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Promoting Human Flourishing in Foreign Assistance Act

Introduced Jun 23, 2026 · Last action Jun 23, 2026 Read twice and referred to the Committee on Foreign Relations.

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Summary

This legislation is called the Promoting Human Flourishing in Foreign Assistance Act. It is being reviewed by a committee.

Full bill text

[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.
                                 <all>

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Status

In Committee

  1. 1Introduced
  2. 2Committee
  3. 3Floor
  4. 4Passed
  5. 5Signed

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