension or restriction shall 

13 immediately terminate absent intervening con14 gressional action. 

15 ‘‘(D) CONGRESSIONAL COMMITTEES.—The 

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

17 to the Select Committee on Intelligence of the 

18 Senate, the Committee on Foreign Relations of 

19 the Senate, the Committee on the Judiciary of 

20 the Senate, the Committee on Homeland Secu21 rity and Governmental Affairs of the Senate, the 

22 Permanent Select Committee on Intelligence of 

23 the House of Representatives, the Committee on 

24 Foreign Affairs of the House of Representatives, 

25 the Committee on the Judiciary of the House of 


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1 Representatives, and the Committee on Home2 land Security of the House of Representatives. 

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

4 the Secretary of Homeland Security shall publicly an5 nounce and publish an unclassified version of the re6 port described in paragraph (3)(B) in the Federal 

7 Register. 

8 ‘‘(5) JUDICIAL REVIEW.— 

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

10 other provision of law, an individual or entity 

11 who is present in the United States and has been 

12 harmed by a violation of this subsection may file 

13 an action in an appropriate district court of the 

14 United States to seek declaratory or injunctive 

15 relief. 

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

17 may be construed to preclude an action filed 

18 pursuant to subparagraph (A) from proceeding 

19 as a class action. 

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

21 Whenever the Secretary of Homeland Security finds 

22 that a commercial airline has failed to comply with 

23 regulations of the Secretary of Homeland Security re24 lating to requirements of airlines for the detection of 

25 fraudulent documents used by passengers traveling to 


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1 the United States (including the training of personnel 

2 in such detection), the Secretary of Homeland Secu3 rity may suspend the entry of some or all aliens 

4 transported to the United States by such airline. 

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

6 section may be construed as authorizing the Presi7 dent, the Secretary of State, or the Secretary of 

8 Homeland Security to act in a manner inconsistent 

9 with the policy decisions expressed in the immigra10 tion laws.’’. 

11 SEC. 4. TERMINATION OF CERTAIN EXECUTIVE ACTIONS. 

12 (a) TERMINATION.—Presidential Proclamations 9645, 

13 9822, and 9983 and Executive Orders 13769, 13780, and 

14 13815 shall be void beginning on the date of the enactment 

15 of this Act. 

16 (b) EFFECT.—All actions taken pursuant to any proc17 lamation or executive order terminated under subsection (a) 

18 shall cease on the date of the enactment of this Act. 

19 SEC. 5. 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 each of the presidential proclamations and execu5 tive orders referred to in section 4. 

6 (2) PRESIDENTIAL PROCLAMATION 9645 AND

7 9983.—In addition to the content described in para8 graph (1), the report submitted with respect to Presi9 dential Proclamation 9645, issued on September 24, 

10 2017, and Presidential Proclamation 9983, issued on 

11 January 31, 2020, shall include, for each country list12 ed in such proclamation— 

13 (A) the total number of individuals who ap14 plied for a visa during the time period the proc15 lamation was in effect, disaggregated by country 

16 and visa category; 

17 (B) the total number of visa applicants de18 scribed in subparagraph (A) who were approved, 

19 disaggregated by country and visa category; 

20 (C) the total number of visa applicants de21 scribed in subparagraph (A) who were refused, 

22 disaggregated by country and visa category, and 

23 the reasons they were refused; 

24 (D) the total number of visa applicants de25 scribed in subparagraph (A) whose applications 


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1 remain pending, disaggregated by country and 

2 visa category; 

3 (E) the total number of visa applicants de4 scribed in subparagraph (A) who were granted a 

5 waiver, disaggregated by country and visa cat6 egory; 

7 (F) the total number of visa applicants de8 scribed in subparagraph (A) who were denied a 

9 waiver, disaggregated by country and visa cat10 egory, and the reasons such waiver requests were 

11 denied; 

12 (G) the total number of refugees admitted, 

13 disaggregated by country; and 

14 (H) the complete reports that have been sub15 mitted to the President every 180 days in ac16 cordance with section 4 of Presidential Procla17 mation 9645 in its original form, and as amend18 ed by Presidential Proclamation 9983. 

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

20 after the date on which the President exercises the authority 

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

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

23 and every 30 days thereafter, the Secretary of State, in co24 ordination with the Secretary of Homeland Security and 

25 heads of other relevant Federal agencies, shall submit a reVerDate Sep 11 2014 20:59 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H2214.RH H2214

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1 port to the congressional committees referred to in para2 graph (3)(D) of such section 212(f) that identifies, with re3 spect to countries affected by a suspension or restriction, 

4 the information described in subparagraphs (A) through 

5 (H) of subsection (a)(2) of this section and specific evidence 

6 supporting the need for the continued exercise of presi7 dential authority under such section 212(f), including the 

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

9 212(f). If the report described in this subsection is not pro10 vided to Congress in the time specified, the suspension or 

11 restriction shall immediately terminate absent intervening 

12 congressional action. A final report with such information 

13 shall be prepared and submitted to such congressional com14 mittees not later than 30 days after the suspension or re15 striction is lifted. 

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

17 subsections (a) and (b) shall be made publicly available on18 line in unclassified form. 


pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 333 

116TH CONGRESS 

2D SESSION H. R. 2214 

[Report No. 116–413, Part I] 

A BILL 

To transfer and limit Executive Branch authority 

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

MARCH 5, 2020 

Reported from the Committee on the Judiciary with an 

amendment 

MARCH 5, 2020 

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 


pamtmann on DSKBC07HB2PROD with BILLS