What This Bill Does
This bill allows the U.S. Secretary of State (the government official in charge of foreign affairs) to ban foreign officials from entering the United States if they try to undermine fair elections or the peaceful transfer of power in their own countries. If someone is designated under this bill, they cannot get a visa or enter the United States.
Who It Affects
Non-citizens who serve as government officials in foreign countries and are determined to have tried to block fair elections or democratic power transfers in their countries. The Secretary of State and Congress committees that receive reports about these designations are also affected.
Key Provisions
• The Secretary of State can designate a non-citizen as inadmissible to the United States if the Secretary finds credible information that the person knowingly took significant action to block lawful democratic elections or the lawful transfer of power while serving as a foreign government official (Sec. 2(a)(1))
• Anyone designated under this bill cannot receive a visa, enter the United States, or get any immigration benefits, and any current visas they hold are immediately revoked (Sec. 2(b)(1) and 2(b)(2))
• The Secretary of State can make exceptions if admitting someone is necessary for the United States to follow international agreements with the United Nations (Sec. 2(b)(3))
• The Secretary of State can waive these restrictions if they decide it is in the national interest of the United States (Sec. 2(c))
• Starting one year after the bill becomes law and every year after, the Secretary of State must report to Congress identifying who was designated and explaining any waivers granted (Sec. 2(d))
What Changes
If this becomes law, the Secretary of State will gain the authority to ban foreign officials accused of undermining elections in their countries from entering the United States. Currently, this specific power does not exist. The Secretary will also be required to report annually to Congress about these designations and any exceptions made.
Important Definitions
The bill does not formally define "knowingly took significant action," "undermining free and fair democratic elections," or "lawful democratic transition of power." These terms are used but not explicitly defined in the bill text.
Effective Date
Not specified in bill text
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 fol-
lowing 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Fortifying Lawful
4
Elections and Democracy Accountability Act of 2023’’ or
5
the ‘‘FLED Accountability Act of 2023’’.
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SEC. 2. INADMISSIBILITY OF INDIVIDUALS RESPONSIBLE
7
FOR UNDERMINING FREE AND FAIR DEMO-
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CRATIC ELECTIONS.
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(a) DETERMINATION.—
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•S 126 IS
(1) IN GENERAL.—If the Secretary of State de-
1
termines, on the basis of credible information, that
2
an individual who is not a citizen of the United
3
States knowingly took significant action to inhibit or
4
attempt to inhibit, while serving as an official of the
5
government of a foreign country, the lawful demo-
6
cratic transition of power or the lawful functioning
7
of democratic electoral processes in that country, the
8
Secretary shall designate the individual as inadmis-
9
sible to the United States as described in subsection
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(b).
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(2) DESIGNATION.—The Secretary shall pub-
12
licly or privately designate under paragraph (1) an
13
individual about whom the Secretary has made a de-
14
termination under that paragraph without regard to
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whether the individual has applied for a visa.
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(b) INADMISSIBILITY OF CERTAIN INDIVIDUALS.—
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(1) INELIGIBILITY FOR VISAS AND ADMISSION
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TO THE UNITED STATES.—An individual designated
19
under subsection (a) is—
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(A) inadmissible to the United States;
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(B) ineligible to receive a visa or other doc-
22
umentation to enter the United States; and
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(C) otherwise ineligible to be admitted or
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paroled into the United States or to receive any
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•S 126 IS
other benefit under the Immigration and Na-
1
tionality Act (8 U.S.C. 1101 et seq.).
2
(2) CURRENT VISAS REVOKED.—
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(A) IN GENERAL.—The visa or other entry
4
documentation of any individual designated
5
under subsection (a) is subject to revocation re-
6
gardless of the issue date of the visa or other
7
entry documentation.
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(B) IMMEDIATE
EFFECT.—A revocation
9
under subparagraph (A) shall—
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(i) take effect immediately; and
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(ii) cancel any other valid visa or
12
entry documentation that is in the posses-
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sion of the individual.
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(3) EXCEPTION
TO
COMPLY
WITH
INTER-
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NATIONAL OBLIGATIONS.—This subsection shall not
16
apply with respect to an individual if admitting or
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paroling the individual into the United States is nec-
18
essary to permit the United States to comply with
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the Agreement regarding the Headquarters of the
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United Nations, signed at Lake Success June 26,
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1947, and entered into force November 21, 1947,
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between the United Nations and the United States,
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or other applicable international obligations.
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•S 126 IS
(c) WAIVER.—The Secretary may waive the applica-
1
tion of subsection (b) with respect to an individual des-
2
ignated under subsection (a) if the Secretary determines
3
that such a waiver is in the national interest of the United
4
States.
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(d) REPORT REQUIRED.—
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(1) IN
GENERAL.—Not later than one year
7
after the date of the enactment of this Act, and an-
8
nually thereafter, the Secretary shall submit to the
9
committees specified in paragraph (3) a report—
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(A)
identifying
individuals
designated
11
under subsection (a) during the year preceding
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submission of the report;
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(B) listing the waivers issued under sub-
14
section (c) during that year; and
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(C) setting forth a justification for each
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such waiver.
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(2) FORM OF REPORT; AVAILABILITY.—
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(A) FORM.—Each report required by para-
19
graph (1) shall be submitted in unclassified
20
form but may include a classified annex.
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(B) AVAILABILITY.—The unclassified por-
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tion of each report required by paragraph (1)
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shall posted on a publicly accessible website of
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the Department of State.
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•S 126 IS
(3) COMMITTEES SPECIFIED.—The committees
1
specified in this paragraph are—
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(A) the Committee on the Judiciary and
3
the Committee on Foreign Relations of the Sen-
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ate; and
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(B) the Committee on the Judiciary and
6
the Committee on Foreign Affairs of the House
7
of Representatives.
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(e) RULE OF CONSTRUCTION.—Nothing in this sec-
9
tion may be construed to apply to actions taken—
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(1) to provide assistance to promote democratic
11
elections or public participation in democratic proc-
12
esses; or
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(2) to support a democratic transition.
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Æ
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