Introduced in Senate — S. 4873

119th CONGRESS

2d Session

S. 4873

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.

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

(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

(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

(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.