S. 4873

[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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