Text of US SB 4873 (2026)

II 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. GRA- HAM, 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 pro- vide or promote abortion, promote gender ideology, or promote discriminatory equity ideology, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Promoting Human 4 Flourishing in Foreign Assistance Act’’. 5 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 4873 IS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) ABORTION.—The term ‘‘abortion’’ means 3 the use or prescription of any instrument, medicine, 4 drug, or any other substance or device— 5 (A) to intentionally kill the unborn child of 6 a woman known to be pregnant; or 7 (B) to intentionally terminate the preg- 8 nancy of a woman known to be pregnant, with 9 an intention other than— 10 (i) after viability to produce a live 11 birth and preserve the life and health of 12 the child born alive; or 13 (ii) to remove a dead unborn child. 14 (2) DISCRIMINATORY EQUITY IDEOLOGY.—The 15 term ‘‘discriminatory equity ideology’’— 16 (A) means an ideology that— 17 (i) treats individuals as members of 18 preferred or disfavored groups, rather than 19 as individuals; and 20 (ii) minimizes agency, merit, and ca- 21 pability in favor of generalizations; and 22 (B) includes any of the following concepts: 23 (i) Members of one race, color, reli- 24 gion, sex, or national origin are morally or 25 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 4873 IS inherently superior to members of another 1 race, color, religion, sex, or national origin. 2 (ii) An individual, by virtue of the in- 3 dividual’s race, color, religion, sex, or na- 4 tional origin, is inherently racist, sexist, or 5 oppressive, whether consciously or uncon- 6 sciously. 7 (iii) An individual’s moral character 8 or status as privileged, oppressing, or op- 9 pressed is primarily determined by the in- 10 dividual’s race, color, religion, sex, or na- 11 tional origin. 12 (iv) Members of one race, color, reli- 13 gion, sex, or national origin cannot and 14 should not attempt to treat others without 15 respect to their race, color, religion, sex, or 16 national origin. 17 (v) An individual, by virtue of the in- 18 dividual’s race, color, religion, sex, or na- 19 tional origin, bears responsibility for, 20 should feel guilt, anguish, or other forms 21 of psychological distress because of, should 22 be discriminated against, blamed, or 23 stereotyped for, or should receive adverse 24 treatment because of actions committed in 25 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 4873 IS the past by other members of the same 1 race, color, religion, sex, or national origin, 2 in which the individual played no part. 3 (vi) An individual, by virtue of the in- 4 dividual’s race, color, religion, sex, or na- 5 tional origin, should be discriminated 6 against or receive adverse treatment to 7 achieve diversity, equity, or inclusion. 8 (vii) Virtues, such as merit, excellence, 9 hard work, fairness, neutrality, objectivity, 10 and racial colorblindness are racist or sex- 11 ist or were created by members of a par- 12 ticular race, color, religion, sex, or national 13 origin to oppress members of another race, 14 color, religion, sex, or national origin. 15 (viii) The United States is fundamen- 16 tally racist, sexist, or otherwise discrimina- 17 tory. 18 (3) FEMALE.—The term ‘‘female’’ means a per- 19 son who naturally has, had, or will have, but for a 20 congenital anomaly or intentional or unintentional 21 disruption, a reproductive system that produces, 22 transports, and utilizes the large gamete (ova) for 23 fertilization. 24 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 4873 IS (4) FOREIGN NONGOVERNMENTAL ORGANIZA- 1 TION.—The term ‘‘foreign nongovernmental organi- 2 zation’’ means any nongovernmental organization or 3 entity (including any commercial firm and edu- 4 cational institution) that is not organized or existing 5 under the laws of the United States, any State of 6 the United States, the District of Columbia, the 7 Commonwealth of Puerto Rico, or any other terri- 8 tory or possession of the United States. 9 (5) GENDER IDENTITY.—The term ‘‘gender 10 identity’’— 11 (A) means a purely internal, subjective 12 sense of self that is disconnected and separate 13 from biological sex; 14 (B) does not provide a meaningful basis 15 for identification; and 16 (C) cannot be recognized as a replacement 17 for sex. 18 (6) GENDER IDEOLOGY.—The term ‘‘gender 19 ideology’’— 20 (A) means an ideology that replaces, or 21 treats as superior to, the biological category of 22 sex with an ever-shifting concept of a self-pro- 23 claimed gender identity, which permits the false 24 claim that males can identify as and become fe- 25 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 4873 IS males and females can identify as and become 1 males; and 2 (B) includes the idea that there is a vast 3 spectrum of genders that are disconnected from 4 a person’s sex. 5 (7) INTERNATIONAL ORGANIZATION.—The term 6 ‘‘international organization’’ means— 7 (A) any organization designated as being 8 entitled to enjoy the privileges, exemptions, and 9 immunities under the International Organiza- 10 tions Immunities Act (22 U.S.C. 288 et seq.); 11 (B) any organization treated as a public 12 international organization pursuant to the regu- 13 lations or policies of the Department of State; 14 (C) any organization established by inter- 15 national agreement and whose governing body 16 is composed principally of representatives of na- 17 tional governments; or 18 (D) any other multilateral entity in which 19 sovereign nations participate. 20 (8) MALE.—The term ‘‘male’’ means a person 21 who naturally has, had, or will have, but for a con- 22 genital anomaly or intentional or unintentional dis- 23 ruption, a reproductive system that produces, trans- 24 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •S 4873 IS ports, and utilizes the small gamete (sperm) for fer- 1 tilization. 2 (9) NONMILITARY FOREIGN ASSISTANCE.—The 3 term ‘‘nonmilitary foreign assistance’’ means foreign 4 assistance to be used for nonmilitary purposes, in- 5 cluding— 6 (A) global health programs; 7 (B) humanitarian assistance; 8 (C) economic and development assistance; 9 (D) stabilization assistance; 10 (E) civil society and democracy program- 11 ming; 12 (F) migration and refugee assistance; and 13 (G) voluntary contributions to inter- 14 national organizations. 15 (10) PARASTATAL.—The term ‘‘parastatal’’ 16 means— 17 (A) a foreign-government-owned organiza- 18 tion operated as a commercial company; or 19 (B) any other organization, including non- 20 profits, or enterprises in which foreign govern- 21 ments or foreign government agencies have a 22 controlling interest. 23 (11) PROMOTE ABORTION.—The term ‘‘promote 24 abortion’’ means— 25 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •S 4873 IS (A) committing financial or other resources 1 to increase the availability or use of abortion; 2 (B) operating a service delivery site that 3 provides counseling, including advice and infor- 4 mation, regarding the benefits or availability of 5 abortion, excluding a site operated by a United 6 States nongovernmental organization that is in 7 full compliance with the physical and financial 8 separation requirements under this Act with re- 9 spect to foreign assistance; 10 (C) providing advice that abortion is an 11 available option, or referring for, or encour- 12 aging females to consider abortion; 13 (D) lobbying, pressuring, or encouraging a 14 foreign government to legalize or make available 15 abortion or to continue the legality of abortion; 16 (E) conducting a public information cam- 17 paign in a foreign country regarding the bene- 18 fits or availability of abortion; or 19 (F) using or teaching from sex education 20 materials or other educational materials, includ- 21 ing books, curricula, and media, which encour- 22 age abortion. 23 (12) PROMOTE DISCRIMINATORY EQUITY IDE- 24 OLOGY.— 25 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •S 4873 IS (A) IN GENERAL.—The term ‘‘promote 1 discriminatory equity ideology’’ means using or 2 teaching education materials (including books, 3 curricula, and media) that advance discrimina- 4 tory equity principles. 5 (B) EXCEPTION.—An action by an indi- 6 vidual who is acting in his or her personal ca- 7 pacity may not be attributed to an organization 8 with which the individual is associated if— 9 (i) such individual— 10 (I) is not on duty; and 11 (II) is not acting on the organi- 12 zation’s premises; and 13 (ii) such organization— 14 (I) does not endorse or provide 15 financial support for such action; and 16 (II) takes reasonable steps to en- 17 sure such individual does not improp- 18 erly represent that he or she is acting 19 on behalf of the organization. 20 (13) PROMOTE GENDER IDEOLOGY.—The term 21 ‘‘promote gender ideology’’ means any activity in 22 support of the possibility of changing one’s gender, 23 including— 24 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •S 4873 IS (A) the provision or promotion of sex-re- 1 jecting procedures or sex-rejecting social transi- 2 tion; 3 (B) committing financial or other re- 4 sources to increase the availability or use of 5 sex-rejecting procedures or sex-rejecting social 6 transition; 7 (C) operating a service-delivery site that 8 provides counseling, including advice and infor- 9 mation, regarding the benefits or availability of 10 sex-rejecting procedures or sex-rejecting social 11 transition, excluding a site operated by a 12 United States nongovernmental organization 13 that is in full compliance with the physical and 14 financial separation requirements under this 15 Act with respect to foreign assistance; 16 (D) providing advice that sex-rejecting pro- 17 cedures or sex-rejecting social transition is an 18 available option for treatment of gender dys- 19 phoria, or referring or encouraging individuals 20 to consider such procedures or transition; 21 (E) lobbying, pressuring, or encouraging a 22 foreign government— 23 (i) to provide special legal status or 24 protections based on gender identity; 25 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •S 4873 IS (ii) to legalize or make available sex- 1 rejecting procedures or sex-rejecting social 2 transition; 3 (iii) to otherwise promote gender ide- 4 ology; or 5 (iv) to continue the legality of any 6 such activities or otherwise to change poli- 7 cies to reflect gender ideology; 8 (F) conducting a public-information cam- 9 paign in foreign countries regarding acceptance 10 of gender ideology, or the benefits or avail- 11 ability of sex-rejecting procedures or sex-reject- 12 ing social transition; 13 (G) using or teaching from sex education 14 materials, including books, curricula, and 15 media, which include gender ideology, such as— 16 (i) it is possible to change one’s sex; 17 (ii) it is possible to be born in the 18 wrong body; or 19 (iii) instructing on the use of pro- 20 nouns that do not correspond to an indi- 21 vidual’s sex; and 22 (H) conducting drag queen workshops, 23 performances, or documentaries. 24 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 12 •S 4873 IS (14) PROVIDE A SEX-REJECTING PROCE- 1 DURE.—The term ‘‘provide a sex-rejecting proce- 2 dure’’ means any act of— 3 (A) performing any procedure, or pre- 4 scribing, dispensing, or utilizing any drug or de- 5 vice, for a sex-rejecting procedure; or 6 (B) paying for, assisting in carrying out, 7 or operating a facility that carries out, any act 8 described in subparagraph (A). 9 (15) SEX.—The term ‘‘sex’’ means a person’s 10 immutable biological classification, determined at the 11 moment of conception, as either male or female. 12 (16) SEX-REJECTING PROCEDURE.—The term 13 ‘‘sex-rejecting procedure’’— 14 (A) means any pharmaceutical or surgical 15 intervention that is provided for the purpose of 16 attempting to align an individual’s physical ap- 17 pearance or body with an asserted identity that 18 differs from the individual’s sex by inten- 19 tionally— 20 (i) disrupting or suppressing the nor- 21 mal development of natural biological func- 22 tions, including primary or secondary sex- 23 based traits; or 24 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 13 •S 4873 IS (ii) altering an individual’s physical 1 appearance or body, including amputating, 2 minimizing or destroying primary or sec- 3 ondary sex-based traits, such as the sexual 4 and reproductive organs; and 5 (B) does not include any procedure under- 6 taken— 7 (i) to treat a person with a medically 8 verifiable disorder of sexual development; 9 (ii) for purposes other than attempt- 10 ing to align an individual’s physical ap- 11 pearance or body with an asserted identity 12 that differs from the individual’s sex; or 13 (iii) to treat complications of, includ- 14 ing any infection, injury, disease, or dis- 15 order that has been caused by or exacer- 16 bated by, the performance of, such a sex 17 rejecting procedure. 18 (17) SOCIAL TRANSITION.—The term ‘‘social 19 transition’’— 20 (A) means the nonchemical and nonsur- 21 gical aspects of the process of adopting a gen- 22 der identity or gender marker that differs from 23 a person’s sex; 24 (B) includes— 25 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 14 •S 4873 IS (i) psychological or psychiatric coun- 1 seling or treatment by a counselor or other 2 provider; 3 (ii) modifying a person’s name or pro- 4 nouns; 5 (iii) referring to a person by a term 6 that is inconsistent with the person’s bio- 7 logical sex of male or female; 8 (iv) enabling the use of intimate facili- 9 ties and accommodations, such as bath- 10 rooms or locker rooms, specifically des- 11 ignated for persons of the opposite sex; 12 (v) authorizing the participation in 13 athletic competitions or other activities 14 specifically designated for persons of the 15 opposite sex; and 16 (vi) using non-medical, physical, sex- 17 rejecting interventions, such as binders 18 used to flatten female breasts; and 19 (C) does not include the provision of sex- 20 rejecting procedures. 21 (18) UNITED STATES NONGOVERNMENTAL OR- 22 GANIZATION.—The term ‘‘United States nongovern- 23 mental organization’’ means any nongovernmental 24 organization or entity (including any commercial 25 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 15 •S 4873 IS firm and educational institution) that is organized or 1 existing under the laws of the United States, any 2 State of the United States, the District of Columbia, 3 the Commonwealth of Puerto Rico, or any other ter- 4 ritory or possession of the United States. 5 (19) UNLAWFUL DEI-RELATED DISCRIMINA- 6 TION.—The term ‘‘unlawful DEI-related discrimina- 7 tion’’— 8 (A) means discrimination on the basis of 9 race, color, religion, sex, or national origin, if 10 such discrimination— 11 (i) violates United States anti-dis- 12 crimination law; or 13 (ii) would violate such law if such ac- 14 tivity occurred inside the United States, in- 15 cluding the use of such characteristics as a 16 selection criterion or preference for, or 17 basis for exclusion from, employment, con- 18 tracting, program participation, resource 19 allocation, or similar activities, opportuni- 20 ties, or benefits; 21 (B) includes all conduct that discriminates 22 on the basis of race, color, religion, sex, or na- 23 tional origin that violates United States Federal 24 anti-discrimination laws or would violate such 25 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 16 •S 4873 IS laws if such activity occurred inside the United 1 States, including— 2 (i) training sessions; 3 (ii) segregation in facilities or re- 4 sources; 5 (iii) implicit segregation through pro- 6 gram eligibility; 7 (iv) hiring panels; 8 (v) candidate pools; 9 (vi) program participation; 10 (vii) DEI training programs that pro- 11 mote discrimination based on protected 12 characteristics, such as by stereotyping, ex- 13 cluding, or disadvantaging individuals, or 14 creating a hostile environment; and 15 (viii) any other ‘‘unlawful practices’’ 16 under the Attorney General’s Guidance for 17 Recipients of Federal Funding Regarding 18 Unlawful Discrimination (July 29, 2025) 19 with respect to such characteristics; and 20 (C) does not apply to— 21 (i) a religious corporation, association, 22 or society with respect to the employment 23 of individuals of a particular religion to 24 perform work connected with the carrying 25 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 17 •S 4873 IS on by such corporation, association, or so- 1 ciety of its religious activities; or 2 (ii) screening, monitoring, and man- 3 agement of prenatal and postnatal care for 4 the purpose of improving maternal and in- 5 fant health outcomes and reducing mater- 6 nal mortality for women. 7 SEC. 3. PROTECTING LIFE IN FOREIGN ASSISTANCE. 8 (a) FOREIGN NONGOVERNMENTAL ORGANIZATIONS 9 AND INTERNATIONAL ORGANIZATIONS.—Except as pro- 10 vided in subsection (f), any foreign nongovernmental orga- 11 nization or international organization that receives or im- 12 plements a grant or cooperative agreement for nonmilitary 13 foreign assistance shall agree that, during the period of 14 the award, it will not, outside of the United States, provide 15 or promote abortion or provide financial support to any 16 other foreign nongovernmental organization or inter- 17 national organization that engages in such activities. 18 (b) UNITED STATES NONGOVERNMENTAL ORGANI- 19 ZATIONS.—Except as provided in subsection (f), any 20 United States nongovernmental organization that receives 21 or implements a grant or cooperative agreement for non- 22 military foreign assistance is not subject to the require- 23 ments under subsection (a), but shall agree that, during 24 the period of the award— 25 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 18 •S 4873 IS (1) it will not, outside of the United States, 1 provide abortion; 2 (2) it will not, within the scope of any program, 3 project, or activity funded by foreign assistance, pro- 4 vide or promote abortion; and 5 (3) it will ensure the physical and financial sep- 6 aration of its nonmilitary foreign assistance funded 7 programs projects and activities from the provision 8 or promotion of abortion. 9 (c) FOREIGN GOVERNMENTS AND PARASTATALS.— 10 The Secretary of State or the Under Secretary of State 11 for Foreign Assistance, Humanitarian Affairs, and Reli- 12 gious Freedom may require any foreign government or 13 parastatal that receives or implements a grant or coopera- 14 tive agreement for nonmilitary foreign assistance to agree 15 that, during the period of the award, it will not use non- 16 military foreign assistance funds received under the award 17 to provide or promote abortion. 18 (d) SUBRECIPIENTS.—The restrictions set forth in 19 subsections (a) through (c) shall apply to subrecipients of 20 foreign assistance in the same manner as the principal re- 21 cipient. 22 (e) APPLICABILITY.—The restrictions set forth in 23 subsections (a) through (d) shall apply to all non-military 24 foreign assistance programs, includes global health assist- 25 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 19 •S 4873 IS ance, humanitarian assistance, and civil society and de- 1 mocracy programs. 2 (f) EXCEPTIONS.—The restrictions set forth in sub- 3 sections (a) through (c) shall not apply— 4 (1) to an abortion involving a woman suffering 5 from a physical disorder, physical injury, or physical 6 illness that would, as certified by a physician, place 7 the woman in danger of death unless an abortion is 8 performed, including a life-endangering physical con- 9 dition caused by or arising from the pregnancy 10 itself; or 11 (2) to treatment for an ectopic pregnancy. 12 SEC. 4. COMBATING GENDER IDEOLOGY IN FOREIGN AS- 13 SISTANCE. 14 (a) FOREIGN NONGOVERNMENTAL ORGANIZATIONS 15 AND INTERNATIONAL ORGANIZATIONS.—Any foreign non- 16 governmental organization or international organization 17 that receives or implements a grant or cooperative agree- 18 ment for nonmilitary foreign assistance shall agree that, 19 during the period of the award, it will not, outside of the 20 United States, promote gender ideology or provide finan- 21 cial support to any other foreign nongovernmental organi- 22 zation or international organization that promotes gender 23 ideology. 24 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 20 •S 4873 IS (b) UNITED STATES NONGOVERNMENTAL ORGANI- 1 ZATIONS.—Any United States nongovernmental organiza- 2 tion that receives or implements a grant or cooperative 3 agreement for nonmilitary foreign assistance is not subject 4 to the requirements under subsection (a), but shall agree 5 that, during the period of the award— 6 (1) it will not, outside of the United States, 7 provide or promote sex-rejecting procedures or sex- 8 rejecting social transitions; 9 (2) it will not, within the scope of any program, 10 project, or activity funded by foreign assistance, pro- 11 mote gender ideology; and 12 (3) it will ensure the physical and financial sep- 13 aration of its foreign assistance funded programs 14 projects and activities from the promotion of gender 15 ideology. 16 (c) FOREIGN GOVERNMENTS AND PARASTATALS.— 17 The Secretary of State or the Under Secretary of State 18 for Foreign Assistance, Humanitarian Affairs, and Reli- 19 gious Freedom may require any foreign government or 20 parastatal that receives or implements a grant or coopera- 21 tive agreement for nonmilitary foreign assistance— 22 (1) to agree that, during the period of the 23 award, it will not use foreign assistance funds re- 24 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 21 •S 4873 IS ceived under the award to promote gender ideology; 1 and 2 (2) to place any foreign assistance funds re- 3 ceived under this award in a segregated account to 4 ensure such funds are not used to promote gender 5 ideology to the extent the foreign government con- 6 ducts or supports such activity. 7 (d) SUBRECIPIENTS.—The restrictions set forth in 8 subsections (a) through (c) shall apply to subrecipients of 9 foreign assistance in the same manner as the principal re- 10 cipient. 11 (e) APPLICABILITY.—The restrictions set forth in 12 subsections (a) through (d) shall apply to all non-military 13 foreign assistance programs, includes global health assist- 14 ance, humanitarian assistance, and civil society and de- 15 mocracy programs, to ensure that— 16 (1) foreign assistance programs do not sup- 17 port— 18 (A) foreign nongovernmental organizations 19 and international organizations that promote 20 gender ideology; or 21 (B) United States nongovernmental orga- 22 nizations that provide sex-rejecting procedures; 23 and 24 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 22 •S 4873 IS (2) humanitarian assistance and gender-related 1 programs receiving foreign assistance do not pro- 2 mote gender ideology. 3 SEC. 5. COMBATING DISCRIMINATORY EQUITY IDEOLOGY 4 IN FOREIGN ASSISTANCE. 5 (a) FOREIGN NONGOVERNMENTAL ORGANIZATIONS 6 AND INTERNATIONAL ORGANIZATIONS.—Any foreign non- 7 governmental organization or international organization 8 that receives or implements a grant or cooperative agree- 9 ment for foreign assistance shall agree that, during the 10 period of the award, it will not, outside of the United 11 States, promote discriminatory equity ideology, engage in 12 unlawful DEI-related discrimination, or provide financial 13 support to any other foreign nongovernmental organiza- 14 tion or international organization that conducts such ac- 15 tivities. 16 (b) UNITED STATES NONGOVERNMENTAL ORGANI- 17 ZATIONS.—Any United States nongovernmental organiza- 18 tion that receives or implements a grant or cooperative 19 agreement for foreign assistance is not subject to the re- 20 quirements under subsection (a), but shall agree that, dur- 21 ing the period of the award— 22 (1) it will not, outside of the United States, en- 23 gage in unlawful DEI-related discrimination; 24 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 23 •S 4873 IS (2) it will not, within the scope of any program, 1 project, or activity funded by nonmilitary foreign as- 2 sistance, promote discriminatory equity ideology or 3 engage in such discrimination; and 4 (3) it will ensure the physical and financial sep- 5 aration of its nonmilitary foreign assistance-funded 6 programs, projects, and activities from any activities 7 described in paragraphs (1) and (2). 8 (c) FOREIGN GOVERNMENTS AND PARASTATALS.— 9 The Secretary of State or the Under Secretary of State 10 for Foreign Assistance, Humanitarian Affairs, and Reli- 11 gious Freedom may require any foreign government or 12 parastatal that receives or implements a grant or coopera- 13 tive agreement for nonmilitary foreign assistance— 14 (1) to agree that, during the period of the 15 award, it will not use nonmilitary foreign assistance 16 funds received under the award to promote discrimi- 17 natory equity ideology or engage in unlawful DEI- 18 related discrimination; and 19 (2) to place any nonmilitary foreign assistance 20 funds received under such award in a segregated ac- 21 count to ensure such funds are not used to support 22 the activities described in paragraph (1) to the ex- 23 tent the foreign government conducts or supports 24 such activities. 25 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 24 •S 4873 IS (d) SUBRECIPIENTS.—The restrictions set forth in 1 subsections (a) through (c) shall apply to subrecipients of 2 foreign assistance in the same manner as the principal re- 3 cipient. 4 (e) APPLICABILITY.—The restrictions set forth in 5 subsections (a) through (d) shall apply to all nonmilitary 6 foreign assistance programs, including global health as- 7 sistance, humanitarian assistance, and civil society and de- 8 mocracy programs, to ensure that foreign assistance pro- 9 grams do not support— 10 (1) foreign nongovernmental organizations and 11 international organizations that promote discrimina- 12 tory equity ideology; or 13 (2) United States nongovernmental organiza- 14 tions that engage in unlawful DEI-related discrimi- 15 nation. 16 SEC. 6. WAIVER. 17 The Secretary of State may waive the application of 18 any provision under this Act by certifying to the Com- 19 mittee on Foreign Relations of the Senate, the Committee 20 on Foreign Affairs of the House of Representatives, the 21 Committee on Homeland Security and Governmental Af- 22 fairs of the Senate, and the Committee on Oversight and 23 Government Reform of the House of Representatives 24 that— 25 VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB 25 •S 4873 IS (1) such waiver is in the national security or 1 foreign policy interests of the United States; 2 (2) the implementing partner that would be 3 negatively affected by such provision is the only pro- 4 vider of the specific services for which the non- 5 military foreign assistance would be used; 6 (3) the requested scope of the waiver is nar- 7 rowly tailored to only include such services; and 8 (4) the implementing partner has made a good 9 faith effort to comply with such provision. 10 SEC. 7. RULE OF CONSTRUCTION. 11 The provisions of this Act affecting United States 12 nongovernmental organizations— 13 (1) shall be construed in a manner that is con- 14 sistent with the First Amendment to the Constitu- 15 tion of the United States; and 16 (2) may not be construed to restrict the free- 17 doms of speech or association of such organizations 18 when using non-Federal funds outside the scope of 19 a program, project, or activity for which foreign as- 20 sistance is made available. 21 Æ VerDate Sep 11 2014 03:49 Jun 24, 2026 Jkt 069200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6301 E:\BILLS\S4873.IS S4873 kjohnson on DSK7ZCZBW3PROD with $$_JOB