[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 126 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 126
To make individuals responsible for undermining free and fair
democratic elections inadmissible to the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 26, 2023
Mr. Durbin (for himself, Ms. Hirono, and Mr. Sanders) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To make individuals responsible for undermining free and fair
democratic elections inadmissible to the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fortifying Lawful Elections and
Democracy Accountability Act of 2023'' or the ``FLED Accountability Act
of 2023''.
SEC. 2. INADMISSIBILITY OF INDIVIDUALS RESPONSIBLE FOR UNDERMINING FREE
AND FAIR DEMOCRATIC ELECTIONS.
(a) Determination.--
(1) In general.--If the Secretary of State determines, on
the basis of credible information, that an individual who is
not a citizen of the United States knowingly took significant
action to inhibit or attempt to inhibit, while serving as an
official of the government of a foreign country, the lawful
democratic transition of power or the lawful functioning of
democratic electoral processes in that country, the Secretary
shall designate the individual as inadmissible to the United
States as described in subsection (b).
(2) Designation.--The Secretary shall publicly or privately
designate under paragraph (1) an individual about whom the
Secretary has made a determination under that paragraph without
regard to whether the individual has applied for a visa.
(b) Inadmissibility of Certain Individuals.--
(1) Ineligibility for visas and admission to the united
states.--An individual designated under subsection (a) is--
(A) inadmissible to the United States;
(B) ineligible to receive a visa or other
documentation to enter the United States; and
(C) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(2) Current visas revoked.--
(A) In general.--The visa or other entry
documentation of any individual designated under
subsection (a) is subject to revocation regardless of
the issue date of the visa or other entry
documentation.
(B) Immediate effect.--A revocation under
subparagraph (A) shall--
(i) take effect immediately; and
(ii) cancel any other valid visa or entry
documentation that is in the possession of the
individual.
(3) Exception to comply with international obligations.--
This subsection shall not apply with respect to an individual
if admitting or paroling the individual into the United States
is necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(c) Waiver.--The Secretary may waive the application of subsection
(b) with respect to an individual designated under subsection (a) if
the Secretary determines that such a waiver is in the national interest
of the United States.
(d) Report Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary shall submit to the committees specified in paragraph
(3) a report--
(A) identifying individuals designated under
subsection (a) during the year preceding submission of
the report;
(B) listing the waivers issued under subsection (c)
during that year; and
(C) setting forth a justification for each such
waiver.
(2) Form of report; availability.--
(A) Form.--Each report required by paragraph (1)
shall be submitted in unclassified form but may include
a classified annex.
(B) Availability.--The unclassified portion of each
report required by paragraph (1) shall posted on a
publicly accessible website of the Department of State.
(3) Committees specified.--The committees specified in this
paragraph are--
(A) the Committee on the Judiciary and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on the Judiciary and the
Committee on Foreign Affairs of the House of
Representatives.
(e) Rule of Construction.--Nothing in this section may be construed
to apply to actions taken--
(1) to provide assistance to promote democratic elections
or public participation in democratic processes; or
(2) to support a democratic transition.
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