[Congressional Record Volume 169, Number 19 (Monday, January 30, 2023)]
[Senate]
[Page S148]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Ms. Hirono, and Mr. Sanders):
  S. 126. A bill to make individuals responsible for undermining free 
and fair democratic elections inadmissible to the United States; to the 
Committee on the Judiciary.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 126

       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.
                                 ______