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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 126 Introduced in Senate (IS)]

<DOC>

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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