(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’’ in-
cludes 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 organi-
zation’’ means any entity not organized under 
United States law, including any subsidiary, affil-
iate, or branch thereof located outside the United 
States, regardless of whether such entity also main-
tains 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 activ-
ity, whether or not such use was a but-for cause of 
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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 proce-
dure’’ 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 de-
velopment 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 ad-
vanced medical technology and information available 
to him or her, there is a reasonable likelihood of sus-
tained survival of the unborn child outside the body 
of his or her mother, with or without artificial sup-
port. The term does not include an ‘‘abortion’’ as 
defined herein; and 
(7) the term ‘‘public funds’’ means funds ap-
propriated by a foreign government from its national 
or subnational budget, or funds controlled, directed, 
or disbursed by any entity substantially owned, oper-
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ated, or funded by such government, whether pro-
vided in cash, in-kind, or as a fungible budget sup-
port. 
(e) COVERAGE OF UNITED STATES BASED ENTITIES 
OPERATING ABROAD.—For the purposes of this section, 
the prohibitions applicable to foreign nongovernmental or-
ganizations shall also apply to any activity conducted out-
side 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, regard-
less of whether such operation is separately incorporated 
or registered in the host country. 
(f) EXCEPTIONS.—The prohibitions described in sub-
sections (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 documenta-
tion providing evidence that she is obtaining the 
abortion because she is a victim of rape or incest. 
(g) 
CERTIFICATION, 
MONITORING, 
AND
PEN-
ALTIES.— 
(1) CERTIFICATION REQUIREMENT.—As a pre-
condition to the obligation or expenditure of any 
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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 Appropria-
tions of the House of Representatives and the Com-
mittee 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 es-
tablish monitoring, audit, and reporting mecha-
nisms to ensure compliance with the prohibi-
tions under this Act, and upon receipt of cred-
ible evidence of a potential violation, the Sec-
retary shall immediately suspend further obliga-
tion or expenditure of funds to the recipient 
pending the outcome of an investigation. 
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(B) DEADLINE.—Any investigation initi-
ated under this paragraph shall be completed 
not later than 90 days after the date of suspen-
sion, 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 an-
ticipated completion date, which shall not ex-
ceed an additional 90 days. 
(3) PENALTIES FOR VIOLATIONS.—If a viola-
tion of this section is found after the funds have 
been disbursed, the Secretary of State shall— 
(A) terminate further assistance to the vio-
lating recipient; 
(B) require repayment of misused funds to 
the United States Treasury; 
(C) declare the recipient ineligible for fu-
ture assistance for a period of not less than 
three years from the date of such determina-
tion; and 
(D) refer the matter to the Attorney Gen-
eral of the United States for potential civil or 
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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 con-
gressional 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 spe-
cifically cites this section and expressly states the intent 
to supersede, amend, or repeal it. 
(i) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to authorize the obligation or ex-
penditure of funds for any purpose for which the obliga-
tion 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 cir-
cumstance, is held to be invalid, the remainder of this sec-
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tion, and the application of the remaining provisions, shall 
not be affected. 
Æ 
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