No Funds for Fascists Act

Bill Number

H.R. 1619

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

International Affairs

Status

Introduced

Latest Action

2025-02-26: Referred to the House Committee on Foreign Affairs.

Last Updated

2025-05-09T16:58:14Z

AI-Generated Summary

Purpose of the Legislation

The "No Funds for Fascists Act" (H.R. 1619) aims to prevent the United States from providing foreign assistance to governments that violate free speech rights equivalent to those protected under the U.S. Constitution's First Amendment. It specifically targets censorship or coercion of speech by foreign officials, particularly when directed at online or media platforms, to promote democratic values in U.S. foreign aid decisions.

Key Provisions

• Prohibition on Assistance: Starting from the fiscal year of enactment, no U.S. funds (including those under the Foreign Assistance Act of 1961) can be used to aid a foreign government if the Secretary of State determines that the government or its officials:
• Directly restrict or censor speech that would be protected in the U.S. (e.g., political opinions or criticism of the government).
• Use any communication (public or private) to pressure, coerce, or encourage "covered platforms" (such as social media sites or news outlets) to censor such protected speech.
• Publication Requirement: The Secretary of State must publish each determination in the Federal Register (a public government record) to ensure transparency.
• Waiver Option: The President can override the prohibition if it serves U.S. national security interests, but must:
• Consult with key congressional committees (House Foreign Affairs and Senate Foreign Relations) at least 15 days in advance.
• Submit a detailed report to Congress including the country involved, security reasons, aid details, and waiver duration.
• Definitions:
• Covered Platform: Includes interactive online services (as defined under Section 230 of the Communications Act, which protects platforms like websites from liability for user content) and any media outlet that shares information via broadcast, print, online, or other means.
• Employee Acting Under Official Authority: Covers government workers, heads of state, or contractors acting on behalf of the government.

Significant Changes to Existing Law

This bill adds a new, specific condition to U.S. foreign aid laws, linking assistance directly to protections for U.S.-style free speech. While existing laws (like the Foreign Assistance Act) already allow aid restrictions for human rights violations, this introduces targeted criteria focused on speech censorship and platform coercion, with mandatory determinations and waiver processes not previously required for this issue.

Potential Impacts

• On Government Agencies: The State Department will face increased responsibilities for monitoring and deciding on foreign governments' speech practices, potentially complicating aid budgeting and distribution. The President and Congress gain tools for oversight but may need to balance this with broader foreign policy goals.
• On Citizens: U.S. taxpayers could see foreign aid redirected away from censorious regimes, indirectly supporting global free expression. It may empower activists or journalists abroad by signaling U.S. opposition to censorship.
• On International Relations: Could strain ties with countries that engage in speech suppression (e.g., those pressuring tech companies to remove content), reducing U.S. leverage or aid to allies. Conversely, it might strengthen partnerships with nations upholding free speech, influencing global norms on internet freedom.

Main Stakeholders Affected

• U.S. Government Entities: State Department (for determinations), President (for waivers), and congressional committees (for consultations and reports).
• Foreign Governments: Recipients of U.S. aid, particularly those with censorship laws or practices, who may lose funding unless they reform.
• Tech and Media Companies: "Covered platforms" (e.g., social media firms like Meta or X, and news organizations) benefit from protections against foreign coercion but may face indirect U.S. pressure to resist it.
• Global Civil Society: Activists, journalists, and users of online platforms in affected countries, who could gain from reduced aid to repressive regimes.

Notable Legal, Constitutional, or Political Implications

• Legal: Establishes a mechanism to apply U.S. First Amendment standards (which protect speech from government interference) as a benchmark for foreign aid eligibility, potentially leading to legal challenges over determinations or waivers. It builds on existing communications laws (e.g., Section 230) without altering them directly.
• Constitutional: Reinforces U.S. commitment to free speech abroad through foreign policy, but raises questions about enforcing domestic constitutional norms internationally without violating sovereignty principles.
• Political: Positions the U.S. as a defender of free expression in an era of rising digital censorship, which could appeal to free speech advocates but draw criticism for politicizing aid or interfering in other nations' affairs. The bill's title ("No Funds for Fascists Act") adds a provocative tone, potentially fueling partisan debates in Congress.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Mace, Nancy [R-SC-1]

Cosponsors (1)

Rep. Salazar, Maria Elvira [R-FL-27]

Recent Actions

• 2025-02-26: Referred to the House Committee on Foreign Affairs.
• 2025-02-26: Introduced in House
• 2025-02-26: Introduced in House

Bill Versions

• No Funds for Fascists Act — issued 2025-02-26 — PDF (5 pages)