II 118th CONGRESS 1st Session S. 126 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. 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 . 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.