This act prohibits U.S. foreign assistance funds from going to any foreign government or organization that performs, promotes, or funds abortions overseas, with narrow exceptions requiring documentation.
Thomas Massie
Representative
KY-4
The No Funds for Foreign Abortions Act strictly prohibits U.S. foreign assistance from going to any foreign government or private organization that performs, promotes, or funds abortions overseas. This ban applies even if the prohibited activities are funded by the recipient's own money, not U.S. funds. The legislation defines prohibited activities broadly and requires annual certification of compliance by the Secretary of State. Exceptions exist only for abortions resulting from rape or incest, provided documentation is supplied.
The aptly named “No Funds for Foreign Abortions Act” is a major overhaul of how U.S. foreign assistance money can be spent globally. If you follow international aid or global health, this bill is essentially a permanent, dramatically expanded version of the Mexico City Policy, which has historically bounced back and forth depending on who’s in the White House.
Here’s the core of Section 2: The U.S. will cut off all foreign assistance funding—money for things like food aid, infrastructure, or fighting malaria—to any foreign government, international organization (like the UN Population Fund), or private group that uses any of its own money to perform abortions, refer people for them, actively promote them, or coerce people into sterilization.
Crucially, this ban applies even if the prohibited activity is funded entirely by non-U.S. dollars. Think of a large international health NGO that receives U.S. funding for HIV prevention in Africa. If that same NGO uses private donations from Europe to provide abortion counseling in a separate clinic, this bill requires the U.S. to yank all its HIV funding. The bill explicitly states that U.S. funds can’t be used to “enable, offset, or supplement” any banned activity, which is a broad net.
This is where the bill gets particularly broad, and why aid organizations are likely to be worried. The definition of “actively promotes abortion” includes public advocacy for expanded access, counseling women to get one, lobbying for pro-abortion laws, or even creating materials that encourage it. For many global health and family planning organizations, this means they would have to completely restructure their educational and advocacy work, or risk losing all U.S. funding. Given that the U.S. is often the largest single donor in global health, this forces a stark choice: stop providing certain services or information, or lose the funding that supports all your other essential programs.
The bill does include exceptions for abortions resulting from rape, incest, or to save the mother’s life. However, these exceptions come with a major catch that could block access for the people who need it most. For rape or incest, the woman must provide documentation—such as a police report or medical record—proving the reason for the procedure. For a victim of sexual violence in a fragile state or remote area, obtaining a police report quickly, or at all, is often impossible. This requirement effectively renders the exception useless for many vulnerable people seeking time-sensitive care.
To enforce this, the Secretary of State must certify annually that recipients are in full compliance. More importantly, if the Secretary receives “credible information” about a potential violation, they must “immediately stop” sending funds while an investigation begins. This grants the Secretary significant power to halt critical aid programs instantly based on unverified information. If a violation is confirmed, the recipient must repay the misused funds, is declared ineligible for aid for at least three years, and could face criminal referral. For aid workers, this means the risk of a politically motivated or mistaken complaint could shut down their entire operation overnight, making long-term planning almost impossible.