[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5302 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 5302
To prohibit United States funds from being provided to foreign
governments or organizations that subsidize or promote abortion, to
codify the Mexico City Policy, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 11, 2025
Mr. Massie (for himself, Mr. Gosar, and Ms. Greene of Georgia)
introduced the following bill; which was referred to the Committee on
Foreign Affairs
_______________________________________________________________________
A BILL
To prohibit United States funds from being provided to foreign
governments or organizations that subsidize or promote abortion, to
codify the Mexico City Policy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SEC. 1. SHORT TITLE.
This Act may be cited as the ``No Funds for Foreign Abortions
Act''.
SEC. 2. PROHIBITION ON FUNDING ABORTION AND ABORTION PROMOTION
OVERSEAS.
(a) Prohibition on Foreign Governments.--No funds made available
under any Act authorizing or appropriating funds for foreign assistance
may be obligated or expended to the government of any foreign country
that, during the preceding fiscal year, provided, either directly or
indirectly, regardless of whether such funds were segregated,
commingled, or otherwise designated for a separate purpose, public
funds or other funds controlled, directed, or disbursed by such
government or by any entity substantially owned, operated, or funded by
such government--
(1) for the performance of abortions;
(2) to any entity or program that performs, provides
referrals for, or actively promotes abortion;
(3) to any entity or program that furnishes or develops any
item intended to perform or procure abortions;
(4) to coerce or provide any financial incentive to any
person to undergo an abortion or involuntary sterilization;
(5) to any entity or program that coerces or provides any
financial incentive to any person to undergo an abortion or
involuntary sterilization;
(6) to pay for any biomedical research which relates, in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization; or
(7) to any entity or program that pays for any biomedical
research which relates, in whole or in part, to methods of, or
the performance of, abortions or involuntary sterilization.
(b) Prohibition on Foreign Nongovernmental Organizations and
Multilateral Entities.--No funds made available under any Act
authorizing or appropriating funds for foreign assistance may be
furnished to any nongovernmental organization, international
organization, or multilateral entity that, regardless of the source of
funds--
(1) performs abortions or provides referrals for abortion
services;
(2) actively promotes abortions;
(3) furnishes or develops any item intended to perform or
procure abortions;
(4) coerces or provides any financial incentive to any
person to undergo an abortion or involuntary sterilization; or
(5) pays for any biomedical research which relates, in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization.
(c) Application Regardless of Funding Source.--The prohibitions in
subsections (a) and (b) shall apply whether or not the activity
described is funded in whole or in part by funds furnished by the
United States.
(d) Definitions.--In this section--
(1) 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) to remove a dead unborn child caused by
miscarriage;
(ii) to remove an ectopic pregnancy;
(iii) to perform a pre-viability separation
procedure when such procedure is, in reasonable
medical judgment, necessary to save or preserve
the life of the pregnant woman; or
(iv) after viability, to produce a live
birth and preserve the life and health of the
child born alive;
(2) the term ``actively promotes abortion'' includes
advocating for abortion in public or private fora, counseling a
woman in favor of obtaining an abortion, lobbying for changes
to abortion laws or policies that expand access to abortion,
producing or disseminating materials that encourage abortion,
or training personnel in abortion procedures;
(3) the term ``foreign nongovernmental organization'' means
any entity not organized under United States law, including any
subsidiary, affiliate, or branch thereof located outside the
United States, regardless of whether such entity also maintains
a presence or registration in the United States;
(4) the term ``indirectly'' means through an intermediary,
subrecipient, contractor, subgrantee, multilateral entity,
international organization, pooled funding mechanism, in-kind
contribution, fungible budget support, or any other arrangement
in which United States funds, property, or services are used in
a manner that enables, offsets, supplements, or allows other
funds to be used for a prohibited activity, whether or not such
use was a but-for cause of that activity, and regardless of
whether such use is formally earmarked for that activity;
(5) the term ``multilateral entity'' includes the World
Health Organization, the United Nations Population Fund, any
specialized agency of the United Nations, any multilateral
development bank, or any international body that funds or
promotes abortion;
(6) the term ``pre-viability separation procedure'' means a
medical procedure performed by a physician to remove an unborn
child from his or her mother's uterine cavity before that stage
of fetal development when, in the reasonable medical judgment
of the physician based on the particular facts of the case
before him or her and in light of the most advanced medical
technology and information available to him or her, there is a
reasonable likelihood of sustained survival of the unborn child
outside the body of his or her mother, with or without
artificial support. The term does not include an ``abortion''
as defined herein; and
(7) the term ``public funds'' means funds appropriated by a
foreign government from its national or subnational budget, or
funds controlled, directed, or disbursed by any entity
substantially owned, operated, or funded by such government,
whether provided in cash, in-kind, or as a fungible budget
support.
(e) Coverage of United States Based Entities Operating Abroad.--For
the purposes of this section, the prohibitions applicable to foreign
nongovernmental organizations shall also apply to any activity
conducted outside the United States by any organization, whether or not
incorporated or organized under the laws of the United States,
including any branch, office, affiliate, or other operation located
outside the United States, regardless of whether such operation is
separately incorporated or registered in the host country.
(f) Exceptions.--The prohibitions described in subsections (a) and
(b) do not apply to abortions resulting from rape or incest.
(1) For the exception to apply, a woman must provide a copy
of a restraining order, police report, medical record, or other
court order or documentation providing evidence that she is
obtaining the abortion because she is a victim of rape or
incest.
(g) Certification, Monitoring, and Penalties.--
(1) Certification requirement.--As a precondition to the
obligation or expenditure of any funds subject to this section,
and annually thereafter for the duration of assistance, and at
any other time the Secretary of State determines necessary
based on credible information of a potential violation, the
Secretary of State shall certify to the Committee on Foreign
Affairs and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate, and shall make such
certification publicly available on the website of the
Department of State, that the recipient government,
organization, or entity is in full compliance with the
requirements of this section.
(2) Monitoring and audits.--
(A) In general.--The Secretary of State and the
Administrator of the United States Agency for
International Development shall establish monitoring,
audit, and reporting mechanisms to ensure compliance
with the prohibitions under this Act, and upon receipt
of credible evidence of a potential violation, the
Secretary shall immediately suspend further obligation
or expenditure of funds to the recipient pending the
outcome of an investigation.
(B) Deadline.--Any investigation initiated under
this paragraph shall be completed not later than 90
days after the date of suspension, unless the Secretary
of State submits to the Committee on Foreign Affairs
and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations
and the Committee on Appropriations of the Senate a
written notification explaining the reasons for any
delay and specifying the anticipated completion date,
which shall not exceed an additional 90 days.
(3) Penalties for violations.--If a violation of this
section is found after the funds have been disbursed, the
Secretary of State shall--
(A) terminate further assistance to the violating
recipient;
(B) require repayment of misused funds to the
United States Treasury;
(C) declare the recipient ineligible for future
assistance for a period of not less than three years
from the date of such determination; and
(D) refer the matter to the Attorney General of the
United States for potential civil or criminal
enforcement, including prosecution for fraud, false
statements, or misuse of Federal funds.
(4) Record keeping.--The Secretary of State shall maintain
all certifications, monitoring reports, audit findings, and
investigative records related to this Act for a period of not
less than ten years, and such records shall be available to the
relevant congressional committees upon request.
(h) Non-Supersession Clause.--No amendment to this title, the
Foreign Assistance Act of 1961, or any other provision of law shall be
construed to supersede, amend, or repeal this section unless such
amendment specifically cites this section and expressly states the
intent to supersede, amend, or repeal it.
(i) Rule of Construction.--Nothing in this section shall be
construed to authorize the obligation or expenditure of funds for any
purpose for which the obligation or expenditure of such funds is
otherwise prohibited under any other provision of law.
(j) Severability.--If any provision of this section, or the
application of such provision to any person or circumstance, is held to
be invalid, the remainder of this section, and the application of the
remaining provisions, shall not be affected.
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