Equality and Fiscal Accountability Protection Act of 2023

Subjects: International Affairs


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1736 Introduced in House (IH)]

&lt;DOC&gt;






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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equality and Fiscal Accountability 
Protection Act of 2023''.

SEC. 2. PROHIBITION ON AVAILABILITY OF FUNDS FOR FOREIGN COUNTRIES THAT 
              CRIMINALIZE OR DISCRIMINATE BASED ON SEXUAL ORIENTATION.

    (a) Prohibition.--Except as provided in subsection (b), no Federal 
funds may be obligated or expended to provide assistance, directly or 
indirectly, to a country described in subsection (c).
    (b) Exception.--
            (1) In general.--The President may authorize an obligation 
        or expenditure of Federal funds to assist a country described 
        in subsection (c) only if the President determines, on a case-
        by-case basis, that such proposed obligation or expenditure is 
        vital to the national security interests of the United States.
            (2) Briefing.--Upon making a determination under paragraph 
        (1), the President, acting through the Secretary of State, 
        shall provide to the appropriate congressional committees and 
        congressional leadership a briefing on such determination.
    (c) Countries Described.--A country described in this subsection is 
a foreign country the government of which the President determines has 
enacted or established and is implementing any provision of law, or 
provision which has the force and effect of law, that criminalizes or 
discriminates on the basis of sexual orientation, including by 
criminalizing homosexuality or same-sex marriage.
    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the following:
                    (A) The Committee on Foreign Affairs and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.
                    (B) The Committee on Foreign Relations and the 
                Select Committee on Intelligence of the Senate.
            (2) Congressional leadership.--The term ``congressional 
        leadership'' means the following:
                    (A) The Speaker of the House of Representatives.
                    (B) The minority leader of the House of 
                Representatives.
                    (C) The majority leader of the Senate.
                    (D) The minority leader of the Senate.
    (e) Effective Date.--This Act shall take effect on the date that is 
180 days after the date of the enactment of this Act.
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