What This Bill Does
This bill stops the federal government from spending money to help foreign countries that have laws criminalizing or discriminating against people based on sexual orientation. The President can make an exception only if the assistance is vital to U.S. national security. When the President does this, the President must brief Congress about the decision. (Sec. 2)
Who It Affects
The federal government and the President when deciding whether to give aid to foreign countries. Foreign countries with laws that criminalize or discriminate based on sexual orientation.
Key Provisions
• No federal money can be spent to help countries that have laws criminalizing or discriminating based on sexual orientation, including laws against homosexuality or same-sex marriage. (Sec. 2(a))
• The President can spend federal money to help these countries only if the President decides it is vital to U.S. national security, and only in individual cases. (Sec. 2(b)(1))
• When the President makes this exception, the President must tell specific congressional committees and congressional leaders about the decision. (Sec. 2(b)(2))
What Changes
Federal spending on foreign aid changes if countries have laws criminalizing or discriminating based on sexual orientation. Money can no longer go to these countries unless the President decides it is vital to national security and provides notice to Congress.
Important Definitions
The bill defines "appropriate congressional committees" as the House Committee on Foreign Affairs, House Permanent Select Committee on Intelligence, Senate Committee on Foreign Relations, and Senate Select Committee on Intelligence. (Sec. 2(d)(1))
The bill defines "congressional leadership" as the Speaker of the House, House minority leader, Senate majority leader, and Senate minority leader. (Sec. 2(d)(2))
Effective Date
The law takes effect 180 days after Congress approves it. (Sec. 2(e))
I
118TH CONGRESS
1ST SESSION H. R. 1736
To prohibit the availability of funds to provide assistance to foreign countries
that criminalize or discriminate based on sexual orientation, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 23, 2023
Mr. SANTOS introduced the following bill; which was referred to the
Committee on Foreign Affairs
A BILL
To prohibit the availability of funds to provide assistance
to foreign countries that criminalize or discriminate
based on sexual orientation, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Equality and Fiscal
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Accountability Protection Act of 2023’’.
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SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR
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FOREIGN COUNTRIES THAT CRIMINALIZE OR
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DISCRIMINATE BASED ON SEXUAL ORIENTA-
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TION.
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(a) PROHIBITION.—Except as provided in subsection
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(b), no Federal funds may be obligated or expended to
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provide assistance, directly or indirectly, to a country de-
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scribed in subsection (c).
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(b) EXCEPTION.—
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(1) IN GENERAL.—The President may author-
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ize an obligation or expenditure of Federal funds to
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assist a country described in subsection (c) only if
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the President determines, on a case-by-case basis,
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that such proposed obligation or expenditure is vital
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to the national security interests of the United
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States.
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(2) BRIEFING.—Upon making a determination
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under paragraph (1), the President, acting through
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the Secretary of State, shall provide to the appro-
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priate congressional committees and congressional
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leadership a briefing on such determination.
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(c) COUNTRIES DESCRIBED.—A country described in
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this subsection is a foreign country the government of
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which the President determines has enacted or established
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and is implementing any provision of law, or provision
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which has the force and effect of law, that criminalizes
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•HR 1736 IH
or discriminates on the basis of sexual orientation, includ-
1
ing by criminalizing homosexuality or same-sex marriage.
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(d) DEFINITIONS.—In this section:
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
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TEES.—The term ‘‘appropriate congressional com-
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mittees’’ means the following:
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(A) The Committee on Foreign Affairs and
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the Permanent Select Committee on Intelligence
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of the House of Representatives.
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(B) The Committee on Foreign Relations
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and the Select Committee on Intelligence of the
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Senate.
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(2) CONGRESSIONAL LEADERSHIP.—The term
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‘‘congressional leadership’’ means the following:
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(A) The Speaker of the House of Rep-
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resentatives.
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(B) The minority leader of the House of
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Representatives.
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(C) The majority leader of the Senate.
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(D) The minority leader of the Senate.
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(e) EFFECTIVE DATE.—This Act shall take effect on
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the date that is 180 days after the date of the enactment
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of this Act.
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Æ
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