,,ii #aaith ,,congress #b;d ,session ,s4 #dhgc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bc1 #bjbf,mr4 ,budd 7for himself1 ,mr4 ,risch1 ,mr4 ,wicker1 ,mr4 ,lankford1 ,mr4 ,graham1 ,mrs4 ,blackburn1 ,mr4 ,daines1 ,mr4 ,justice1 and ,mr4 ,ricketts7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to amend the ,foreign ,assistance ,act of #aifa by limiting nonmilitary foreign assistance to organizations that provide or promote abortion1 promote gender ideology1 or promote discriminatory equity ideology1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,promoting ,human ,flourishing in ,foreign ,assistance ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,abortion ,the term abortion means the use or prescription of any instrument1 medicine1 drug1 or any other substance or device-- 7,a7 to intentionally kill the unborn child of a woman known to be pregnant2 or 7,b7 to intentionally terminate the pregnancy of a woman known to be pregnant1 with an intention other than-- 7i7 after viability to produce a live birth and preserve the life and health of the child born alive2 or 7ii7 to remove a dead unborn child4 7#b7 ,discriminatory equity ideology ,the term discriminatory equity ideology-- 7,a7 means an ideology that-- 7i7 treats individuals as members of preferred or disfavored groups1 rather than as individuals2 and 7ii7 minimizes agency1 merit1 and capability in favor of generalizations2 and 7,b7 includes any of the following concepts3 7i7 ,members of one race1 color1 religion1 sex1 or national origin are morally or inherently superior to members of another race1 color1 religion1 sex1 or national origin4 7ii7 ,an individual1 by virtue of the individual's race1 color1 religion1 sex1 or national origin1 is inherently racist1 sexist1 or oppressive1 whether consciously or unconsciously4 7iii7 ,an individual's moral character or status as privileged1 oppressing1 or oppressed is primarily determined by the individual's race1 color1 religion1 sex1 or national origin4 7iv7 ,members of one race1 color1 religion1 sex1 or national origin cannot and should not attempt to treat others without respect to their race1 color1 religion1 sex1 or national origin4 7v7 ,an individual1 by virtue of the individual's race1 color1 religion1 sex1 or national origin1 bears responsibility for1 should feel guilt1 anguish1 or other forms of psychological distress because of1 should be discriminated against1 blamed1 or stereotyped for1 or should receive adverse treatment because of actions committed in the past by other members of the same race1 color1 religion1 sex1 or national origin1 in which the individual played no part4 7vi7 ,an individual1 by virtue of the individual's race1 color1 religion1 sex1 or national origin1 should be discriminated against or receive adverse treatment to achieve diversity1 equity1 or inclusion4 7vii7 ,virtues1 such as merit1 excellence1 hard work1 fairness1 neutrality1 objectivity1 and racial colorblindness are racist or sexist or were created by members of a particular race1 color1 religion1 sex1 or national origin to oppress members of another race1 color1 religion1 sex1 or national origin4 7viii7 ,the ,united ,states is fundamentally racist1 sexist1 or otherwise discriminatory4 7#c7 ,female ,the term female means a person who naturally has1 had1 or will have1 but for a congenital anomaly or intentional or unintentional disruption1 a reproductive system that produces1 transports1 and utilizes the large gamete 7ova7 for fertilization4 7#d7 ,foreign nongovernmental organization ,the term foreign nongovernmental organization means any nongovernmental organization or entity 7including any commercial firm and educational institution7 that is not organized or existing under the laws of the ,united ,states1 any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 or any other territory or possession of the ,united ,states4 7#e7 ,gender identity ,the term gender identity-- 7,a7 means a purely internal1 subjective sense of self that is disconnected and separate from biological sex2 7,b7 does not provide a meaningful basis for identification2 and 7,c7 cannot be recognized as a replacement for sex4 7#f7 ,gender ideology ,the term gender ideology-- 7,a7 means an ideology that replaces1 or treats as superior to1 the biological category of sex with an ever-shifting concept of a self-proclaimed gender identity1 which permits the false claim that males can identify as and become females and females can identify as and become males2 and 7,b7 includes the idea that there is a vast spectrum of genders that are disconnected from a person's sex4 7#g7 ,international organization ,the term international organization means-- 7,a7 any organization designated as being entitled to enjoy the privileges1 exemptions1 and immunities under the ,international ,organizations ,immunities ,act 7#bb ,u4,s4,c4 #bhh et seq472 7,b7 any organization treated as a public international organization pursuant to the regulations or policies of the ,department of ,state2 7,c7 any organization established by international agreement and whose governing body is composed principally of representatives of national governments2 or 7,d7 any other multilateral entity in which sovereign nations participate4 7#h7 ,male ,the term male means a person who naturally has1 had1 or will have1 but for a congenital anomaly or intentional or unintentional disruption1 a reproductive system that produces1 transports1 and utilizes the small gamete 7sperm7 for fertilization4 7#i7 ,nonmilitary foreign assistance ,the term nonmilitary foreign assistance means foreign assistance to be used for nonmilitary purposes1 including-- 7,a7 global health programs2 7,b7 humanitarian assistance2 7,c7 economic and development assistance2 7,d7 stabilization assistance2 7,e7 civil society and democracy programming2 7,f7 migration and refugee assistance2 and 7,g7 voluntary contributions to international organizations4 7#aj7 ,parastatal ,the term parastatal means-- 7,a7 a foreign-government-owned organization operated as a commercial company2 or 7,b7 any other organization1 including nonprofits1 or enterprises in which foreign governments or foreign government agencies have a controlling interest4 7#aa7 ,promote abortion ,the term promote abortion means-- 7,a7 committing financial or other resources to increase the availability or use of abortion2 7,b7 operating a service delivery site that provides counseling1 including advice and information1 regarding the benefits or availability of abortion1 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 assistance2 7,c7 providing advice that abortion is an available option1 or referring for1 or encouraging females to consider abortion2 7,d7 lobbying1 pressuring1 or encouraging a foreign government to legalize or make available abortion or to continue the legality of abortion2 7,e7 conducting a public information campaign in a foreign country regarding the benefits or availability of abortion2 or 7,f7 using or teaching from sex education materials or other educational materials1 including books1 curricula1 and media1 which encourage abortion4 7#ab7 ,promote discriminatory equity ideology 7,a7 ,in general ,the term promote discriminatory equity ideology means using or teaching education materials 7including books1 curricula1 and media7 that advance discriminatory equity principles4 7,b7 ,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-- 7i7 such individual-- 7,i7 is not on duty2 and 7,,ii7 is not acting on the organization's premises2 and 7ii7 such organization-- 7,i7 does not endorse or provide financial support for such action2 and 7,,ii7 takes reasonable steps to ensure such individual does not improperly represent that he or she is acting on behalf of the organization4 7#ac7 ,promote gender ideology ,the term promote gender ideology means any activity in support of the possibility of changing one's gender1 including-- 7,a7 the provision or promotion of sex-rejecting procedures or sex-rejecting social transition2 7,b7 committing financial or other resources to increase the availability or use of sex-rejecting procedures or sex-rejecting social transition2 7,c7 operating a service-delivery site that provides counseling1 including advice and information1 regarding the benefits or availability of sex-rejecting procedures or sex-rejecting social transition1 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 assistance2 7,d7 providing advice that sex-rejecting procedures or sex-rejecting social transition is an available option for treatment of gender dysphoria1 or referring or encouraging individuals to consider such procedures or transition2 7,e7 lobbying1 pressuring1 or encouraging a foreign government-- 7i7 to provide special legal status or protections based on gender identity2 7ii7 to legalize or make available sex-rejecting procedures or sex-rejecting social transition2 7iii7 to otherwise promote gender ideology2 or 7iv7 to continue the legality of any such activities or otherwise to change policies to reflect gender ideology2 7,f7 conducting a public-information campaign in foreign countries regarding acceptance of gender ideology1 or the benefits or availability of sex-rejecting procedures or sex-rejecting social transition2 7,g7 using or teaching from sex education materials1 including books1 curricula1 and media1 which include gender ideology1 such as-- 7i7 it is possible to change one's sex2 7ii7 it is possible to be born in the wrong body2 or 7iii7 instructing on the use of pronouns that do not correspond to an individual's sex2 and 7,h7 conducting drag queen workshops1 performances1 or documentaries4 7#ad7 ,provide a sex-rejecting procedure ,the term provide a sex-rejecting procedure means any act of-- 7,a7 performing any procedure1 or prescribing1 dispensing1 or utilizing any drug or device1 for a sex-rejecting procedure2 or 7,b7 paying for1 assisting in carrying out1 or operating a facility that carries out1 any act described in subparagraph 7,a74 7#ae7 ,sex ,the term sex means a person's immutable biological classification1 determined at the moment of conception1 as either male or female4 7#af7 ,sex-rejecting procedure ,the term sex-rejecting procedure-- 7,a7 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-- 7i7 disrupting or suppressing the normal development of natural biological functions1 including primary or secondary sex-based traits2 or 7ii7 altering an individual's physical appearance or body1 including amputating1 minimizing or destroying primary or secondary sex-based traits1 such as the sexual and reproductive organs2 and 7,b7 does not include any procedure undertaken-- 7i7 to treat a person with a medically verifiable disorder of sexual development2 7ii7 for purposes other than attempting to align an individual's physical appearance or body with an asserted identity that differs from the individual's sex2 or 7iii7 to treat complications of1 including any infection1 injury1 disease1 or disorder that has been caused by or exacerbated by1 the performance of1 such a sex rejecting procedure4 7#ag7 ,social transition ,the term social transition-- 7,a7 means the nonchemical and nonsurgical aspects of the process of adopting a gender identity or gender marker that differs from a person's sex2 7,b7 includes-- 7i7 psychological or psychiatric counseling or treatment by a counselor or other provider2 7ii7 modifying a person's name or pronouns2 7iii7 referring to a person by a term that is inconsistent with the person's biological sex of male or female2 7iv7 enabling the use of intimate facilities and accommodations1 such as bathrooms or locker rooms1 specifically designated for persons of the opposite sex2 7v7 authorizing the participation in athletic competitions or other activities specifically designated for persons of the opposite sex2 and 7vi7 using non-medical1 physical1 sex-rejecting interventions1 such as binders used to flatten female breasts2 and 7,c7 does not include the provision of sex-rejecting procedures4 7#ah7 ,united ,states nongovernmental organization ,the term ,united ,states nongovernmental organization means any nongovernmental organization or entity 7including any commercial firm and educational institution7 that is organized or existing under the laws of the ,united ,states1 any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 or any other territory or possession of the ,united ,states4 7#ai7 ,unlawful ,,dei-related discrimination ,the term unlawful ,,dei-related discrimination-- 7,a7 means discrimination on the basis of race1 color1 religion1 sex1 or national origin1 if such discrimination-- 7i7 violates ,united ,states anti-discrimination law2 or 7ii7 would violate such law if such activity occurred inside the ,united ,states1 including the use of such characteristics as a selection criterion or preference for1 or basis for exclusion from1 employment1 contracting1 program participation1 resource allocation1 or similar activities1 opportunities1 or benefits2 7,b7 includes all conduct that discriminates on the basis of race1 color1 religion1 sex1 or national origin that violates ,united ,states ,federal anti-discrimination laws or would violate such laws if such activity occurred inside the ,united ,states1 including-- 7i7 training sessions2 7ii7 segregation in facilities or resources2 7iii7 implicit segregation through program eligibility2 7iv7 hiring panels2 7v7 candidate pools2 7vi7 program participation2 7vii7 ,,dei training programs that promote discrimination based on protected characteristics1 such as by stereotyping1 excluding1 or disadvantaging individuals1 or creating a hostile environment2 and 7viii7 any other unlawful practices under the ,attorney ,general's ,guidance for ,recipients of ,federal ,funding ,regarding ,unlawful ,discrimination 7,july #bi1 #bjbe7 with respect to such characteristics2 and 7,c7 does not apply to-- 7i7 a religious corporation1 association1 or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation1 association1 or society of its religious activities2 or 7ii7 screening1 monitoring1 and management of prenatal and postnatal care for the purpose of improving maternal and infant health outcomes and reducing maternal mortality for women4 #c4 ,protecting life in foreign assistance 7a7 ,foreign nongovernmental organizations and international organizations ,except as provided in subsection 7f71 any foreign nongovernmental organization or international organization that receives or implements a grant or cooperative agreement for nonmilitary foreign assistance shall agree that1 during the period of the award1 it will not1 outside of the ,united ,states1 provide or promote abortion or provide financial support to any other foreign nongovernmental organization or international organization that engages in such activities4 7b7 ,united ,states nongovernmental organizations ,except as provided in subsection 7f71 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 7a71 but shall agree that1 during the period of the award-- 7#a7 it will not1 outside of the ,united ,states1 provide abortion2 7#b7 it will not1 within the scope of any program1 project1 or activity funded by foreign assistance1 provide or promote abortion2 and 7#c7 it will ensure the physical and financial separation of its nonmilitary foreign assistance funded programs projects and activities from the provision or promotion of abortion4 7c7 ,foreign governments and parastatals ,the ,secretary of ,state or the ,under ,secretary of ,state for ,foreign ,assistance1 ,humanitarian ,affairs1 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 that1 during the period of the award1 it will not use nonmilitary foreign assistance funds received under the award to provide or promote abortion4 7d7 ,subrecipients ,the restrictions set forth in subsections 7a7 through 7c7 shall apply to subrecipients of foreign assistance in the same manner as the principal recipient4 7e7 ,applicability ,the restrictions set forth in subsections 7a7 through 7d7 shall apply to all non-military foreign assistance programs1 includes global health assistance1 humanitarian assistance1 and civil society and democracy programs4 7f7 ,exceptions ,the restrictions set forth in subsections 7a7 through 7c7 shall not apply-- 7#a7 to an abortion involving a woman suffering from a physical disorder1 physical injury1 or physical illness that would1 as certified by a physician1 place the woman in danger of death unless an abortion is performed1 including a life-endangering physical condition caused by or arising from the pregnancy itself2 or 7#b7 to treatment for an ectopic pregnancy4 #d4 ,combating gender ideology in foreign assistance 7a7 ,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 that1 during the period of the award1 it will not1 outside of the ,united ,states1 promote gender ideology or provide financial support to any other foreign nongovernmental organization or international organization that promotes gender ideology4 7b7 ,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 7a71 but shall agree that1 during the period of the award-- 7#a7 it will not1 outside of the ,united ,states1 provide or promote sex-rejecting procedures or sex-rejecting social transitions2 7#b7 it will not1 within the scope of any program1 project1 or activity funded by foreign assistance1 promote gender ideology2 and 7#c7 it will ensure the physical and financial separation of its foreign assistance funded programs projects and activities from the promotion of gender ideology4 7c7 ,foreign governments and parastatals ,the ,secretary of ,state or the ,under ,secretary of ,state for ,foreign ,assistance1 ,humanitarian ,affairs1 and ,religious ,freedom may require any foreign government or parastatal that receives or implements a grant or cooperative agreement for nonmilitary foreign assistance-- 7#a7 to agree that1 during the period of the award1 it will not use foreign assistance funds received under the award to promote gender ideology2 and 7#b7 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 activity4 7d7 ,subrecipients ,the restrictions set forth in subsections 7a7 through 7c7 shall apply to subrecipients of foreign assistance in the same manner as the principal recipient4 7e7 ,applicability ,the restrictions set forth in subsections 7a7 through 7d7 shall apply to all non-military foreign assistance programs1 includes global health assistance1 humanitarian assistance1 and civil society and democracy programs1 to ensure that-- 7#a7 foreign assistance programs do not support-- 7,a7 foreign nongovernmental organizations and international organizations that promote gender ideology2 or 7,b7 ,united ,states nongovernmental organizations that provide sex-rejecting procedures2 and 7#b7 humanitarian assistance and gender-related programs receiving foreign assistance do not promote gender ideology4 #e4 ,combating discriminatory equity ideology in foreign assistance 7a7 ,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 that1 during the period of the award1 it will not1 outside of the ,united ,states1 promote discriminatory equity ideology1 engage in unlawful ,,dei-related discrimination1 or provide financial support to any other foreign nongovernmental organization or international organization that conducts such activities4 7b7 ,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 7a71 but shall agree that1 during the period of the award-- 7#a7 it will not1 outside of the ,united ,states1 engage in unlawful ,,dei-related discrimination2 7#b7 it will not1 within the scope of any program1 project1 or activity funded by nonmilitary foreign assistance1 promote discriminatory equity ideology or engage in such discrimination2 and 7#c7 it will ensure the physical and financial separation of its nonmilitary foreign assistance-funded programs1 projects1 and activities from any activities described in paragraphs 7#a7 and 7#b74 7c7 ,foreign governments and parastatals ,the ,secretary of ,state or the ,under ,secretary of ,state for ,foreign ,assistance1 ,humanitarian ,affairs1 and ,religious ,freedom may require any foreign government or parastatal that receives or implements a grant or cooperative agreement for nonmilitary foreign assistance-- 7#a7 to agree that1 during the period of the award1 it will not use nonmilitary foreign assistance funds received under the award to promote discriminatory equity ideology or engage in unlawful ,,dei-related discrimination2 and 7#b7 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 7#a7 to the extent the foreign government conducts or supports such activities4 7d7 ,subrecipients ,the restrictions set forth in subsections 7a7 through 7c7 shall apply to subrecipients of foreign assistance in the same manner as the principal recipient4 7e7 ,applicability ,the restrictions set forth in subsections 7a7 through 7d7 shall apply to all nonmilitary foreign assistance programs1 including global health assistance1 humanitarian assistance1 and civil society and democracy programs1 to ensure that foreign assistance programs do not support-- 7#a7 foreign nongovernmental organizations and international organizations that promote discriminatory equity ideology2 or 7#b7 ,united ,states nongovernmental organizations that engage in unlawful ,,dei-related discrimination4 #f4 ,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 ,senate1 the ,committee on ,foreign ,affairs of the ,house of ,representatives1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives that-- 7#a7 such waiver is in the national security or foreign policy interests of the ,united ,states2 7#b7 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 used2 7#c7 the requested scope of the waiver is narrowly tailored to only include such services2 and 7#d7 the implementing partner has made a good faith effort to comply with such provision4 #g4 ,rule of construction ,the provisions of this ,act affecting ,united ,states nongovernmental organizations-- 7#a7 shall be construed in a manner that is consistent with the ,first ,amendment to the ,constitution of the ,united ,states2 and 7#b7 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 program1 project1 or activity for which foreign assistance is made available4