NO BAN Act

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- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 20:51 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1333.RFS H1333 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 1333 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘National Origin-Based 2 Antidiscrimination for Nonimmigrants Act’’ or the ‘‘NO 3 BAN Act’’. 4 SEC. 2. EXPANSION OF NONDISCRIMINATION PROVISION. 5 Section 202(a)(1)(A) of the Immigration and Nation- 6 ality Act (8 U.S.C. 1152(a)(1)(A)) is amended— 7 (1) by striking ‘‘Except as specifically provided 8 in paragraph (2) and in sections 101(a)(27), 9 201(b)(2)(A)(i), and 203, no’’ and inserting ‘‘No’’; 10 (2) by inserting ‘‘or a nonimmigrant visa, ad- 11 mission or other entry into the United States, or the 12 approval or revocation of any immigration benefit’’ 13 after ‘‘immigrant visa’’; 14 (3) by inserting ‘‘religion,’’ after ‘‘sex,’’; and 15 (4) by inserting before the period at the end the 16 following: ‘‘, except as specifically provided in para- 17 graph (2), in sections 101(a)(27), 201(b)(2)(A)(i), 18 and 203, if otherwise expressly required by statute, 19 or if a statutorily authorized benefit takes into con- 20 sideration such factors’’. 21 SEC. 3. TRANSFER AND LIMITATIONS ON AUTHORITY TO 22 SUSPEND OR RESTRICT THE ENTRY OF A 23 CLASS OF ALIENS. 24 Section 212(f) of the Immigration and Nationality 25 Act (8 U.S.C. 1182(f)) is amended to read as follows: 26 VerDate Sep 11 2014 20:51 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1333.RFS H1333 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 1333 RFS ‘‘(f) AUTHORITY TO SUSPEND OR RESTRICT THE 1 ENTRY OF A CLASS OF ALIENS.— 2 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 3 if the Secretary of State, in consultation with the 4 Secretary of Homeland Security, determines, based 5 on specific and credible facts, that the entry of any 6 aliens or any class of aliens into the United States 7 would undermine the security or public safety of the 8 United States or the preservation of human rights, 9 democratic processes or institutions, or international 10 stability, the President may temporarily— 11 ‘‘(A) suspend the entry of such aliens or 12 class of aliens as immigrants or nonimmigrants; 13 or 14 ‘‘(B) impose any restrictions on the entry 15 of such aliens that the President deems appro- 16 priate. 17 ‘‘(2) LIMITATIONS.—In carrying out paragraph 18 (1), the President, the Secretary of State, and the 19 Secretary of Homeland Security shall— 20 ‘‘(A) only issue a suspension or restriction 21 when required to address specific acts impli- 22 cating a compelling government interest in a 23 factor identified in paragraph (1); 24 VerDate Sep 11 2014 20:51 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1333.RFS H1333 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 1333 RFS ‘‘(B) narrowly tailor the suspension or re- 1 striction, using the least restrictive means, to 2 achieve such compelling government interest; 3 ‘‘(C) specify the duration of the suspension 4 or restriction; 5 ‘‘(D) consider waivers to any class-based 6 restriction or suspension and apply a rebuttable 7 presumption in favor of granting family-based 8 and humanitarian waivers; and 9 ‘‘(E) comply with all provisions of this Act. 10 ‘‘(3) CONGRESSIONAL NOTIFICATION.— 11 ‘‘(A) IN GENERAL.—Prior to the President 12 exercising the authority under paragraph (1), 13 the Secretary of State and the Secretary of 14 Homeland Security shall consult Congress and 15 provide Congress with specific evidence sup- 16 porting the need for the suspension or restric- 17 tion and its proposed duration. 18 ‘‘(B) BRIEFING AND REPORT.—Not later 19 than 48 hours after the President exercises the 20 authority under paragraph (1), the Secretary of 21 State and the Secretary of Homeland Security 22 shall provide a briefing and submit a written re- 23 port to Congress that describes— 24 VerDate Sep 11 2014 20:51 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1333.RFS H1333 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 1333 RFS ‘‘(i) the action taken pursuant to 1 paragraph (1) and the specified objective 2 of such action; 3 ‘‘(ii) the estimated number of individ- 4 uals who will be impacted by such action; 5 ‘‘(iii) the constitutional and legislative 6 authority under which such action took 7 place; and 8 ‘‘(iv) the circumstances necessitating 9 such action, including how such action 10 complies with paragraph (2), as well as 11 any intelligence informing such actions. 12 ‘‘(C) TERMINATION.—If the briefing and 13 report described in subparagraph (B) are not 14 provided to Congress during the 48 hours that 15 begin when the President exercises the author- 16 ity under paragraph (1), the suspension or re- 17 striction shall immediately terminate absent in- 18 tervening congressional action. 19 ‘‘(D) CONGRESSIONAL COMMITTEES.—The 20 term ‘Congress’, as used in this paragraph, re- 21 fers to the Select Committee on Intelligence of 22 the Senate, the Committee on Foreign Rela- 23 tions of the Senate, the Committee on the Judi- 24 ciary of the Senate, the Committee on Home- 25 VerDate Sep 11 2014 20:51 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1333.RFS H1333 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 1333 RFS land Security and Governmental Affairs of the 1 Senate, the Permanent Select Committee on In- 2 telligence of the House of Representatives, the 3 Committee on Foreign Affairs of the House of 4 Representatives, the Committee on the Judici- 5 ary of the House of Representatives, and the 6 Committee on Homeland Security of the House 7 of Representatives. 8 ‘‘(4) PUBLICATION.—The Secretary of State 9 and the Secretary of Homeland Security shall pub- 10 licly announce and publish an unclassified version of 11 the report described in paragraph (3)(B) in the Fed- 12 eral Register. 13 ‘‘(5) JUDICIAL REVIEW.— 14 ‘‘(A) IN GENERAL.—Notwithstanding any 15 other provision of law, an individual or entity 16 who is present in the United States and has 17 been harmed by a violation of this subsection 18 may file an action in an appropriate district 19 court of the United States to seek declaratory 20 or injunctive relief. 21 ‘‘(B) CLASS ACTION.—Nothing in this Act 22 may be construed to preclude an action filed 23 pursuant to subparagraph (A) from proceeding 24 as a class action. 25 VerDate Sep 11 2014 20:51 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1333.RFS H1333 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 1333 RFS ‘‘(6) TREATMENT OF COMMERCIAL AIRLINES.— 1 Whenever the Secretary of Homeland Security finds 2 that a commercial airline has failed to comply with 3 regulations of the Secretary of Homeland Security 4 relating to requirements of airlines for the detection 5 of fraudulent documents used by passengers trav- 6 eling to the United States (including the training of 7 personnel in such detection), the Secretary of Home- 8 land Security may suspend the entry of some or all 9 aliens transported to the United States by such air- 10 line. 11 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in 12 this section may be construed as authorizing the 13 President, the Secretary of State, or the Secretary 14 of Homeland Security to act in a manner incon- 15 sistent with the policy decisions expressed in the im- 16 migration laws.’’. 17 SEC. 4. VISA APPLICANTS REPORT. 18 (a) INITIAL REPORTS.— 19 (1) IN GENERAL.—Not later than 90 days after 20 the date of the enactment of this Act, the Secretary 21 of State, in coordination with the Secretary of 22 Homeland Security and the heads of other relevant 23 Federal agencies, shall submit a report to the con- 24 gressional committees referred to in section 25 VerDate Sep 11 2014 20:51 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1333.RFS H1333 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 1333 RFS 212(f)(3)(D) of the Immigration and Nationality 1 Act, as amended by section 3 of this Act, that de- 2 scribes the implementation of Presidential Proclama- 3 tions 9645, 9822, and 9983 and Executive Order 4 Nos. 13769, 13780, and 13815, during the effective 5 period of each such proclamation and order. 6 (2) PRESIDENTIAL PROCLAMATION 9645 AND 7 9983.—In addition to the content described in para- 8 graph (1), the report submitted with respect to Pres- 9 idential Proclamation 9645, issued on September 24, 10 2017, and Presidential Proclamation 9983, issued 11 on January 31, 2020, shall include, for each country 12 listed in such proclamation— 13 (A) the total number of individuals who 14 applied for a visa during the time period the 15 proclamation was in effect, disaggregated by 16 country and visa category; 17 (B) the total number of visa applicants de- 18 scribed in subparagraph (A) who were ap- 19 proved, disaggregated by country and visa cat- 20 egory; 21 (C) the total number of visa applicants de- 22 scribed in subparagraph (A) who were refused, 23 disaggregated by country and visa category, 24 and the reasons they were refused; 25 VerDate Sep 11 2014 20:51 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1333.RFS H1333 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 1333 RFS (D) the total number of visa applicants de- 1 scribed in subparagraph (A) whose applications 2 remain pending, disaggregated by country and 3 visa category; 4 (E) the total number of visa applicants de- 5 scribed in subparagraph (A) who were granted 6 a waiver, disaggregated by country and visa 7 category; 8 (F) the total number of visa applicants de- 9 scribed in subparagraph (A) who were denied a 10 waiver, disaggregated by country and visa cat- 11 egory, and the reasons such waiver requests 12 were denied; 13 (G) the total number of refugees admitted, 14 disaggregated by country; and 15 (H) the complete reports that were sub- 16 mitted to the President every 180 days in ac- 17 cordance with section 4 of Presidential Procla- 18 mation 9645 in its original form, and as 19 amended by Presidential Proclamation 9983. 20 (b) ADDITIONAL REPORTS.—Not later than 30 days 21 after the date on which the President exercises the author- 22 ity under section 212(f) of the Immigration and Nation- 23 ality Act (8 U.S.C. 1182(f)), as amended by section 3 of 24 this Act, and every 30 days thereafter, the Secretary of 25 VerDate Sep 11 2014 20:51 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1333.RFS H1333 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 1333 RFS State, in coordination with the Secretary of Homeland Se- 1 curity and heads of other relevant Federal agencies, shall 2 submit a report to the congressional committees referred 3 to in paragraph (3)(D) of such section 212(f) that identi- 4 fies, with respect to countries affected by a suspension or 5 restriction, the information described in subparagraphs 6 (A) through (G) of subsection (a)(2) of this section and 7 the specific evidence supporting the need for the continued 8 exercise of presidential authority under such section 9 212(f), including the information described in paragraph 10 (3)(B) of such section 212(f). If the report described in 11 this subsection is not provided to such congressional com- 12 mittees in the time specified, the suspension or restriction 13 shall immediately terminate absent intervening congres- 14 sional action. A final report with such information shall 15 be prepared and submitted to such congressional commit- 16 tees not later than 30 days after the suspension or restric- 17 tion is lifted. 18 VerDate Sep 11 2014 20:51 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1333.RFS H1333 pamtmann on DSKBC07HB2PROD with BILLS 11 HR 1333 RFS (c) FORM; AVAILABILITY.—The reports required 1 under subsections (a) and (b) shall be made publicly avail- 2 able online in unclassified form. 3 Passed the House of Representatives April 21, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 20:51 Apr 23, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1333.RFS H1333 pamtmann on DSKBC07HB2PROD with BILLS