H.R. 5302

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5302 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5302

To prohibit United States funds from being provided to foreign 
governments or organizations that subsidize or promote abortion, to 
codify the Mexico City Policy, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 11, 2025

Mr. Massie (for himself, Mr. Gosar, and Ms. Greene of Georgia) 
introduced the following bill; which was referred to the Committee on 
Foreign Affairs

_______________________________________________________________________

A BILL

To prohibit United States funds from being provided to foreign 
governments or organizations that subsidize or promote abortion, to 
codify the Mexico City Policy, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SEC. 1. SHORT TITLE.

This Act may be cited as the ``No Funds for Foreign Abortions 
Act''.

SEC. 2. PROHIBITION ON FUNDING ABORTION AND ABORTION PROMOTION 
OVERSEAS.

(a) Prohibition on Foreign Governments.--No funds made available 
under any Act authorizing or appropriating funds for foreign assistance 
may be obligated or expended to the government of any foreign country 
that, during the preceding fiscal year, provided, either directly or 
indirectly, regardless of whether such funds were segregated, 
commingled, or otherwise designated for a separate purpose, public 
funds or other funds controlled, directed, or disbursed by such 
government or by any entity substantially owned, operated, or funded by 
such government--
(1) for the performance of abortions;
(2) to any entity or program that performs, provides 
referrals for, or actively promotes abortion;
(3) to any entity or program that furnishes or develops any 
item intended to perform or procure abortions;
(4) to coerce or provide any financial incentive to any 
person to undergo an abortion or involuntary sterilization;
(5) to any entity or program that coerces or provides any 
financial incentive to any person to undergo an abortion or 
involuntary sterilization;
(6) to pay for any biomedical research which relates, in 
whole or in part, to methods of, or the performance of, 
abortions or involuntary sterilization; or
(7) to any entity or program that pays for any biomedical 
research which relates, in whole or in part, to methods of, or 
the performance of, abortions or involuntary sterilization.
(b) Prohibition on Foreign Nongovernmental Organizations and 
Multilateral Entities.--No funds made available under any Act 
authorizing or appropriating funds for foreign assistance may be 
furnished to any nongovernmental organization, international 
organization, or multilateral entity that, regardless of the source of 
funds--
(1) performs abortions or provides referrals for abortion 
services;
(2) actively promotes abortions;
(3) furnishes or develops any item intended to perform or 
procure abortions;
(4) coerces or provides any financial incentive to any 
person to undergo an abortion or involuntary sterilization; or
(5) pays for any biomedical research which relates, in 
whole or in part, to methods of, or the performance of, 
abortions or involuntary sterilization.
(c) Application Regardless of Funding Source.--The prohibitions in 
subsections (a) and (b) shall apply whether or not the activity 
described is funded in whole or in part by funds furnished by the 
United States.
(d) Definitions.--In this section--
(1) 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) to remove a dead unborn child caused by 
miscarriage;
(ii) to remove an ectopic pregnancy;
(iii) to perform a pre-viability separation 
procedure when such procedure is, in reasonable 
medical judgment, necessary to save or preserve 
the life of the pregnant woman; or
(iv) after viability, to produce a live 
birth and preserve the life and health of the 
child born alive;
(2) the term ``actively promotes abortion'' includes 
advocating for abortion in public or private fora, counseling a 
woman in favor of obtaining an abortion, lobbying for changes 
to abortion laws or policies that expand access to abortion, 
producing or disseminating materials that encourage abortion, 
or training personnel in abortion procedures;
(3) the term ``foreign nongovernmental organization'' means 
any entity not organized under United States law, including any 
subsidiary, affiliate, or branch thereof located outside the 
United States, regardless of whether such entity also maintains 
a presence or registration in the United States;
(4) the term ``indirectly'' means through an intermediary, 
subrecipient, contractor, subgrantee, multilateral entity, 
international organization, pooled funding mechanism, in-kind 
contribution, fungible budget support, or any other arrangement 
in which United States funds, property, or services are used in 
a manner that enables, offsets, supplements, or allows other 
funds to be used for a prohibited activity, whether or not such 
use was a but-for cause of that activity, and regardless of 
whether such use is formally earmarked for that activity;
(5) the term ``multilateral entity'' includes the World 
Health Organization, the United Nations Population Fund, any 
specialized agency of the United Nations, any multilateral 
development bank, or any international body that funds or 
promotes abortion;
(6) the term ``pre-viability separation procedure'' means a 
medical procedure performed by a physician to remove an unborn 
child from his or her mother's uterine cavity before that stage 
of fetal development when, in the reasonable medical judgment 
of the physician based on the particular facts of the case 
before him or her and in light of the most advanced medical 
technology and information available to him or her, there is a 
reasonable likelihood of sustained survival of the unborn child 
outside the body of his or her mother, with or without 
artificial support. The term does not include an ``abortion'' 
as defined herein; and
(7) the term ``public funds'' means funds appropriated by a 
foreign government from its national or subnational budget, or 
funds controlled, directed, or disbursed by any entity 
substantially owned, operated, or funded by such government, 
whether provided in cash, in-kind, or as a fungible budget 
support.
(e) Coverage of United States Based Entities Operating Abroad.--For 
the purposes of this section, the prohibitions applicable to foreign 
nongovernmental organizations shall also apply to any activity 
conducted outside the United States by any organization, whether or not 
incorporated or organized under the laws of the United States, 
including any branch, office, affiliate, or other operation located 
outside the United States, regardless of whether such operation is 
separately incorporated or registered in the host country.
(f) Exceptions.--The prohibitions described in subsections (a) and 
(b) do not apply to abortions resulting from rape or incest.
(1) For the exception to apply, a woman must provide a copy 
of a restraining order, police report, medical record, or other 
court order or documentation providing evidence that she is 
obtaining the abortion because she is a victim of rape or 
incest.
(g) Certification, Monitoring, and Penalties.--
(1) Certification requirement.--As a precondition to the 
obligation or expenditure of any funds subject to this section, 
and annually thereafter for the duration of assistance, and at 
any other time the Secretary of State determines necessary 
based on credible information of a potential violation, the 
Secretary of State shall certify to the Committee on Foreign 
Affairs and the Committee on Appropriations of the House of 
Representatives and the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate, and shall make such 
certification publicly available on the website of the 
Department of State, that the recipient government, 
organization, or entity is in full compliance with the 
requirements of this section.
(2) Monitoring and audits.--
(A) In general.--The Secretary of State and the 
Administrator of the United States Agency for 
International Development shall establish monitoring, 
audit, and reporting mechanisms to ensure compliance 
with the prohibitions under this Act, and upon receipt 
of credible evidence of a potential violation, the 
Secretary shall immediately suspend further obligation 
or expenditure of funds to the recipient pending the 
outcome of an investigation.
(B) Deadline.--Any investigation initiated under 
this paragraph shall be completed not later than 90 
days after the date of suspension, unless the Secretary 
of State submits to the Committee on Foreign Affairs 
and the Committee on Appropriations of the House of 
Representatives and the Committee on Foreign Relations 
and the Committee on Appropriations of the Senate a 
written notification explaining the reasons for any 
delay and specifying the anticipated completion date, 
which shall not exceed an additional 90 days.
(3) Penalties for violations.--If a violation of this 
section is found after the funds have been disbursed, the 
Secretary of State shall--
(A) terminate further assistance to the violating 
recipient;
(B) require repayment of misused funds to the 
United States Treasury;
(C) declare the recipient ineligible for future 
assistance for a period of not less than three years 
from the date of such determination; and
(D) refer the matter to the Attorney General of the 
United States for potential civil or criminal 
enforcement, including prosecution for fraud, false 
statements, or misuse of Federal funds.
(4) Record keeping.--The Secretary of State shall maintain 
all certifications, monitoring reports, audit findings, and 
investigative records related to this Act for a period of not 
less than ten years, and such records shall be available to the 
relevant congressional committees upon request.
(h) Non-Supersession Clause.--No amendment to this title, the 
Foreign Assistance Act of 1961, or any other provision of law shall be 
construed to supersede, amend, or repeal this section unless such 
amendment specifically cites this section and expressly states the 
intent to supersede, amend, or repeal it.
(i) Rule of Construction.--Nothing in this section shall be 
construed to authorize the obligation or expenditure of funds for any 
purpose for which the obligation or expenditure of such funds is 
otherwise prohibited under any other provision of law.
(j) Severability.--If any provision of this section, or the 
application of such provision to any person or circumstance, is held to 
be invalid, the remainder of this section, and the application of the 
remaining provisions, shall not be affected.
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