[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4961 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4961

To transfer and limit Executive Branch authority to suspend or restrict 
                    the entry of a class of aliens.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2024

 Mr. Coons (for himself, Mr. Schatz, Mr. Padilla, Mr. Whitehouse, Mr. 
  Sanders, Ms. Stabenow, Mrs. Shaheen, Mr. Kaine, Ms. Duckworth, Mr. 
  King, Mr. Wyden, Mr. Welch, Ms. Hirono, Mr. Blumenthal, Mr. Peters, 
Mrs. Murray, Ms. Klobuchar, Mr. Durbin, Mr. Hickenlooper, Mr. Merkley, 
Ms. Cantwell, Mr. Van Hollen, Ms. Cortez Masto, Mr. Cardin, Mr. Warner, 
Mr. Lujan, Ms. Baldwin, Ms. Warren, Mr. Booker, Mr. Bennet, Mr. Markey, 
  Mr. Carper, and Ms. Smith) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLES.

    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 Nationality 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, admission 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 paragraph (2) 
        and 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 consideration 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:
    ``(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 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 appropriate.
            ``(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 implicating a 
                compelling government interest in a factor identified 
                under paragraph (1);
                    ``(B) narrowly tailor such suspension or 
                restriction, using the least restrictive means, to 
                achieve such compelling government interest;
                    ``(C) specify the duration of such 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.--Before the President may 
                exercise the authority under paragraph (1), the 
                Secretary of State and the Secretary of Homeland 
                Security shall consult with Congress and provide 
                Congress with specific evidence supporting the need for 
                the proposed suspension or restriction 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 report to Congress that describes--
                            ``(i) the action taken pursuant to 
                        paragraph (1) and the specified objective of 
                        such action;
                            ``(ii) the estimated number of individuals 
                        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) and any intelligence informing 
                        such actions.
                    ``(C) Termination.--If the briefing and report 
                described in subparagraph (B) are not provided to 
                Congress during the 48 hour period beginning when the 
                President exercises the authority under paragraph (1), 
                the suspension or restriction shall immediately 
                terminate absent intervening congressional action.
                    ``(D) Defined term.--In this paragraph, the term 
                `Congress' means--
                            ``(i) the Select Committee on Intelligence 
                        of the Senate;
                            ``(ii) the Committee on Foreign Relations 
                        of the Senate;
                            ``(iii) the Committee on the Judiciary of 
                        the Senate;
                            ``(iv) the Committee on Homeland Security 
                        and Governmental Affairs of the Senate;
                            ``(v) the Permanent Select Committee on 
                        Intelligence of the House of Representatives;
                            ``(vi) the Committee on Foreign Affairs of 
                        the House of Representatives;
                            ``(vii) the Committee on the Judiciary of 
                        the House of Representatives; and
                            ``(viii) the Committee on Homeland Security 
                        of the House of Representatives.
            ``(4) Publication.--The Secretary of State and the 
        Secretary of Homeland Security shall publicly announce and 
        publish an unclassified version of the report described in 
        paragraph (3)(B) in the Federal Register.
            ``(5) Judicial review.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, an individual or entity who is 
                present in the United States and has been harmed by a 
                violation of this subsection may file an action in an 
                appropriate district court of the United States to seek 
                declaratory or injunctive relief.
                    ``(B) Class action.--Nothing in this Act may be 
                construed to preclude an action filed pursuant to 
                subparagraph (A) from proceeding as a class action.
            ``(6) Treatment of commercial airlines.--Whenever the 
        Secretary of Homeland Security determines that a commercial 
        airline has failed to comply with regulations of the Secretary 
        of Homeland Security relating to requirements of airlines for 
        the detection of fraudulent documents used by passengers 
        traveling to the United States (including the training of 
        personnel in such detection), the Secretary of Homeland 
        Security may suspend the entry of some or all aliens 
        transported to the United States by such airline.
            ``(7) Rule of construction.--Nothing in this subsection may 
        be construed as authorizing the President, the Secretary of 
        State, or the Secretary of Homeland Security to act in a manner 
        inconsistent with the policy decisions expressed in the 
        immigration laws.''.

SEC. 4. VISA APPLICANTS REPORT.

    (a) Initial Reports.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of State, in 
        coordination with the Secretary of Homeland Security and the 
        heads of other relevant Federal agencies, shall submit a report 
        to the congressional committees referred to in section 
        212(f)(3)(D) of the Immigration and Nationality Act, as amended 
        by section 3, that describes the implementation of Presidential 
        Proclamations 9645, 9822, and 9983 and Executive Order Nos. 
        13769, 13780, and 13815, during the effective period of each 
        such proclamation and order.
            (2) Presidential proclamations 9645 and 9983.--In addition 
        to the content described in paragraph (1), the report submitted 
        with respect to Presidential Proclamation 9645, issued on 
        September 24, 2017, and Presidential Proclamation 9983, issued 
        on January 31, 2020, shall include, for each country listed in 
        such proclamation--
                    (A) the total number of individuals who applied for 
                a visa during the period the proclamation was in 
                effect, disaggregated by country and visa category;
                    (B) the total number of visa applicants described 
                in subparagraph (A) who were approved, disaggregated by 
                country and visa category;
                    (C) the total number of visa applicants described 
                in subparagraph (A) whose applications were denied, 
                disaggregated by country and visa category, and the 
                reasons for such denials;
                    (D) the total number of visa applicants described 
                in subparagraph (A) whose applications remain pending, 
                disaggregated by country and visa category;
                    (E) the total number of visa applicants described 
                in subparagraph (A) who were granted a waiver, 
                disaggregated by country and visa category;
                    (F) the total number of visa applicants described 
                in subparagraph (A) who were denied a waiver, 
                disaggregated by country and visa category, and the 
                reasons such waiver requests were denied;
                    (G) the total number of refugees admitted, 
                disaggregated by country; and
                    (H) the complete reports that were submitted to the 
                President every 180 days in accordance with section 4 
                of Presidential Proclamation 9645 in its original form, 
                and as amended by Presidential Proclamation 9983.
    (b) Additional Reports.--
            (1) In general.--Not later than 30 days after the date on 
        which the President exercises the authority under section 
        212(f) of the Immigration and Nationality Act (8 U.S.C. 
        1182(f)), as amended by section 3, and every 30 days 
        thereafter, the Secretary of State, in coordination with the 
        Secretary of Homeland Security and heads of other relevant 
        Federal agencies, shall submit a report to the congressional 
        committees referred to in paragraph (3)(D) of such section 
        212(f) that identifies, with respect to countries affected by a 
        suspension or restriction--
                    (A) the information described in subparagraphs (A) 
                through (G) of subsection (a)(2); and
                    (B) the specific evidence supporting the need for 
                the continued exercise of presidential authority under 
                such section 212(f), including the information 
                described in paragraph (3)(B) of such section 212(f).
            (2) Failure to submit timely report.--If the Secretary of 
        State fails to provide any report required under paragraph (1) 
        to the appropriate congressional committees by the specified 
        deadline, the suspension or restriction of any aliens or class 
        of aliens pursuant to such section 212(f) shall immediately 
        terminate absent intervening congressional action.
            (3) Final report.--Not later than 30 days after the 
        termination of a suspension or restriction of any aliens or 
        class of aliens pursuant to such section 212(f), the Secretary 
        of State, in coordination with the Secretary of Homeland 
        Security and the heads of other relevant Federal agencies, 
        shall prepare and submit a final report to the congressional 
        committees referred to in paragraph (3)(D) of such section 
        containing the information and evidence described in 
        subparagraphs (A) and (B) of paragraph (1).
    (c) Form; Availability.--The reports required under subsections (a) 
and (b) shall be made publicly available online in unclassified form.
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