S. 4873: Promoting Human Flourishing in Foreign Assistance Act (119th Congress) Bill Summary

This bill would change how the U.S. government gives out nonmilitary foreign assistance such as aid for global health, humanitarian work, development, democracy programs, migration and refugee assistance, and contributions to international organizations.

What the bill would require

Organizations and governments that receive certain U.S. foreign aid would have to agree not to use that aid, or aid-connected activities, to:

Provide or promote abortion, with limited exceptions
Promote gender ideology, as defined in the bill
Promote discriminatory equity ideology or engage in what the bill defines as unlawful DEI-related discrimination

The restrictions would apply not only to the main recipient of the aid, but also to subrecipients further down the chain.

Abortion-related rules

Foreign nonprofits and international organizations receiving covered foreign aid would generally have to agree not to provide or promote abortion outside the United States, or support other organizations that do so.

U.S. nonprofits would not be barred in the same broad way, but they would have to agree that they will not:

Provide abortion outside the United States
Provide or promote abortion within any foreign-aid-funded program
Keep foreign-aid-funded activities physically and financially separate from abortion-related activities

The bill would allow exceptions for abortions needed to prevent death in a medical emergency and for treatment of ectopic pregnancy.

Gender-identity-related rules

The bill would define “gender ideology” broadly and would prohibit foreign aid from supporting activities the bill says promote it. This would include, among other things:

Providing or promoting sex-rejecting procedures or social transition
Using foreign aid to increase access to such services
Offering counseling or advice that recommends or refers people to such services
Lobbying foreign governments to adopt laws or policies reflecting gender ideology
Public information campaigns in other countries supporting gender ideology
Some sex education materials that include the bill’s defined concepts
Drag queen workshops, performances, or documentaries

U.S. nonprofits receiving foreign aid would have to keep aid-funded programs separate from these activities.

DEI and discrimination-related rules

The bill would also bar foreign-aid funding from supporting what it calls “discriminatory equity ideology” or “unlawful DEI-related discrimination.” In practice, that would prohibit aid-funded programs from using protected traits like race, color, religion, sex, or national origin in ways that would violate U.S. anti-discrimination law if done in the United States.

Examples listed in the bill include discriminatory training, segregation in facilities or resources, exclusion through program eligibility, and certain hiring or participation practices. There are carveouts for some religious hiring practices and for prenatal/postnatal care programs aimed at improving maternal and infant health.

Foreign governments and international organizations

The Secretary of State, or a designated State Department official, could require foreign governments, parastatals, and other foreign recipients to keep aid funds in separate accounts and not use them for the restricted activities.

Waivers

The Secretary of State could waive any part of the law if they certify that:

The waiver is in the U.S. national security or foreign policy interest
The affected partner is the only provider of the needed service
The waiver is narrowly limited
The partner made a good-faith effort to comply

Other provisions

The bill includes definitions for terms such as abortion, sex, male, female, gender identity, gender ideology, social transition, and several related phrases. It also says the parts affecting U.S. organizations should be read consistently with the First Amendment and should not be used to restrict speech or association outside the scope of federally funded foreign-aid activities.