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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Origin-Based 
Antidiscrimination for Nonimmigrants Act’’ or the ‘‘NO 
BAN Act’’. 
SEC. 2. EXPANSION OF NONDISCRIMINATION PROVISION. 
Section 202(a)(1)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1152(a)(1)(A)) is amended— 
(1) by striking ‘‘Except as specifically provided 
in paragraph (2) and in sections 101(a)(27), 
201(b)(2)(A)(i), and 203, no’’ and inserting ‘‘No’’; 
(2) by inserting ‘‘or a nonimmigrant visa, ad-
mission or other entry into the United States, or the 
approval or revocation of any immigration benefit’’ 
after ‘‘immigrant visa’’; 
(3) by inserting ‘‘religion,’’ after ‘‘sex,’’; and 
(4) by inserting before the period at the end the 
following: ‘‘, except as specifically provided in para-
graph (2), in sections 101(a)(27), 201(b)(2)(A)(i), 
and 203, if otherwise expressly required by statute, 
or if a statutorily authorized benefit takes into con-
sideration such factors’’. 
SEC. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO 
SUSPEND OR RESTRICT THE ENTRY OF A 
CLASS OF ALIENS. 
Section 212(f) of the Immigration and Nationality 
Act (8 U.S.C. 1182(f)) is amended to read as follows: 
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‘‘(f) AUTHORITY TO SUSPEND OR RESTRICT THE 
ENTRY OF A CLASS OF ALIENS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
if the Secretary of State, in consultation with the 
Secretary of Homeland Security, determines, based 
on specific and credible facts, that the entry of any 
aliens or any class of aliens into the United States 
would undermine the security or public safety of the 
United States or the preservation of human rights, 
democratic processes or institutions, or international 
stability, the President may temporarily— 
‘‘(A) suspend the entry of such aliens or 
class of aliens as immigrants or nonimmigrants; 
or 
‘‘(B) impose any restrictions on the entry 
of such aliens that the President deems appro-
priate. 
‘‘(2) LIMITATIONS.—In carrying out paragraph 
(1), the President, the Secretary of State, and the 
Secretary of Homeland Security shall— 
‘‘(A) only issue a suspension or restriction 
when required to address specific acts impli-
cating a compelling government interest in a 
factor identified in paragraph (1); 
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‘‘(B) narrowly tailor the suspension or re-
striction, using the least restrictive means, to 
achieve such compelling government interest; 
‘‘(C) specify the duration of the suspension 
or restriction; 
‘‘(D) consider waivers to any class-based 
restriction or suspension and apply a rebuttable 
presumption in favor of granting family-based 
and humanitarian waivers; and 
‘‘(E) comply with all provisions of this Act. 
‘‘(3) CONGRESSIONAL NOTIFICATION.— 
‘‘(A) IN GENERAL.—Prior to the President 
exercising the authority under paragraph (1), 
the Secretary of State and the Secretary of 
Homeland Security shall consult Congress and 
provide Congress with specific evidence sup-
porting the need for the suspension or restric-
tion and its proposed duration. 
‘‘(B) BRIEFING AND REPORT.—Not later 
than 48 hours after the President exercises the 
authority under paragraph (1), the Secretary of 
State and the Secretary of Homeland Security 
shall provide a briefing and submit a written re-
port to Congress that describes— 
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‘‘(i) the action taken pursuant to 
paragraph (1) and the specified objective 
of such action; 
‘‘(ii) the estimated number of individ-
uals who will be impacted by such action; 
‘‘(iii) the constitutional and legislative 
authority under which such action took 
place; and 
‘‘(iv) the circumstances necessitating 
such action, including how such action 
complies with paragraph (2), as well as 
any intelligence informing such actions. 
‘‘(C) TERMINATION.—If the briefing and 
report described in subparagraph (B) are not 
provided to Congress during the 48 hours that 
begin when the President exercises the author-
ity under paragraph (1), the suspension or re-
striction shall immediately terminate absent in-
tervening congressional action. 
‘‘(D) CONGRESSIONAL COMMITTEES.—The 
term ‘Congress’, as used in this paragraph, re-
fers to the Select Committee on Intelligence of 
the Senate, the Committee on Foreign Rela-
tions of the Senate, the Committee on the Judi-
ciary of the Senate, the Committee on Home-
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