,,ii #aaith ,,congress #ast ,session ,s4 #cih ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #d1 #bjbe,mr4 ,coons 7for himself1 ,mr4 ,whitehouse1 ,mr4 ,king1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,mr4 ,van ,hollen1 ,mrs4 ,shaheen1 ,ms4 ,duckworth1 ,mr4 ,kaine1 ,ms4 ,cortez ,masto1 ,mr4 ,schiff1 ,mr4 ,hickenlooper1 ,mrs4 ,murray1 ,mr4 ,wyden1 ,ms4 ,baldwin1 ,mr4 ,sanders1 ,mr4 ,durbin1 ,mr4 ,padilla1 ,mr4 ,schatz1 ,mr4 ,markey1 ,ms4 ,hirono1 ,mr4 ,warner1 ,mr4 ,welch1 ,mr4 ,lujn1 ,ms4 ,cantwell1 ,mr4 ,peters1 ,ms4 ,warren1 ,ms4 ,klobuchar1 ,mr4 ,bennet1 ,ms4 ,smith1 and ,mr4 ,kim7 introduced the following bill2 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 aliens4 #a4 ,short titles ,this ,act may be cited as the ,national ,origin-,based ,antidiscrimination for ,nonimmigrants ,act or the ,,no ,,ban ,act4 #b4 ,expansion of nondiscrimination provision ,section #bjb7;a77#a77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeb7;a77#a77;,a77 is amended-- 7#a7 by striking ,except as specifically provided in paragraph 7#b7 and in sections #aja7;a77#bg71 #bja7;b77#b77;,a77i71 and #bjc1 no and inserting ,no2 7#b7 by inserting or a nonimmigrant visa1 admission or other entry into the ,united ,states1 or the approval or revocation of any immigration benefit after immigrant visa2 7#c7 by inserting religion1 after sex12 and 7#d7 by inserting before the period at the end the following3 1 except as specifically provided in paragraph 7#b7 and sections #aja7;a77#bg71 #bja7;b77#b77;,a77i71 and #bjc1 if otherwise expressly required by statute1 or if a statutorily authorized benefit takes into consideration such factors4 #c4 ,transfer and limitations on authority to suspend or restrict the entry of a class of aliens ,section #bab7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;f77 is amended to read as follows3 7f7 ,authority ,to suspend or restrict the entry of a class of aliens 7#a7 ,in general ,subject to paragraph 7#b71 if the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security1 determines1 based on specific and credible facts1 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 rights1 democratic processes or institutions1 or international stability1 the ,president may temporarily-- 7,a7 suspend the entry of such aliens or class of aliens as immigrants or nonimmigrants2 or 7,b7 impose any restrictions on the entry of such aliens that the ,president deems appropriate4 7#b7 ,limitations ,in carrying out paragraph 7#a71 the ,president1 the ,secretary of ,state1 and the ,secretary of ,homeland ,security shall-- 7,a7 only issue a suspension or restriction when required to address specific acts implicating a compelling government interest in a factor identified under paragraph 7#a72 7,b7 narrowly tailor such suspension or restriction1 using the least restrictive means1 to achieve such compelling government interest2 7,c7 specify the duration of such suspension or restriction2 7,d7 consider waivers to any class-based restriction or suspension and apply a rebuttable presumption in favor of granting family-based and humanitarian waivers2 and 7,e7 comply with all provisions of this ,act4 7#c7 ,congressional notification 7,a7 ,in general ,before the ,president may exercise the authority under paragraph 7#a71 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 duration4 7,b7 ,briefing and report ,not later than #dh hours after the ,president exercises the authority under paragraph 7#a71 the ,secretary of ,state and the ,secretary of ,homeland ,security shall provide a briefing and submit a written report to ,congress that describes-- 7i7 the action taken pursuant to paragraph 7#a7 and the specified objective of such action2 7ii7 the estimated number of individuals who will be impacted by such action2 7iii7 the constitutional and legislative authority under which such action took place2 and 7iv7 the circumstances necessitating such action1 including how such action complies with paragraph 7#b7 and any intelligence informing such actions4 7,c7 ,termination ,if the briefing and report described in subparagraph 7,b7 are not provided to ,congress during the #dh-;hour period beginning when the ,president exercises the authority under paragraph 7#a71 the suspension or restriction shall immediately terminate absent intervening congressional action4 7,d7 ,defined term ,in this paragraph1 the term ,congress means-- 7i7 the ,select ,committee on ,intelligence of the ,senate2 7ii7 the ,committee on ,foreign ,relations of the ,senate2 7iii7 the ,committee on the ,judiciary of the ,senate2 7iv7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7v7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 7vi7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 7vii7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7viii7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7#d7 ,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 7#c77;,b7 in the ,federal ,register4 7#e7 ,judicial review 7,a7 ,in general ,notwithstanding any other provision of law1 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 relief4 7,b7 ,class action ,nothing in this ,act may be construed to preclude an action filed pursuant to subparagraph 7,a7 from proceeding as a class action4 7#f7 ,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 7including the training of personnel in such detection71 the ,secretary of ,homeland ,security may suspend the entry of some or all aliens transported to the ,united ,states by such airline4 7#g7 ,rule of construction ,nothing in this subsection may be construed as authorizing the ,president1 the ,secretary of ,state1 or the ,secretary of ,homeland ,security to act in a manner inconsistent with the policy decisions expressed in the immigration laws4 4 #d4 ,visa applicants report 7a7 ,initial reports 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state1 in coordination with the ,secretary of ,homeland ,security and the heads of other relevant ,federal agencies1 shall submit a report to the congressional committees referred to in section #bab7;f77#c77;,d7 of the ,immigration and ,nationality ,act1 as amended by section #c1 that describes the implementation of ,presidential ,proclamations #ifde1 #ihbb1 and #iihc and ,executive ,order ,nos4 #acgfi1 #acghj1 and #achae1 during the effective period of each such proclamation and order4 7#b7 ,presidential proclamations #ifde and #iihc ,in addition to the content described in paragraph 7#a71 the report submitted with respect to ,presidential ,proclamation #ifde1 issued on ,september #bd1 #bjag1 and ,presidential ,proclamation #iihc1 issued on ,january #ca1 #bjbj1 shall include1 for each country listed in such proclamation-- 7,a7 the total number of individuals who applied for a visa during the period the proclamation was in effect1 disaggregated by country and visa category2 7,b7 the total number of visa applicants described in subparagraph 7,a7 who were approved1 disaggregated by country and visa category2 7,c7 the total number of visa applicants described in subparagraph 7,a7 whose applications were denied1 disaggregated by country and visa category1 and the reasons for such denials2 7,d7 the total number of visa applicants described in subparagraph 7,a7 whose applications remain pending1 disaggregated by country and visa category2 7,e7 the total number of visa applicants described in subparagraph 7,a7 who were granted a waiver1 disaggregated by country and visa category2 7,f7 the total number of visa applicants described in subparagraph 7,a7 who were denied a waiver1 disaggregated by country and visa category1 and the reasons such waiver requests were denied2 7,g7 the total number of refugees admitted1 disaggregated by country2 and 7,h7 the complete reports that were submitted to the ,president every #ahj days in accordance with section #d of ,presidential ,proclamation #ifde in its original form1 and as amended by ,presidential ,proclamation #iihc4 7b7 ,additional reports 7#a7 ,in general ,not later than #cj days after the date on which the ,president exercises the authority under section #bab7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;f771 as amended by section #c1 and every #cj days thereafter1 the ,secretary of ,state1 in coordination with the ,secretary of ,homeland ,security and heads of other relevant ,federal agencies1 shall submit a report to the congressional committees referred to in paragraph 7#c77;,d7 of such section #bab7;f7 that identifies1 with respect to countries affected by a suspension or restriction-- 7,a7 the information described in subparagraphs 7,a7 through 7,g7 of subsection 7a77#b72 and 7,b7 the specific evidence supporting the need for the continued exercise of presidential authority under such section #bab7;f71 including the information described in paragraph 7#c77;,b7 of such section #bab7;f74 7#b7 ,failure to submit timely report ,if the ,secretary of ,state fails to provide any report required under paragraph 7#a7 to the appropriate congressional committees by the specified deadline1 the suspension or restriction of any aliens or class of aliens pursuant to such section #bab7;f7 shall immediately terminate absent intervening congressional action4 7#c7 ,final report ,not later than #cj days after the termination of a suspension or restriction of any aliens or class of aliens pursuant to such section #bab7;f71 the ,secretary of ,state1 in coordination with the ,secretary of ,homeland ,security and the heads of other relevant ,federal agencies1 shall prepare and submit a final report to the congressional committees referred to in paragraph 7#c77;,d7 of such section containing the information and evidence described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 7c7 ,form2 availability ,the reports required under subsections 7a7 and 7b7 shall be made publicly available online in unclassified form4