II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fortifying Lawful 

5 Elections and Democracy Accountability Act of 2023’’ or 

6 the ‘‘FLED Accountability Act of 2023’’. 

7 SEC. 2. INADMISSIBILITY OF INDIVIDUALS RESPONSIBLE 

8 FOR UNDERMINING FREE AND FAIR DEMO9 CRATIC ELECTIONS. 

10 (a) DETERMINATION.— 


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1 (1) IN GENERAL.—If the Secretary of State de2 termines, on the basis of credible information, that 

3 an individual who is not a citizen of the United 

4 States knowingly took significant action to inhibit or 

5 attempt to inhibit, while serving as an official of the 

6 government of a foreign country, the lawful demo7 cratic transition of power or the lawful functioning 

8 of democratic electoral processes in that country, the 

9 Secretary shall designate the individual as inadmis10 sible to the United States as described in subsection 

11 (b). 

12 (2) DESIGNATION.—The Secretary shall pub13 licly or privately designate under paragraph (1) an 

14 individual about whom the Secretary has made a de15 termination under that paragraph without regard to 

16 whether the individual has applied for a visa. 

17 (b) INADMISSIBILITY OF CERTAIN INDIVIDUALS.— 

18 (1) INELIGIBILITY FOR VISAS AND ADMISSION

19 TO THE UNITED STATES.—An individual designated 

20 under subsection (a) is— 

21 (A) inadmissible to the United States; 

22 (B) ineligible to receive a visa or other doc23 umentation to enter the United States; and 

24 (C) otherwise ineligible to be admitted or 

25 paroled into the United States or to receive any 


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1 other benefit under the Immigration and Na2 tionality Act (8 U.S.C. 1101 et seq.). 

3 (2) CURRENT VISAS REVOKED.— 

4 (A) IN GENERAL.—The visa or other entry 

5 documentation of any individual designated 

6 under subsection (a) is subject to revocation re7 gardless of the issue date of the visa or other 

8 entry documentation. 

9 (B) IMMEDIATE EFFECT.—A revocation 

10 under subparagraph (A) shall— 

11 (i) take effect immediately; and 

12 (ii) cancel any other valid visa or 

13 entry documentation that is in the posses14 sion of the individual. 

15 (3) EXCEPTION TO COMPLY WITH INTER16 NATIONAL OBLIGATIONS.—This subsection shall not 

17 apply with respect to an individual if admitting or 

18 paroling the individual into the United States is nec19 essary to permit the United States to comply with 

20 the Agreement regarding the Headquarters of the 

21 United Nations, signed at Lake Success June 26, 

22 1947, and entered into force November 21, 1947, 

23 between the United Nations and the United States, 

24 or other applicable international obligations. 


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1 (c) WAIVER.—The Secretary may waive the applica2 tion of subsection (b) with respect to an individual des3 ignated under subsection (a) if the Secretary determines 

4 that such a waiver is in the national interest of the United 

5 States. 

6 (d) REPORT REQUIRED.— 

7 (1) IN GENERAL.—Not later than one year 

8 after the date of the enactment of this Act, and an9 nually thereafter, the Secretary shall submit to the 

10 committees specified in paragraph (3) a report— 

11 (A) identifying individuals designated 

12 under subsection (a) during the year preceding 

13 submission of the report; 

14 (B) listing the waivers issued under sub15 section (c) during that year; and 

16 (C) setting forth a justification for each 

17 such waiver. 

18 (2) FORM OF REPORT; AVAILABILITY.— 

19 (A) FORM.—Each report required by para20 graph (1) shall be submitted in unclassified 

21 form but may include a classified annex. 

22 (B) AVAILABILITY.—The unclassified por23 tion of each report required by paragraph (1) 

24 shall posted on a publicly accessible website of 

25 the Department of State. 


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1 (3) COMMITTEES SPECIFIED.—The committees 

2 specified in this paragraph are— 

3 (A) the Committee on the Judiciary and 

4 the Committee on Foreign Relations of the Sen5 ate; and 

6 (B) the Committee on the Judiciary and 

7 the Committee on Foreign Affairs of the House 

8 of Representatives. 

9 (e) RULE OF CONSTRUCTION.—Nothing in this sec10 tion may be construed to apply to actions taken— 

11 (1) to provide assistance to promote democratic 

12 elections or public participation in democratic proc13 esses; or 

14 (2) to support a democratic transition. 

Æ 


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