Current status is Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

119th CONGRESS

1st Session

H. R. 5101

1. Short title
2. Statement of policy
3. Suspension of assistance to the Government of Tunisia
4. Sanctions
5. Strategy to restore democracy in Tunisia
6. Sunset

1. Short title

This Act may be cited as the "Tunisia Democracy Restoration Act".

2. Statement of policy

It is the policy of the United States to support the restoration of democracy in Tunisia and to oppose the authoritarian takeover by the illegitimate regime led by Kais Saied.

3. Suspension of assistance to the Government of Tunisia

Notwithstanding any other provision of law, no funding may be appropriated or otherwise made available to any security services or units in Tunisia which are linked to human rights abuses, domestic repression, or the undermining of democracy in Tunisia.

4. Sanctions

(a) List required - Not later than 180 days after the date of the enactment of this Act, the President shall make publicly available on a website of the Federal Government, a list of foreign persons that—

(1) - the President determines to be engaged in—

(A) - actions that undermine democratic processes or institutions of Tunisia; or

(B) - significant corruption in Tunisia; and

(2) - the President determines to be knowingly responsible for or complicit in serious human rights abuses committed against the citizens of Tunisia, or their family members, including the forced disappearance, arrest, detention, or charging of political prisoners, activists, journalists, or lawyers for opposing the regime led by Kais Saied.

(b) Persons To be included on list - In developing the list required by subsection (a), the President shall consider for inclusion on the list officials of the Government of Tunisia, if they meet criteria for inclusion under subparagraph (a)(1) and (a)(2).

(c) Updates to list - The President shall update the list required by subsection (a) every six months for a period of four years.

(d) Imposition of sanctions -

(1) In general - The President shall impose the sanctions described in paragraph (2) with respect to each foreign person on the list required by subsection (a).

(2) Sanctions described - The sanctions described in this paragraph are the following:

(A) Property blocking - The President shall exercise all powers granted by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person on the list required by subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(B) Aliens ineligible for visas, admission, or parole -

(i) Visas, admission, or parole - An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) identifies as on the list required by subsection (a) is—

(I) - inadmissible to the United States;

(II) - ineligible to receive a visa or other documentation to enter the United States; and

(III) - 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.).

(ii) Current visas revoked -

(I) In general - The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) identifies as on the list required by subsection (a), regardless of when the visa or other documentation is issued.

(II) Effect of revocation - A revocation under subclause (I)—

(aa) - shall take effect immediately; and

(bb) - shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession.

(3) Penalties - A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

(4) Exception to comply with United Nations headquarters agreement - Sanctions under paragraph (1)(B) shall not apply with respect to an alien if admitting the alien 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 agreements.

(e) Suspension - The President may suspend in whole or in part the imposition of sanctions otherwise required under this section if the President determines that the following criteria have been met in Tunisia:

(1) - Tunisia has restored the democratic constitution of 2014.

(2) - Free and fair elections have been held in Tunisia, pursuant to the 2014 constitution, under international monitoring and supervision.

(3) - All Tunisian political prisoners have been released including activists, journalists, former members of Parliament, and others who have been unjustly detained by the regime of Kais Saied.

(f) Exemptions and waiver -

(1) Exemptions - Activities and transactions shall be exempt from sanctions authorized under this section that are necessary to comply with United States obligations under—

(A) - 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;

(B) - the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967; or

(2) Waiver - The President may, for periods not to exceed 180 days, waive the application of any provision of this section with respect to a foreign person if the President certifies to Congress that such a waiver is in the national security interests of the United States.

5. Strategy to restore democracy in Tunisia

Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to Congress a strategy regarding steps that can be taken to restore democracy to Tunisia, including restoring Tunisian democratic institutions such as the Parliament and the independent judiciary, as well as restoring the democratic constitution of 2014.

6. Sunset

This Act shall cease to be effective beginning on the date that is 4 years after the date of the enactment of this Act.

119-HR5101

Tunisia Democracy Restoration Act