[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4873 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4873
To amend the Foreign Assistance Act of 1961 by limiting nonmilitary
foreign assistance to organizations that provide or promote abortion,
promote gender ideology, or promote discriminatory equity ideology, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 23, 2026
Mr. Budd (for himself, Mr. Risch, Mr. Wicker, Mr. Lankford, Mr. Graham,
Mrs. Blackburn, Mr. Daines, Mr. Justice, and Mr. Ricketts) introduced
the following bill; which was read twice and referred to the Committee
on Foreign Relations
_______________________________________________________________________
A BILL
To amend the Foreign Assistance Act of 1961 by limiting nonmilitary
foreign assistance to organizations that provide or promote abortion,
promote gender ideology, or promote discriminatory equity ideology, 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 ``Promoting Human Flourishing in
Foreign Assistance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Abortion.--The term ``abortion'' means the use or
prescription of any instrument, medicine, drug, or any other
substance or device--
(A) to intentionally kill the unborn child of a
woman known to be pregnant; or
(B) to intentionally terminate the pregnancy of a
woman known to be pregnant, with an intention other
than--
(i) after viability to produce a live birth
and preserve the life and health of the child
born alive; or
(ii) to remove a dead unborn child.
(2) Discriminatory equity ideology.--The term
``discriminatory equity ideology''--
(A) means an ideology that--
(i) treats individuals as members of
preferred or disfavored groups, rather than as
individuals; and
(ii) minimizes agency, merit, and
capability in favor of generalizations; and
(B) includes any of the following concepts:
(i) Members of one race, color, religion,
sex, or national origin are morally or
inherently superior to members of another race,
color, religion, sex, or national origin.
(ii) An individual, by virtue of the
individual's race, color, religion, sex, or
national origin, is inherently racist, sexist,
or oppressive, whether consciously or
unconsciously.
(iii) An individual's moral character or
status as privileged, oppressing, or oppressed
is primarily determined by the individual's
race, color, religion, sex, or national origin.
(iv) Members of one race, color, religion,
sex, or national origin cannot and should not
attempt to treat others without respect to
their race, color, religion, sex, or national
origin.
(v) An individual, by virtue of the
individual's race, color, religion, sex, or
national origin, bears responsibility for,
should feel guilt, anguish, or other forms of
psychological distress because of, should be
discriminated against, blamed, or stereotyped
for, or should receive adverse treatment
because of actions committed in the past by
other members of the same race, color,
religion, sex, or national origin, in which the
individual played no part.
(vi) An individual, by virtue of the
individual's race, color, religion, sex, or
national origin, should be discriminated
against or receive adverse treatment to achieve
diversity, equity, or inclusion.
(vii) Virtues, such as merit, excellence,
hard work, fairness, neutrality, objectivity,
and racial colorblindness are racist or sexist
or were created by members of a particular
race, color, religion, sex, or national origin
to oppress members of another race, color,
religion, sex, or national origin.
(viii) The United States is fundamentally
racist, sexist, or otherwise discriminatory.
(3) Female.--The term ``female'' means a person who
naturally has, had, or will have, but for a congenital anomaly
or intentional or unintentional disruption, a reproductive
system that produces, transports, and utilizes the large gamete
(ova) for fertilization.
(4) Foreign nongovernmental organization.--The term
``foreign nongovernmental organization'' means any
nongovernmental organization or entity (including any
commercial firm and educational institution) that is not
organized or existing under the laws of the United States, any
State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or any other territory or
possession of the United States.
(5) Gender identity.--The term ``gender identity''--
(A) means a purely internal, subjective sense of
self that is disconnected and separate from biological
sex;
(B) does not provide a meaningful basis for
identification; and
(C) cannot be recognized as a replacement for sex.
(6) Gender ideology.--The term ``gender ideology''--
(A) means an ideology that replaces, or treats as
superior to, the biological category of sex with an
ever-shifting concept of a self-proclaimed gender
identity, which permits the false claim that males can
identify as and become females and females can identify
as and become males; and
(B) includes the idea that there is a vast spectrum
of genders that are disconnected from a person's sex.
(7) International organization.--The term ``international
organization'' means--
(A) any organization designated as being entitled
to enjoy the privileges, exemptions, and immunities
under the International Organizations Immunities Act
(22 U.S.C. 288 et seq.);
(B) any organization treated as a public
international organization pursuant to the regulations
or policies of the Department of State;
(C) any organization established by international
agreement and whose governing body is composed
principally of representatives of national governments;
or
(D) any other multilateral entity in which
sovereign nations participate.
(8) Male.--The term ``male'' means a person who naturally
has, had, or will have, but for a congenital anomaly or
intentional or unintentional disruption, a reproductive system
that produces, transports, and utilizes the small gamete
(sperm) for fertilization.
(9) Nonmilitary foreign assistance.--The term ``nonmilitary
foreign assistance'' means foreign assistance to be used for
nonmilitary purposes, including--
(A) global health programs;
(B) humanitarian assistance;
(C) economic and development assistance;
(D) stabilization assistance;
(E) civil society and democracy programming;
(F) migration and refugee assistance; and
(G) voluntary contributions to international
organizations.
(10) Parastatal.--The term ``parastatal'' means--
(A) a foreign-government-owned organization
operated as a commercial company; or
(B) any other organization, including nonprofits,
or enterprises in which foreign governments or foreign
government agencies have a controlling interest.
(11) Promote abortion.--The term ``promote abortion''
means--
(A) committing financial or other resources to
increase the availability or use of abortion;
(B) operating a service delivery site that provides
counseling, including advice and information, regarding
the benefits or availability of abortion, excluding a
site operated by a United States nongovernmental
organization that is in full compliance with the
physical and financial separation requirements under
this Act with respect to foreign assistance;
(C) providing advice that abortion is an available
option, or referring for, or encouraging females to
consider abortion;
(D) lobbying, pressuring, or encouraging a foreign
government to legalize or make available abortion or to
continue the legality of abortion;
(E) conducting a public information campaign in a
foreign country regarding the benefits or availability
of abortion; or
(F) using or teaching from sex education materials
or other educational materials, including books,
curricula, and media, which encourage abortion.
(12) Promote discriminatory equity ideology.--
(A) In general.--The term ``promote discriminatory
equity ideology'' means using or teaching education
materials (including books, curricula, and media) that
advance discriminatory equity principles.
(B) Exception.--An action by an individual who is
acting in his or her personal capacity may not be
attributed to an organization with which the individual
is associated if--
(i) such individual--
(I) is not on duty; and
(II) is not acting on the
organization's premises; and
(ii) such organization--
(I) does not endorse or provide
financial support for such action; and
(II) takes reasonable steps to
ensure such individual does not
improperly represent that he or she is
acting on behalf of the organization.
(13) Promote gender ideology.--The term ``promote gender
ideology'' means any activity in support of the possibility of
changing one's gender, including--
(A) the provision or promotion of sex-rejecting
procedures or sex-rejecting social transition;
(B) committing financial or other resources to
increase the availability or use of sex-rejecting
procedures or sex-rejecting social transition;
(C) operating a service-delivery site that provides
counseling, including advice and information, regarding
the benefits or availability of sex-rejecting
procedures or sex-rejecting social transition,
excluding a site operated by a United States
nongovernmental organization that is in full compliance
with the physical and financial separation requirements
under this Act with respect to foreign assistance;
(D) providing advice that sex-rejecting procedures
or sex-rejecting social transition is an available
option for treatment of gender dysphoria, or referring
or encouraging individuals to consider such procedures
or transition;
(E) lobbying, pressuring, or encouraging a foreign
government--
(i) to provide special legal status or
protections based on gender identity;
(ii) to legalize or make available sex-
rejecting procedures or sex-rejecting social
transition;
(iii) to otherwise promote gender ideology;
or
(iv) to continue the legality of any such
activities or otherwise to change policies to
reflect gender ideology;
(F) conducting a public-information campaign in
foreign countries regarding acceptance of gender
ideology, or the benefits or availability of sex-
rejecting procedures or sex-rejecting social
transition;
(G) using or teaching from sex education materials,
including books, curricula, and media, which include
gender ideology, such as--
(i) it is possible to change one's sex;
(ii) it is possible to be born in the wrong
body; or
(iii) instructing on the use of pronouns
that do not correspond to an individual's sex;
and
(H) conducting drag queen workshops, performances,
or documentaries.
(14) Provide a sex-rejecting procedure.--The term ``provide
a sex-rejecting procedure'' means any act of--
(A) performing any procedure, or prescribing,
dispensing, or utilizing any drug or device, for a sex-
rejecting procedure; or
(B) paying for, assisting in carrying out, or
operating a facility that carries out, any act
described in subparagraph (A).
(15) Sex.--The term ``sex'' means a person's immutable
biological classification, determined at the moment of
conception, as either male or female.
(16) Sex-rejecting procedure.--The term ``sex-rejecting
procedure''--
(A) means any pharmaceutical or surgical
intervention that is provided for the purpose of
attempting to align an individual's physical appearance
or body with an asserted identity that differs from the
individual's sex by intentionally--
(i) disrupting or suppressing the normal
development of natural biological functions,
including primary or secondary sex-based
traits; or
(ii) altering an individual's physical
appearance or body, including amputating,
minimizing or destroying primary or secondary
sex-based traits, such as the sexual and
reproductive organs; and
(B) does not include any procedure undertaken--
(i) to treat a person with a medically
verifiable disorder of sexual development;
(ii) for purposes other than attempting to
align an individual's physical appearance or
body with an asserted identity that differs
from the individual's sex; or
(iii) to treat complications of, including
any infection, injury, disease, or disorder
that has been caused by or exacerbated by, the
performance of, such a sex rejecting procedure.
(17) Social transition.--The term ``social transition''--
(A) means the nonchemical and nonsurgical aspects
of the process of adopting a gender identity or gender
marker that differs from a person's sex;
(B) includes--
(i) psychological or psychiatric counseling
or treatment by a counselor or other provider;
(ii) modifying a person's name or pronouns;
(iii) referring to a person by a term that
is inconsistent with the person's biological
sex of male or female;
(iv) enabling the use of intimate
facilities and accommodations, such as
bathrooms or locker rooms, specifically
designated for persons of the opposite sex;
(v) authorizing the participation in
athletic competitions or other activities
specifically designated for persons of the
opposite sex; and
(vi) using non-medical, physical, sex-
rejecting interventions, such as binders used
to flatten female breasts; and
(C) does not include the provision of sex-rejecting
procedures.
(18) United states nongovernmental organization.--The term
``United States nongovernmental organization'' means any
nongovernmental organization or entity (including any
commercial firm and educational institution) that is organized
or existing under the laws of the United States, any State of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, or any other territory or possession of the
United States.
(19) Unlawful dei-related discrimination.--The term
``unlawful DEI-related discrimination''--
(A) means discrimination on the basis of race,
color, religion, sex, or national origin, if such
discrimination--
(i) violates United States anti-
discrimination law; or
(ii) would violate such law if such
activity occurred inside the United States,
including the use of such characteristics as a
selection criterion or preference for, or basis
for exclusion from, employment, contracting,
program participation, resource allocation, or
similar activities, opportunities, or benefits;
(B) includes all conduct that discriminates on the
basis of race, color, religion, sex, or national origin
that violates United States Federal anti-discrimination
laws or would violate such laws if such activity
occurred inside the United States, including--
(i) training sessions;
(ii) segregation in facilities or
resources;
(iii) implicit segregation through program
eligibility;
(iv) hiring panels;
(v) candidate pools;
(vi) program participation;
(vii) DEI training programs that promote
discrimination based on protected
characteristics, such as by stereotyping,
excluding, or disadvantaging individuals, or
creating a hostile environment; and
(viii) any other ``unlawful practices''
under the Attorney General's Guidance for
Recipients of Federal Funding Regarding
Unlawful Discrimination (July 29, 2025) with
respect to such characteristics; and
(C) does not apply to--
(i) a religious corporation, association,
or society with respect to the employment of
individuals of a particular religion to perform
work connected with the carrying on by such
corporation, association, or society of its
religious activities; or
(ii) screening, monitoring, and management
of prenatal and postnatal care for the purpose
of improving maternal and infant health
outcomes and reducing maternal mortality for
women.
SEC. 3. PROTECTING LIFE IN FOREIGN ASSISTANCE.
(a) Foreign Nongovernmental Organizations and International
Organizations.--Except as provided in subsection (f), any foreign
nongovernmental organization or international organization that
receives or implements a grant or cooperative agreement for nonmilitary
foreign assistance shall agree that, during the period of the award, it
will not, outside of the United States, provide or promote abortion or
provide financial support to any other foreign nongovernmental
organization or international organization that engages in such
activities.
(b) United States Nongovernmental Organizations.--Except as
provided in subsection (f), any United States nongovernmental
organization that receives or implements a grant or cooperative
agreement for nonmilitary foreign assistance is not subject to the
requirements under subsection (a), but shall agree that, during the
period of the award--
(1) it will not, outside of the United States, provide
abortion;
(2) it will not, within the scope of any program, project,
or activity funded by foreign assistance, provide or promote
abortion; and
(3) it will ensure the physical and financial separation of
its nonmilitary foreign assistance funded programs projects and
activities from the provision or promotion of abortion.
(c) Foreign Governments and Parastatals.--The Secretary of State or
the Under Secretary of State for Foreign Assistance, Humanitarian
Affairs, and Religious Freedom may require any foreign government or
parastatal that receives or implements a grant or cooperative agreement
for nonmilitary foreign assistance to agree that, during the period of
the award, it will not use nonmilitary foreign assistance funds
received under the award to provide or promote abortion.
(d) Subrecipients.--The restrictions set forth in subsections (a)
through (c) shall apply to subrecipients of foreign assistance in the
same manner as the principal recipient.
(e) Applicability.--The restrictions set forth in subsections (a)
through (d) shall apply to all non-military foreign assistance
programs, includes global health assistance, humanitarian assistance,
and civil society and democracy programs.
(f) Exceptions.--The restrictions set forth in subsections (a)
through (c) shall not apply--
(1) to an abortion involving a woman suffering from a
physical disorder, physical injury, or physical illness that
would, as certified by a physician, place the woman in danger
of death unless an abortion is performed, including a life-
endangering physical condition caused by or arising from the
pregnancy itself; or
(2) to treatment for an ectopic pregnancy.
SEC. 4. COMBATING GENDER IDEOLOGY IN FOREIGN ASSISTANCE.
(a) Foreign Nongovernmental Organizations and International
Organizations.--Any foreign nongovernmental organization or
international organization that receives or implements a grant or
cooperative agreement for nonmilitary foreign assistance shall agree
that, during the period of the award, it will not, outside of the
United States, promote gender ideology or provide financial support to
any other foreign nongovernmental organization or international
organization that promotes gender ideology.
(b) United States Nongovernmental Organizations.--Any United States
nongovernmental organization that receives or implements a grant or
cooperative agreement for nonmilitary foreign assistance is not subject
to the requirements under subsection (a), but shall agree that, during
the period of the award--
(1) it will not, outside of the United States, provide or
promote sex-rejecting procedures or sex-rejecting social
transitions;
(2) it will not, within the scope of any program, project,
or activity funded by foreign assistance, promote gender
ideology; and
(3) it will ensure the physical and financial separation of
its foreign assistance funded programs projects and activities
from the promotion of gender ideology.
(c) Foreign Governments and Parastatals.--The Secretary of State or
the Under Secretary of State for Foreign Assistance, Humanitarian
Affairs, and Religious Freedom may require any foreign government or
parastatal that receives or implements a grant or cooperative agreement
for nonmilitary foreign assistance--
(1) to agree that, during the period of the award, it will
not use foreign assistance funds received under the award to
promote gender ideology; and
(2) to place any foreign assistance funds received under
this award in a segregated account to ensure such funds are not
used to promote gender ideology to the extent the foreign
government conducts or supports such activity.
(d) Subrecipients.--The restrictions set forth in subsections (a)
through (c) shall apply to subrecipients of foreign assistance in the
same manner as the principal recipient.
(e) Applicability.--The restrictions set forth in subsections (a)
through (d) shall apply to all non-military foreign assistance
programs, includes global health assistance, humanitarian assistance,
and civil society and democracy programs, to ensure that--
(1) foreign assistance programs do not support--
(A) foreign nongovernmental organizations and
international organizations that promote gender
ideology; or
(B) United States nongovernmental organizations
that provide sex-rejecting procedures; and
(2) humanitarian assistance and gender-related programs
receiving foreign assistance do not promote gender ideology.
SEC. 5. COMBATING DISCRIMINATORY EQUITY IDEOLOGY IN FOREIGN ASSISTANCE.
(a) Foreign Nongovernmental Organizations and International
Organizations.--Any foreign nongovernmental organization or
international organization that receives or implements a grant or
cooperative agreement for foreign assistance shall agree that, during
the period of the award, it will not, outside of the United States,
promote discriminatory equity ideology, engage in unlawful DEI-related
discrimination, or provide financial support to any other foreign
nongovernmental organization or international organization that
conducts such activities.
(b) United States Nongovernmental Organizations.--Any United States
nongovernmental organization that receives or implements a grant or
cooperative agreement for foreign assistance is not subject to the
requirements under subsection (a), but shall agree that, during the
period of the award--
(1) it will not, outside of the United States, engage in
unlawful DEI-related discrimination;
(2) it will not, within the scope of any program, project,
or activity funded by nonmilitary foreign assistance, promote
discriminatory equity ideology or engage in such
discrimination; and
(3) it will ensure the physical and financial separation of
its nonmilitary foreign assistance-funded programs, projects,
and activities from any activities described in paragraphs (1)
and (2).
(c) Foreign Governments and Parastatals.--The Secretary of State or
the Under Secretary of State for Foreign Assistance, Humanitarian
Affairs, and Religious Freedom may require any foreign government or
parastatal that receives or implements a grant or cooperative agreement
for nonmilitary foreign assistance--
(1) to agree that, during the period of the award, it will
not use nonmilitary foreign assistance funds received under the
award to promote discriminatory equity ideology or engage in
unlawful DEI-related discrimination; and
(2) to place any nonmilitary foreign assistance funds
received under such award in a segregated account to ensure
such funds are not used to support the activities described in
paragraph (1) to the extent the foreign government conducts or
supports such activities.
(d) Subrecipients.--The restrictions set forth in subsections (a)
through (c) shall apply to subrecipients of foreign assistance in the
same manner as the principal recipient.
(e) Applicability.--The restrictions set forth in subsections (a)
through (d) shall apply to all nonmilitary foreign assistance programs,
including global health assistance, humanitarian assistance, and civil
society and democracy programs, to ensure that foreign assistance
programs do not support--
(1) foreign nongovernmental organizations and international
organizations that promote discriminatory equity ideology; or
(2) United States nongovernmental organizations that engage
in unlawful DEI-related discrimination.
SEC. 6. WAIVER.
The Secretary of State may waive the application of any provision
under this Act by certifying to the Committee on Foreign Relations of
the Senate, the Committee on Foreign Affairs of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Committee on Oversight and Government
Reform of the House of Representatives that--
(1) such waiver is in the national security or foreign
policy interests of the United States;
(2) the implementing partner that would be negatively
affected by such provision is the only provider of the specific
services for which the nonmilitary foreign assistance would be
used;
(3) the requested scope of the waiver is narrowly tailored
to only include such services; and
(4) the implementing partner has made a good faith effort
to comply with such provision.
SEC. 7. RULE OF CONSTRUCTION.
The provisions of this Act affecting United States nongovernmental
organizations--
(1) shall be construed in a manner that is consistent with
the First Amendment to the Constitution of the United States;
and
(2) may not be construed to restrict the freedoms of speech
or association of such organizations when using non-Federal
funds outside the scope of a program, project, or activity for
which foreign assistance is made available.
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