No Funds for Foreign Abortions Act

Bill Number

H.R. 5302

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

International Affairs

Status

Introduced

Latest Action

2025-09-11: Referred to the House Committee on Foreign Affairs.

Last Updated

2025-09-24T15:17:14Z

AI-Generated Summary

Purpose of the Legislation

This bill, titled the "No Funds for Foreign Abortions Act," aims to permanently prohibit the use of U.S. foreign assistance funds for any foreign governments, nongovernmental organizations (NGOs), or multilateral entities that subsidize, perform, or promote abortions overseas. It seeks to codify (make into permanent law) the Mexico City Policy, a longstanding executive policy that restricts U.S. funding for international family planning activities involving abortion. The goal is to ensure U.S. taxpayer dollars do not support abortion-related activities abroad, while allowing limited exceptions for specific cases.

Key Provisions

• Prohibitions on Funding Foreign Governments: U.S. foreign aid funds cannot go to any foreign government that, in the previous fiscal year, used its public funds (directly or indirectly, even if mixed with other funds) for:
• Performing abortions.
• Supporting entities or programs that perform abortions, provide referrals, or promote them.
• Developing items for abortions.
• Coercing or incentivizing abortions or involuntary sterilizations.
• Funding biomedical research related to abortion methods or involuntary sterilizations.

• Prohibitions on NGOs and Multilateral Entities: No U.S. funds can be given to foreign NGOs, international organizations, or multilateral bodies (e.g., World Health Organization, United Nations Population Fund) if they:
• Perform abortions or provide referrals.
• Actively promote abortions (defined as advocating, counseling in favor, lobbying for expanded access, producing encouraging materials, or training in procedures).
• Develop abortion-related items, coerce/incentivize abortions or sterilizations, or fund related research.

These rules apply regardless of whether the prohibited activities are funded by U.S. money or other sources.

• Broad Application: The restrictions cover indirect funding (e.g., through intermediaries or arrangements that free up other funds for prohibited activities) and apply to U.S.-based organizations operating abroad. They take effect even if the prohibited activity is only partially funded by non-U.S. sources.

• Definition of Key Terms:
• Abortion: Intentional termination of a known pregnancy using any means, excluding procedures to remove a dead fetus from miscarriage, treat ectopic pregnancies, perform necessary pre-viability separations to save the mother's life, or deliver a viable fetus alive while preserving its health.
• Public Funds: Government-appropriated money or funds controlled by government-linked entities.
• Pre-Viability Separation Procedure: A medical removal of a fetus before it can likely survive outside the womb, when needed to save the mother's life (not considered an abortion).
• Other terms like "actively promotes" and "indirectly" are defined to ensure wide coverage of related activities.

• Exceptions: The prohibitions do not apply to abortions resulting from rape or incest, but require documentation such as a police report, restraining order, or medical record to verify the victim's status.

• Certification, Monitoring, and Enforcement:
• The Secretary of State must certify compliance before and annually during funding, notifying Congress and posting publicly online.
• Monitoring and audits by the State Department and USAID, with immediate fund suspension upon credible violation reports; investigations must conclude within 90 days (extendable to 180 with justification).
• Penalties for violations include terminating aid, requiring repayment of misused funds, barring recipients from future aid for at least three years, and referring cases to the Attorney General for potential fraud prosecution.
• Records must be kept for 10 years and shared with Congress on request.

• Additional Clauses:
• Non-Supersession: Future laws cannot override this bill unless they explicitly reference and intend to change it.
• Rule of Construction: Does not authorize funding prohibited by other laws.
• Severability: If any part is ruled invalid, the rest remains in effect.

Significant Changes to Existing Law

• Codifies the Mexico City Policy as statutory law, removing its dependence on executive orders that have fluctuated with presidential administrations (e.g., implemented under Republican presidents and rescinded under Democratic ones).
• Expands beyond family planning to all foreign assistance funds, with broader definitions (e.g., including "promotion" and indirect funding) and stricter enforcement mechanisms like mandatory certifications and penalties.
• Introduces new requirements for documentation in exceptions and covers U.S. entities abroad, which were not always explicitly addressed in prior policy versions.

Potential Impacts

• On Government Agencies: The State Department and USAID will face increased administrative burdens for certifications, audits, investigations, and record-keeping, potentially requiring more resources for compliance monitoring. This could delay aid distribution and complicate foreign assistance programs.
• On Citizens: U.S. taxpayers' funds for international aid will be restricted, limiting support for global health and development initiatives that involve reproductive services, which might affect programs addressing maternal health or poverty in recipient countries.
• On International Relations: Could reduce U.S. influence in multilateral organizations (e.g., UN agencies) and strain ties with foreign governments or NGOs that support abortion access, potentially leading to less U.S. participation in global health efforts. It may redirect aid to compliant entities, altering partnerships in regions where abortion is legal or promoted.

Main Stakeholders Affected

• U.S. Government Entities: State Department, USAID, and congressional committees (e.g., Foreign Affairs, Appropriations) responsible for oversight and enforcement.
• Foreign Governments: Recipients of U.S. aid that use public funds for abortion-related activities, risking loss of assistance.
• International Organizations and NGOs: Multilateral bodies (e.g., WHO, UN Population Fund) and foreign NGOs focused on reproductive health, family planning, or women's rights, which may lose funding if involved in prohibited activities.
• Global Health and Aid Recipients: Populations in developing countries relying on U.S.-funded programs for healthcare, potentially facing gaps in services if providers are defunded.
• U.S.-Based Organizations: Groups operating abroad in health or humanitarian aid that might need to separate abortion-related work to maintain eligibility.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Establishes a durable framework harder to reverse than executive policy, with strong anti-supersession and severability protections to withstand challenges. Enforcement ties into existing anti-fraud laws, potentially increasing litigation over compliance or definitions (e.g., what counts as "promotion").
• Constitutional Implications: The broad ban on "promotion" (including advocacy or lobbying) could raise First Amendment concerns for free speech, especially for U.S.-linked entities abroad, though it applies to funding conditions rather than direct speech restrictions. Exceptions for rape/incest align with some U.S. precedents but require invasive documentation, possibly implicating privacy rights.
• Political Implications: Sponsored by conservative lawmakers, it reflects a pro-life stance and aims to embed abortion restrictions in law amid ongoing U.S. debates post-Roe v. Wade overturn. It may polarize foreign aid debates, influencing bipartisan support for international programs and U.S. soft power in global reproductive rights discussions.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Massie, Thomas [R-KY-4]

Cosponsors (2)

Rep. Gosar, Paul A. [R-AZ-9], Rep. Greene, Marjorie Taylor [R-GA-14]

Recent Actions

• 2025-09-11: Referred to the House Committee on Foreign Affairs.
• 2025-09-11: Introduced in House
• 2025-09-11: Introduced in House

Bill Versions

• No Funds for Foreign Abortions Act — issued 2025-09-11 — PDF (11 pages)