Rule2026-01516
Combating Gender Ideology in Foreign Assistance
Primary source
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Published
January 27, 2026
Effective
February 26, 2026
Issuing agencies
State Department
Abstract
To implement the foreign policy objective of the United States not to support the promotion of gender ideology overseas, the U.S. Department of State (Department) is adding a new award term for grants, cooperative agreements, and voluntary contributions entitled "Combating Gender Ideology in Foreign Assistance." The award term imposes certain requirements relating to gender ideology on foreign nongovernmental organizations (NGOs), United States NGOs, international organizations, foreign governments, and parastatals. The award term is issued consistent with the Foreign Assistance Act of 1961 (FAA) and other foreign assistance authorities such as the FREEDOM Support Act, the Migration and Refugee Assistance Act of 1962, and the SEED Act of 1989, which authorize the Department to provide foreign assistance on such terms and conditions as the President, and by delegation, the Secretary of State, may determine. Consistent with past Mexico City Policy protocol, the provision will be incorporated as applicable into grants and cooperative agreements when new funds are added as well as into new awards.
Full Text
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<title>Federal Register, Volume 91 Issue 17 (Tuesday, January 27, 2026)</title>
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[Federal Register Volume 91, Number 17 (Tuesday, January 27, 2026)]
[Rules and Regulations]
[Pages 3332-3345]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01516]
[[Page 3332]]
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DEPARTMENT OF STATE
2 CFR Part 603
[Public Notice: 12931]
RIN 1400-AG25
Combating Gender Ideology in Foreign Assistance
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: To implement the foreign policy objective of the United States
not to support the promotion of gender ideology overseas, the U.S.
Department of State (Department) is adding a new award term for grants,
cooperative agreements, and voluntary contributions entitled
``Combating Gender Ideology in Foreign Assistance.'' The award term
imposes certain requirements relating to gender ideology on foreign
nongovernmental organizations (NGOs), United States NGOs, international
organizations, foreign governments, and parastatals. The award term is
issued consistent with the Foreign Assistance Act of 1961 (FAA) and
other foreign assistance authorities such as the FREEDOM Support Act,
the Migration and Refugee Assistance Act of 1962, and the SEED Act of
1989, which authorize the Department to provide foreign assistance on
such terms and conditions as the President, and by delegation, the
Secretary of State, may determine. Consistent with past Mexico City
Policy protocol, the provision will be incorporated as applicable into
grants and cooperative agreements when new funds are added as well as
into new awards.
DATES: The rule is effective February 26, 2026.
FOR FURTHER INFORMATION CONTACT: Bureau of Global Acquisitions, Federal
Assistance Division, <a href="/cdn-cgi/l/email-protection#85e3e0e1e4f6f6ecf6f1e4ebe6e0f5eae9ece6fcc5f6f1e4f1e0abe2eaf3"><span class="__cf_email__" data-cfemail="d5b3b0b1b4a6a6bca6a1b4bbb6b0a5bab9bcb6ac95a6a1b4a1b0fbb2baa3">[email protected]</span></a>, (202) 890-9795.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
To ensure that foreign aid is aligned with administration policy
and promotes human flourishing, the Secretary of State has directed
that foreign assistance align with State Department policies opposing
gender ideology, discriminatory equity ideology, unlawful diversity,
equity, and inclusion (DEI) programs, and abortion as a method of
family planning overseas. Consistent with this directive, as a
condition of receiving foreign assistance, recipients must agree to the
award terms pursuant to the following policies: Protecting Life in
Foreign Assistance (PLFA), Combating Gender Ideology in Foreign
Assistance (CGIFA), and the Combating Discriminatory Equity Ideology in
Foreign Assistance (CDEIFA). These policies are referred to
collectively as the Promoting Human Flourishing in Foreign Assistance
(PHFFA) Policy.
Implementation of the PHFFA Policy is consistent with
administration policy as embodied in numerous Presidential actions,
including:
<bullet> Presidential Memorandum of January 24, 2025, The Mexico
City Policy;
<bullet> Executive Order 14182 of January 24, 2025, Enforcing the
Hyde Amendment;
<bullet> Executive Order 14150 of January 20, 2025, America First
Policy Directive to the Secretary of State;
<bullet> Presidential Memorandum of February 6, 2025, Advancing
United States Interests When Funding Nongovernmental Organizations;
<bullet> Presidential Memorandum of February 4, 2025, Withdrawing
the United States from and Ending Funding to Certain United Nations
Organizations and Reviewing United States Support to all International
Organizations.
<bullet> Executive Order 14190 of January 29, 2025, Ending Radical
Indoctrination in K-12 Schooling
<bullet> Executive Order 14151 of January 20, 2025, Ending Radical
and Wasteful DEI Programs and Preferencing
<bullet> Executive Order 14168 of January 20, 2025, Defending Women
from Gender Ideology Extremism and Restoring Biological Truth to the
Federal Government
<bullet> Executive Order 14173 of January 21, 2025, Ending Illegal
Discrimination and Restoring Merit-Based Opportunity
II. Combating Gender Ideology in Foreign Assistance
Under previous administrations, U.S. foreign assistance was used to
fund the denial of the biological reality of sex, promoting a radical
ideology that permits men to self-identify as women, indoctrinate
children with radical gender ideology, and allow men to gain access to
intimate single-sex spaces and activities designed for women. Efforts
to eradicate the biological reality of sex fundamentally attack women
by depriving them of their dignity, safety, and well-being. It also
threatens the wellbeing of children by encouraging them to undergo
life-altering surgical and chemical interventions that carry serious
risks of lifelong harms like infertility. The erasure of sex in
language and policy has a corrosive impact not just on women and
children but, as an attack on truth and human nature, it harms every
nation. It is the purpose of this rule to prohibit the use of foreign
assistance to support radical gender ideology, including by ending
support for international organizations and multilateral organizations
that pressure nations to embrace radical gender ideology, or otherwise
promote gender ideology.
Similar to the Department's historical efforts to protect taxpayers
from supporting abortion under the Protecting Life in Foreign
Assistance Policy (often known as the Mexico City Policy), under this
rule the Department seeks to protect taxpayers from funding gender
ideology. Accordingly, under this rule the Department of State will
defend the rights of women and children, and protect freedom of
conscience and national sovereignty, by requiring recipients of foreign
assistance to comply with certain restrictions relating to gender
ideology.
The rule provides for a waiver of the policy or its elements in
specific cases if, in the Secretary of State's judgment, such a waiver
is necessary for national security or foreign policy purposes. The
Department of State will issue guidance on the waiver process.
Consistent with past Mexico City Policy protocol, the provision will
generally be incorporated as applicable into grants and cooperative
agreements when new funds are added as well as into new awards.
Members of Congress have sought in legislation for the Department
of State to undertake restrictions on gender ideology as implemented in
this rule. In the 118th Congress, the House of Representatives passed
legislation that would implement the requirements of this rule, and has
advanced similar legislation in the 119th Congress. See section 7067 of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2026 (H.R. 4779), which reads as follows:
(b) None of the funds appropriated or otherwise made available
by this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs may be made
available for drag queen workshops, performances, or documentaries.
[. . .]
(f) None of the funds made available by this Act or any other
Act may be made available in contravention of Executive Order 14187,
relating to Protecting Children From Chemical and Surgical
Mutilation, or shall be used or transferred to another Federal
agency, board, or commission to fund any domestic or international
non-governmental organization or any other program, organization, or
association coordinated or operated by such non-governmental
organization that either offers counseling
[[Page 3333]]
regarding sex change surgeries, promotes sex change surgeries for
any reason as an option, conducts or subsidizes sex change
surgeries, promotes the use of medications or other substances to
halt the onset of puberty or sexual development of minors, or
otherwise promotes transgenderism.
However, it is not necessary for Congress to enact this legislation
for the Department to act under its existing authorities under the
Foreign Assistance Act of 1961 and other laws, as delegated to the
Secretary of State by the President, to ensure taxpayer funds overseas
do not support gender ideology.
This rule is necessary to secure the foreign policy goals of the
United States enshrined in the Geneva Consensus Declaration on
Promoting Women's Health and Strengthening the Family (the
Declaration). The United States spearheaded the initial adoption of the
Declaration in 2020, and rejoined as a signatory to the Declaration in
2025. The Declaration affirms the importance of the family, of
protecting women, and of the right of sovereign nations to implement
programs and activities consistent with their laws and policies--all of
these goals are directly threatened by gender ideology. The United
States is concerned that, absent this rule, U.S. taxpayer funds may
support radical gender ideology and organizations engaged in harm to
women and children, and further, may do so in a manner that undermines
the national laws and values of sovereign nations.
A. Foreign NGOs and International Organizations
Under this rule, any foreign NGO or international organization (IO)
that receives or implements a grant or cooperative agreement for
foreign assistance will be required to agree that, during the period of
the award, it will not, outside the United States, promote gender
ideology, or provide financial support to any other foreign NGO or IO
that promotes gender ideology.
B. U.S. NGOs
Under this rule, a U.S. NGO that receives or implements a foreign
assistance grant or cooperative agreement will not be subject to the
policy requirements for a foreign NGO. However, a U.S. NGO will be
required to agree that, during the period of the award, it will not,
outside the United States, provide sex-rejecting procedures, that it
will not, within the scope of any program, project, or activity funded
by foreign assistance, promote gender ideology, and that it will ensure
the physical and financial separation of its foreign assistance-funded
programs, projects, and activities from the promotion of gender
ideology.
With respect to the promotion of gender ideology, this rule makes
clear that with respect to United States non-governmental
organizations, the award terms shall be construed consistent with the
First Amendment to the United States Constitution, and shall not be
construed to restrict the freedoms of speech or association of such
organizations when using non-Federal funds outside the scope of a
program, project or activity for which foreign assistance is made
available. This is consistent with the Supreme Court's holding in
Agency for International Development v. Alliance for Open Society
International, Inc., 570 U.S. 205 (2013). The limitations on the
provision of sex-rejecting procedures apply to conduct, not protected
speech, and thus do not implicate the First Amendment and so are not
limited by this rule of construction.
Consistent with the Supreme Court's guidance in AID v. Alliance and
its ruling in Rust v. Sullivan, 500 U.S. 173 (1991), this rule imposes
restrictions on the promotion of gender ideology within the scope of
programs, projects, and activities that receive Federal funds. These
program integrity restrictions ensure that there is a bright line of
separation of U.S. foreign assistance programs from gender ideology. In
Rust, the Supreme Court upheld similar regulations in the Title X
family planning program which prohibited Title X projects from engaging
in counseling concerning, referrals for, and activities advocating
abortion as a method of family planning, and required such projects to
maintain an objective integrity and independence from the prohibited
abortion activities by the use of separate facilities, personnel, and
accounting records. Relevant here, in Rust, the Court held:
The regulations do not violate the First Amendment free speech
rights of private Title X fund recipients, their staffs, or their
patients by impermissibly imposing viewpoint-discriminatory
conditions on Government subsidies. There is no question but that
Sec. 1008's prohibition is constitutional, since the Government may
make a value judgment favoring childbirth over abortion, and
implement that judgment by the allocation of public funds. Maher v.
Roe, 432 U. S. 464, 432 U. S. 474. In so doing, the Government has
not discriminated on the basis of viewpoint; it has merely chosen to
fund one activity to the exclusion of another. Similarly,
implementing the statutory prohibition by forbidding counseling,
referral, and the provision of information regarding abortion as a
method of family planning, the regulations simply ensure that
appropriated funds are not used for activities, including speech,
that are outside the federal program's scope. Arkansas Writers'
Project, Inc. v. Ragland, 481 U. S. 221, distinguished.
Imposition of physical and financial separation requirements from
the provision and promotion of gender ideology in foreign assistance
programs is constitutionally permissible, just as similar requirements
with respect to abortion were held to be constitutional under the Title
X family planning program. In addition to the above, while U.S. NGOs
must flow down the award terms under this rule to subrecipients, they
are not subject to an additional requirement not to provide financial
support using non-Federal funds to other organizations that promote
gender ideology outside the United States.
Recently, the U.S. Supreme Court in United States v. Skrmetti, 605
U.S. 495 (2025), upheld Tennessee's law restricting certain surgical
and chemical interventions for minors diagnosed with gender dysphoria
(and similar conditions). The Court found the law's prohibition of sex-
rejecting procedures for minors diagnosed with gender dysphoria
incorporates classifications based on age and medical use--not the
minor's sex. Because the classifications turned on age and medical use
rather than sex, the Court held that the law was not subject to
heightened scrutiny under the Equal Protection Clause of the Fourteenth
Amendment and went on to find the law satisfied rational basis review.
Like the law at issue in Skrmetti, this rule would not discriminate on
the basis of sex and it is not based on an invidious discriminatory
purpose. This rule is animated by concerns that when sex-rejecting
procedures are used for certain medical uses-that is, to align an
individual's physical appearance or body with an asserted identity that
differs from the individual's sex.
Sex-rejecting procedures bear particularly acute risks for
children. On May 1, 2025, the United States Department of Health and
Human Services (HHS) released a comprehensive review of the evidence
and best practices for promoting the health of children and adolescents
diagnosed with gender dysphoria.\1\ On November 19, 2025, HHS published
a final version of the review following conclusion of the peer review
process
[[Page 3334]]
(HHS Review).\2\ The HHS Review, informed by an evidence-based medicine
approach, indicated serious concerns about outcomes associated with
certain medical interventions, such as puberty blockers, cross-sex
hormones, and surgeries, that attempt to transition children and
adolescents away from their sex.\3\ The HHS Review highlights evidence
pointing to significant risks associated with the use of these
procedures, including irreversible harms such as infertility, and finds
extremely weak evidence of benefit. Significantly, the HHS Review finds
that the evidence base does not support conclusions about the
effectiveness of medical and surgical interventions in improving mental
health or reducing gender dysphoria symptoms, stating that ``[a]nalysis
of the biological plausibility of harms is necessary, and suggests that
some short- and long-term harms are likely (in some cases expected)
sequalae of treatment.'' \4\ Likewise, the data considered in the HHS
Review indicate that the risk/benefit profile of medical and surgical
interventions for children and adolescents diagnosed with gender
dysphoria is unfavorable. While the HHS Review itself does not make
clinical, policy, or legislative recommendations, it provides critical
insights that should inform policymakers as they make decisions to
promote health and safety, especially for vulnerable populations such
as minors.
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\1\ HHS Review, 1. ``HHS Releases Comprehensive Review of
Medical Interventions for Children and Adolescents with Gender
Dysphoria,'' U.S. Department of Health and Human Services, released
May 1, 2025, <a href="https://www.hhs.gov/press-room/gender-dysphoria-report-release.html">https://www.hhs.gov/press-room/gender-dysphoria-report-release.html</a>.
\2\ ``HHS Releases Peer-Reviewed Report Discrediting Pediatric
Sex-Rejecting Procedures,'' U.S. Department of Health and Human
Services, released November 19, 2025, <a href="https://www.hhs.gov/press-room/hhs-releases-peer-reviewed-report-discrediting-pediatric-sex-rejecting-procedures.html">https://www.hhs.gov/press-room/hhs-releases-peer-reviewed-report-discrediting-pediatric-sex-rejecting-procedures.html</a>.
\3\ ``HHS Releases Peer-Reviewed Report Discrediting Pediatric
Sex-Rejecting Procedures,'' U.S. Department of Health and Human
Services, released November 19, 2025, <a href="https://www.hhs.gov/press-room/hhs-releases-peer-reviewed-report-discrediting-pediatric-sex-rejecting-procedures.html">https://www.hhs.gov/press-room/hhs-releases-peer-reviewed-report-discrediting-pediatric-sex-rejecting-procedures.html</a>.
\4\ HHS Review, 134.
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The Department does not believe taxpayer dollars should support
sex-rejecting procedures, directly or indirectly for individuals of any
age. A person's body (including its organs, organ systems, and
processes natural to human development like puberty) are either healthy
or unhealthy based on whether they are operating according to their
biological functions. Organs or organ systems do not become unhealthy
simply because the individual may experience psychological distress
relating to his or her sexed body. For this reason, removing a
patient's breasts as a treatment for breast cancer is fundamentally
different from performing the same procedure solely to alleviate mental
distress arising from gender dysphoria. The former procedure aims to
restore bodily health and to remove cancerous tissue. In contrast,
removing healthy breasts or interrupting normally occurring puberty to
``affirm'' one's ``gender identity'' involves the intentional
destruction of healthy biological functions. There is also lack of
clarity about what sex-rejecting procedures' fundamental aims are,
unlike the broad consensus about the purpose of medical treatments for
conditions like appendicitis, diabetes, or severe depression. These
procedures lack strong evidentiary foundations, and our understanding
of long-term health impacts is limited and needs to be better
understood. Imposing restrictions, as this rule proposes, on sex-
rejecting procedures for individuals of any age is necessary for the
Department to protect taxpayer dollars from abuse in support of radical
ideological aims.
C. Foreign Governments and Parastatals
A foreign government or parastatal that receives or implements a
foreign assistance grant or cooperative agreement will not be subject
to the same award terms as a foreign or U.S. NGO. The Department has
elected this approach based on considerations relating to foreign
policy. However, a foreign government or parastatal may be required to
agree that, during the period of the award, it will not use foreign
assistance funds under this award, to promote gender ideology. Pursuant
to a Department assessment that this award term should apply, in whole
or in part, to an award to a foreign government or parastatal, that
foreign government or parastatal will be required to place any foreign
assistance funds under this award in a segregated account to ensure
that such funds may not be used to support such activity to the extent
the foreign government conducts or supports such activity.
D. Flow Down of Policy Requirements to Subrecipients.
Foreign and U.S. NGOs, IOs, foreign governments, and parastatals
will be required to flow down the award terms under this rule, as
applicable, to subrecipients of foreign assistance.
E. Scope of Foreign Assistance
The Department has determined that applying this rule to non-
military foreign assistance broadly is necessary to ensure that its
foreign assistance programs do not support foreign NGOs and IOs that
promote gender ideology, and U.S. NGOs that provide sex-rejecting
procedures, and to ensure the integrity of programs such as
humanitarian assistance, gender-related programs, and more, do not
promote gender ideology. It is also necessary to unwind efforts by
prior administrations to integrate gender ideology throughout foreign
assistance programs (See, for example, the National Strategy on Gender
Equity and Equality launched by the Biden Administration in 2021). This
rule will also allow for more foreign assistance funds to support
organizations that promote biological truth in their foreign assistance
programs and help the Department to establish new partnerships.
Under this rule, ``foreign assistance'' subject to this policy is
defined as federal funding administered by the Department under title
III of, or under the ``International Narcotics Control and Law
Enforcement,'' ``Nonproliferation, Anti-Terrorism, Demining and Related
Programs,'' ``Peacekeeping Operations,'' and ``International
Organizations and Programs'' headings of, the annual Department of
State, Foreign Operations, and Related Programs Appropriations Act.
Accordingly, this rule covers non-military foreign assistance
including, but not limited to: Global Health Programs, Humanitarian
Assistance, economic and development assistance, stabilization
assistance, civil society and democracy programming, Migration and
Refugee Assistance, and voluntary contributions to international
organizations, funded from foreign assistance. This rule does not cover
military assistance and other assistance that falls outside the
definition above.
For foreign assistance awards, the CGIFA award term will be
included in (i) all new grants and cooperative agreements that provide
foreign assistance; and (ii) all existing grants and cooperative
agreements that provide foreign assistance when such agreements are
amended to add new funding.
State Department is working with other agencies that administer
foreign assistance to implement the CGIFA standard provision in their
foreign assistance grants and agreements, to the maximum extent
allowable by federal law, consistent with the statutes and regulations
on which they are based and that such agencies administer, as well as
applicable grant-specific regulations.
For contracts, the Administration is developing a corresponding
clause for all U.S. government departments and agencies to include in
certain types of contracts for foreign assistance. Until that rule-
making process is complete, no clause will be included in foreign
assistance contracts.
[[Page 3335]]
F. Definitions
The definitions of female, male, and sex in this rule are
appropriately rooted in biological reality. A landmark study of and
model for anisogamy established that differences in gamete size, and
the associated differences in gamete production time, lead to stable
sexual dimorphism and the establishment of two biological sexes: ovum
producers (females) and sperm producers (males).\5\ Additionally, more
recent literature acknowledges differences in sex roles but maintains
that such differences can still be traced to the concept of anisogamy
and the resultant sexual dimorphism that remain the root cause of sex
specific selection, the sex roles, and the determination of biological
sex.\6\
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\5\ G.A. Parker et al., ``The origin and evolution of gamete
dimorphism and the male-female phenomenon,'' Journal of Theoretical
Biology 36, no. 3 (1972): 529-553, <a href="https://doi.org/10.1016/0022-5193">https://doi.org/10.1016/0022-5193</a>(72)90007-0.
\6\ Lukas Sch[auml]rer et al., ``Anisogamy, chance and the
evolution of sex roles,'' Trends in Ecology & Evolution 27, no. 5
(2012): 260-264, <a href="https://doi.org/10.1016/j.tree.2011.12.006">https://doi.org/10.1016/j.tree.2011.12.006</a>.
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For purposes of this rule, the following definitions apply:
Gender ideology is an ideology that replaces the biological
category of sex with an ever-shifting concept of self-assessed gender
identity, permitting the false claim that males can identify as and
thus become females and vice versa, and requiring all institutions of
society to regard this false claim as true. Gender ideology includes
the idea that there is a vast spectrum of genders that are disconnected
from one's sex. Gender ideology is internally inconsistent, in that it
diminishes sex as an identifiable or useful category but nevertheless
maintains that it is possible for a person to be born in the wrong
sexed body.
Gender identity is an individual's fully internal and subjective
sense of self, disconnected from biological reality and sex and
existing on an infinite continuum. Gender identity does not provide a
meaningful basis for identification and cannot be recognized as a
replacement for sex.
To promote gender ideology includes any activity to promote gender
ideology. Such term includes:
(I) The provision or promotion of sex-rejecting procedures or sex-
rejecting social transition;
(II) Committing resources, financial or other to increase the
availability, or use of sex-rejecting procedures or sex-rejecting
social transition;
(III) Operating a service-delivery site that provides counseling,
including advice and information, regarding the benefits and/or
availability of sex-rejecting procedures or sex-rejecting social
transition (unless, in the case of a United States nongovernmental
organization, the physical and financial separation requirements under
this paragraph (a) with respect to foreign assistance are satisfied);
(IV) Providing advice that sex-rejecting procedures or sex-
rejecting social transition is an available option for treatment of
gender dysphoria, or referring for, or encouraging individuals to
consider, such activities;
(V) Lobbying, pressuring, or encouraging a foreign government to
provide special legal status or protections based on gender identity,
to legalize or make available sex-rejecting procedures or sex-rejecting
social transition, or otherwise to promote gender ideology, or
lobbying, pressuring, or encouraging such a government to continue the
legality of any such activities or otherwise to change policies to
reflect gender ideology;
(VI) Conducting a public-information campaign in foreign countries
regarding acceptance of gender ideology, or the benefits and/or
availability of sex-rejecting procedures or sex-rejecting social
transition;
(VII) Using or teaching sex education materials (including books,
curricula, media, etc.) that include gender ideology, such as the idea
that it is possible to change one's sex, to be born in the wrong body,
or instructing on the use of pronouns that do not correspond to an
individual's sex; and
(VIII) Conducting drag queen workshops, performances, or
documentaries.
Action by an individual who is acting in his or her personal
capacity shall not be attributed to an organization with which the
individual is associated, provided that the individual is neither on
duty nor acting on the organization's premises, and provided that the
organization neither endorses, nor provides financial support for, the
action and takes reasonable steps to ensure the individual does not
improperly represent that he or she is acting on behalf of the
organization.
Sex-rejecting procedure is 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 either by:
(I) intentionally disrupting or suppressing the normal development
of natural biological functions, including primary or secondary sex-
based traits; or
(II) intentionally altering an individual's physical appearance or
body, including amputating, minimizing or destroying primary or
secondary sex-based traits such as the sexual and reproductive organs.
Such term does not include procedures undertaken (I) to treat a
person with a medically verifiable disorder of sexual development, (II)
for purposes other than attempting to align an individual's physical
appearance or body with an asserted identity that differs from the
individual's sex, or (III) to treat complications of, including any
infection, injury, disease, or disorder that has been caused by or
exacerbated by, the performance of, such a sex rejecting procedure.
To provide a sex-rejecting procedure means any act of performing
any procedure, or prescribing, dispensing, or utilizing any drug or
device, for a sex-rejecting procedure, and any act of paying for,
assisting in carrying out, or operating a facility that carries out,
any such activities.
Female is a person of the sex characterized by a reproductive
system with the biological function of (at maturity, absent disruption
or congenital anomaly) producing eggs (ova).
Male is a person of the sex characterized by a reproductive system
with the biological function of (at maturity, absent disruption or
congenital anomaly) producing sperm.
Sex is a person's immutable biological classification as either
male or female.
Social transition is the process of adopting a ``gender identity''
or ``gender marker'' that differs from a person's sex. This process can
include psychological or psychiatric counseling or treatment by a
counselor or other provider; modifying a person's name (e.g., ``Jane''
to ``James'') or pronouns (e.g., ``him'' to ``her''); calling a person
``nonbinary''; use of intimate facilities and accommodations such as
bathrooms or locker rooms specifically designated for persons of the
opposite sex; and participating in athletic competitions or other
activities specifically designated for persons of the opposite sex; and
the use of non-medical physical sex-rejecting interventions such as
binders used to flatten female breasts. ``Social transition'' does not
include the provision of sex-rejecting procedures.
Foreign assistance is federal funding appropriated under title III
of, or under the ``International Narcotics Control and Law
Enforcement,'' ``Nonproliferation, Anti-Terrorism, Demining and Related
Programs,'' ``Peacekeeping Operations,'' and ``International
Organizations and Programs'' headings of, the annual Department of
State, Foreign Operations, and Related Programs Appropriations Act.
[[Page 3336]]
To furnish foreign assistance means transferring foreign assistance
funds provided under this award or goods financed with such funds to
another entity. This does not include providing technical assistance or
training (including costs directly related to such assistance or
training for individuals), unless the entity receives a sub-award of
foreign assistance funds under this award. Additionally, furnishing
foreign assistance does not include purchasing goods or services from
the entity.
To control an organization means to possess the power to direct, or
cause the direction of, its management, personnel, and policies.
A foreign non-governmental organization is any non-governmental
organization or entity, whether non-profit or profit-making (including
any commercial firm and educational institution), not organized or
existing under the laws of the United States, any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or
any other territory or possession of the United States.
A United States non-governmental organization is any non-
governmental organization or entity, whether non-profit or profit-
making (including any commercial firm and educational institution),
organized or existing under the laws of the United States, any State of
the United States, the District of Columbia, the Commonwealth of Puerto
Rico, or any other territory or possession of the United States.
An international organization is--
(A) Any organization designated as being entitled to enjoy the
privileges, exemptions, and immunities under the International
Organizations Immunities Act;
(B) Any organization treated as a public international organization
pursuant to the regulations or policies of the Department of State;
(C) Any organization established by international agreement and
whose governing body is composed principally of representatives of
national governments; or
(D) Any other multilateral entity in which sovereign nations
participate.
To provide financial support means to provide funds from any source
and for any purpose to a foreign NGO or IO through an award, sub-award,
contract, sub-contract, grant under contract, or other written
agreement or donation of funds.
A foreign government is any department, agency, independent
establishment, or other entity of the government of a foreign country.
A parastatal is a foreign-government-owned organization operated as
a commercial company or other organization, including non-profits, or
enterprises in which foreign governments or foreign government agencies
have a controlling interest.
III. Legal Authority
This rule amends 2 CFR chapter VI to add an award term at part 603,
entitled ``Combating Gender Ideology in Foreign Assistance.'' The term,
applicable to all solicitations, Federal assistance awards, and
subawards, including grants under contracts, awarded with Department of
State foreign assistance funds, including funds transferred to the
United States Department of State from the U.S. Agency for
International Development, provides certain gender ideology-related
requirements intended to prohibit any direct or indirect support of
gender ideology.
Under the statutory regime governing foreign assistance, and
consistent with his responsibilities regarding the conduct of U.S.
foreign affairs, the President has broad discretion to set the terms
and conditions on which the United States provides such assistance.
Many of the authorities provided under the Foreign Assistance Act of
1961, and similar statutes, explicitly allow for the provision of
assistance ``on such terms and conditions as [the President] may
determine.'' See, e.g., section 104(c)(1) of the FAA (22 U.S.C.
2151b(c)(1)) (health assistance); section 301(a) of the FAA (22 U.S.C.
2221(a)) (voluntary contributions to international organizations);
section 481(a)(4) of the FAA (22 U.S.C. 2291(a)(4)) (counternarcotics
and anti-crime assistance); section 531 of the FAA (22 U.S.C. 2346)
(assistance to promote economic or political stability); section 541(a)
of the FAA (22 U.S.C. 2347) (International Military Education and
Training assistance); section 551 of the FAA (22 U.S.C. 2348)
(Peacekeeping Operations); section 571 of the FAA (22 U.S.C. 2349aa)
(anti-terrorism assistance); see also section 2(c)(1) of the MRAA;
section 201 of the SEED Act of 1989 (amending the FAA by inserting,
inter alia, section 498b(i))).
Section 621(a) of the FAA provides that ``[t]he President may
exercise any functions conferred upon him by this Act through such
agency or officer of the United States Government as he shall direct.
The head of any such agency or such officer may from time to time
promulgate such rules and regulations as may be necessary to carry out
such functions. . . .'' 22 U.S.C. 2381(a). The Secretary of State
exercises authorities under the FAA as delegated by the President in
Executive Order 12163, dated September 29, 1979, as amended. That
includes the President's authority to ``issue and enforce regulations
determining the eligibility of any person to receive funds made
available under'' the FAA. 22 U.S.C. 2381(b).
This rule falls within the Department's authority, delegated to the
Secretary of State by the President, to set conditions on the provision
of foreign assistance, including on the implementers of such
assistance. Courts have repeatedly recognized that the President has
broad discretion in the conduct of foreign affairs to allocate foreign
assistance funding for particular programs and to set the conditions on
U.S. funding to implementers of those programs. See, e.g., DKT Memorial
Fund v. USAID, 887 F.2d 275, 282 (D.C. Cir. 1989); Planned Parenthood
Federation of America v. USAID, 915 F.2d 59 (2d Cir. 1990); Center for
Reproductive Law and Policy v. Bush, 304 F.3d 183 (2d Cir. 2002). These
courts recognized the President's broad discretion to allocate
assistance funding for particular programs and to set the conditions on
U.S. funding to non-governmental implementers of those programs. See,
e.g., Planned Parenthood v. USAID, 838 F.2d 649, 654 (2d Cir. 1988) (in
carrying out the policies under the Foreign Assistance Act, ``AID has
`broad discretionary power' to decide which, among numerous competing
projects, will be given family planning funds''); DKT, 887 F.2d at 282
(``President acted under a congressional grant of discretion as broadly
worded as any we are likely to see. . . .'').
Moreover, the Secretary has the authority to promulgate such rules
and regulations as may be necessary to carry out his functions and the
functions of the Department of State. See 22 U.S.C. 2651a(a)(4). This
rule provides an award requirement for federal assistance award
recipients to refrain from gender ideology-related activities to
varying degrees. Under its grantmaking authority, the Department awards
grants in the execution of foreign assistance programs. Prudent and
responsible exercise of the Department's foreign assistance and
grantmaking authority requires that award terms ensure that foreign
assistance does not support, directly or indirectly, the provision or
promotion of gender ideology. In addition to the Department's authority
to promulgate regulations under the FAA, described above, 2 CFR
200.211(c), (d), and (e) also expressly authorize the agency to
incorporate in an award general terms and conditions; Federal awarding
agency, program, or Federal award specific terms and
[[Page 3337]]
conditions; and Federal awarding agency requirements.
This rule is issued pursuant to the Secretary's authorities
described above.
The Department has additionally considered the potential reliance
interests of funding recipients and others on this final rule. The
Department understands that, as a result of this rule, some
organizations may choose to no longer receive or seek foreign
assistance funds rather than comply with the award term. We understand
that compliance may require organizations to cease activities that they
may have long carried out, but are prohibited under the award term
established under this rule. In the case of U.S. NGOs, we anticipate
that some organizations will incur transition costs where certain other
programs that shared facilities with foreign assistance programs must
now establish separate physical facilities.
The Department believes that many organizations that are current
recipients of foreign assistance will come into compliance as they
obtain future grants or when funds are added to existing grants.
However, the Department understands that certain organizations may
decide to no longer accept foreign assistance in the future because of
these award terms, which could in turn result in temporary disruptions
in service delivery or impacts on program beneficiaries. In such cases,
the Department will work to find new partners willing to agree to the
award term, while minimizing any disruption of services. Moreover, the
Department expects the quality and impact of foreign assistance
programs to improve as programs are focused and prioritized, without
being diverted for activities in violation of this rule.
The interests of organizations in maintaining continued taxpayer
funding, while continuing activities that are inconsistent with this
rule, do not outweigh the Department's foreign policy concerns and
objectives outlined in this rule to ensure that foreign assistance
funds do not directly or indirectly support discriminatory equity
ideology. Compliance with this rule is additionally necessary to remove
confusion caused when U.S.-funded organizations act in a manner
inconsistent with this rule, which can create confusion regarding the
foreign policy priorities and objectives of the United States.
Finally, in the event that any portion of this final rule is
declared invalid, the Department intends that the various aspects be
severable; the Department intends the remaining features of the policy
to stand.
IV. Regulatory Analyses
A. Administrative Procedure Act
Pursuant to the Administrative Procedure Act (APA), this is final
rule is published without prior notice and comment or a delayed
effective date. Because this rule involves a matter relating to grants,
it is not subject to 5 U.S.C. 553. See 5 U.S.C. 553(a)(2). In addition,
this rule is exempt because it involves the foreign affairs functions
of the United States. See 5 U.S.C. 553(a)(1).
B. Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review)
The Office of Information and Regulatory Affairs has determined
that this rulemaking is an economically significant regulatory action
under section 3(f)(1) of Executive Order 12866 (Sep. 30, 1993).
Accordingly, this rule has been submitted to the Office of Management
and Budget (``OMB'') for review.
This regulation has been drafted and reviewed in accordance with
Executive Order 12866 section 1(b), id. at 51735, and in accordance
with Executive Order 13563 section 1(b) (Jan. 18, 2011), which
supplements and reaffirms the principles of Executive Order 12866.
These Executive Orders direct agencies to assess all costs and benefits
of available regulatory alternatives and, if regulation is necessary,
to select regulatory approaches that maximize net benefits. 58 FR at
51735; 76 FR at 3821. Executive Order 13563 also recognizes that some
benefits and costs are difficult to quantify and provides that, where
appropriate and permitted by law, agencies may consider and discuss
qualitatively values that are difficult or impossible to quantify. Id.
As explained in the preamble, the award terms under this rule are
necessary to advance the United States' foreign policy objective not to
support gender ideology directly or indirectly.
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
the costs and benefits of the intended regulation. E.O. 13563 allows
that in making this assessment, an agency ``may consider (and discuss
qualitatively) values that are difficult or impossible to quantify,
including equity, human dignity, fairness, and distributive impacts.''
Including this award provision in foreign assistance grants and
cooperative agreements provides an explicit requirement that recipients
and grantees not violate applicable undertakings relating to the
provision or promotion of gender ideology. The benefits of the rule
include protecting American taxpayers from supporting gender ideology
and advancing the foreign policy interests of the United States to
promote biological truth, and to ensure foreign assistance programs and
foreign partners are not undermining the laws and values of foreign
nations or pressuring such nations to support gender ideology.
The Department recognizes there are costs associated with this
rule. Potential one-time and recurring costs the Department identifies
for recipients and grantees are for familiarization with the rule,
development and delivery of organizational training and implementation
guidance, routine compliance monitoring, and recordkeeping and
reporting requirements.
The Department estimates that 2,500 recipients and grantees
(including foreign NGOs, U.S. NGOs, international organizations, and
foreign governments and parastatals) will be impacted by this rule.
This estimate is derived from an analysis of the Department's current
portfolio of funding recipients implementing activities with foreign
assistance funds.
Based in part on the Department's previous experience, the agency
estimates that recipients and grantees will first require 50 hours, on
average, to familiarize themselves with the recordkeeping requirements
within this final rule, and revise internal policies and financial
accounting systems to comply with said recordkeeping requirements. To
quantify the total one-time familiarization costs, The Department used
June 2025 data from the Bureau of Labor Statistics (BLS) National
Compensation Survey,\7\ reporting a mean fringe benefit factor of 1.46
for civilian workers in general. The Department assumes that impacted
entities will employ an attorney to analyze the rule. Multiplying the
BLS mean hourly wage for Lawyers, Standard Occupation Classification
23-1011 of $87.86 by the mean fringe benefit factor of 1.46 yields an
estimated total compensation (wages and benefits) for Lawyers of
$128.28 per hour ([$87.86 per hour] x 1.46).
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\7\ <a href="https://www.bls.gov/news.release/pdf/ecec.pdf">https://www.bls.gov/news.release/pdf/ecec.pdf</a>.
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Thus, the agency calculates a one-time cost for familiarization of
$16,035,000[(2,500 entities) times (50 hours per entity) times
($128.28/hour)].
For the development and delivery of organization-specific training,
the Department estimates a cost of $37,984,700. The Department
estimates that recipients subject to the rule will spend twenty one
(21) hours annually to train their workforces: eight (8) hours
[[Page 3338]]
developing training materials and twelve (12) hours each month to train
newly hired staff, and one hour to train existing staff. The Department
estimates that a lawyer will develop and conduct this training at a
cost of $128.28 per hour, and that all recipient staff will attend a
one-hour training. The Department estimates an average workforce size
of 250 staff with an average hourly salary of $50.
For routine compliance monitoring costs, the Department estimates
$76,968,000 annually. The Department estimates a minimum of 240 annual
hours (20 hours monthly) to monitor prime and sub-recipient activities.
Such monitoring activities may include development of monitoring tools
such as checklists, discussion guides, and reference materials,
conducting desk review of documents, reports, work plans, and budgets,
and conducting site visits to inspect implementation of activities for
compliance with policy requirements. The Department estimates that
these activities will be conducted by lawyers and senior program
managers with an average hourly salary of $128.28.
Finally, the Department recognizes that this final rule is likely
to impose costs on some U.S. NGOs whose programs currently share
facilities with foreign assistance programs, and now must establish
separate physical facilities. The Department also understands that
certain organizations may decide to no longer accept foreign assistance
in the future because of these award terms, which could in turn result
in temporary disruptions in service delivery, imposing costs on program
beneficiaries. However, the Department is not able to quantitatively
assess these costs.
In summary, the Department estimates this rule will impose one-time
familiarization costs of $16,035,000, and annual costs related to
training and compliance monitoring of $114,052,700.
C. Regulatory Flexibility Act
Congress enacted the Regulatory Flexibility Act of 1980, as
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not
unnecessarily or disproportionately burden small entities. It requires
a regulatory flexibility analysis if a rule is subject to the notice-
and-comment provisions of the APA and would have a significant economic
impact, either detrimental or beneficial, on a substantial number of
small entities. This rule is exempt from the notice and comment
requirements of the APA, as a matter related to grants and foreign
affairs functions, and thus the Department does not provide a
regulatory flexibility analysis. See 5 U.S.C. 553(a)(2).
D. Unfunded Mandates Act of 1995
The Unfunded Mandates Act of 1995 requires agencies to prepare
several analytical statements before proposing any rule that may result
in annual expenditures of $100 million or more in State, local, or
Indian Tribal governments. Since this final rule will not result in
expenditures of this magnitude, the Department certifies that such
statements are not necessary.
E. Executive Order 14192 (Unleashing Prosperity Through Deregulation)
Executive Order 14192 requires an agency, unless prohibited by law,
to identify at least 10 existing regulations to be repealed when the
agency publicly proposes for notice and comment or otherwise
promulgates a new regulation. In furtherance of this requirement,
section 3(c) of the Order requires that ``any new incremental costs
associated with new regulations shall, to the extent permitted by law,
be offset by the elimination of existing costs associated with at least
10 prior regulations.'' Id. Executive Order 14192 exempts from these
requirements ``regulations issued with respect to a foreign affairs-
related function of the United States.'' This rule is issued with
respect to foreign affairs-related functions and is thus exempt from
Executive Order 14192 requirements.
F. Executive Order 14294 (Fighting Overcriminalization in Federal
Regulations)
Executive Order 14294 requires agencies promulgating regulations
with criminal regulatory offenses potentially subject to criminal
enforcement to ``explicitly describe the conduct subject to criminal
enforcement, the authorizing statutes, and the mens rea standard
applicable to'' each element of those offenses. This rule does not
impose a criminal regulatory penalty and is thus exempt from Executive
Order 14294 requirements.
G. Executive Orders 12372 and 13132--Federalism
This regulation will not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement. The
regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
regulation.
H. Executive Order 13175--Consultation With Tribal Governments
The Department has determined that this rulemaking will not have
Tribal implications, will not impose substantial direct compliance
costs on Indian Tribal governments, and will not preempt Tribal law.
Accordingly, the requirements of E.O. 13175 do not apply to this rule.
I. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (PRA) defines ``collection of
information'' to mean ``the obtaining, causing to be obtained,
soliciting, or requiring the disclosure to third parties or the public,
of facts or opinions by or for an agency, regardless of form or
format.'' 44 U.S.C. 3502(3)(A). Under the PRA, a Federal agency cannot
conduct or sponsor a collection of information unless OMB approves it
and the agency displays a currently valid OMB control number. 44 U.S.C.
3507. Also, notwithstanding any other provision of law, no individual
or organization shall be subject to penalty for failing to comply with
a collection of information if the collection of information does not
display a currently valid OMB control number. 44 U.S.C. 3512. The
Department will not enforce any information collection requirements
described in this rule until OMB's approval and will publish separate
60- and 30-day notices in the Federal Register soliciting public
comment on the burden estimates provided below.
Title of Information Collection: Foreign Assistance Requirements.
OMB Control Number: 1405-XXXX.
Type of Request: New collection.
Originating Office: Department of State, Bureau of Global
Acquisitions.
Form Number: No form.
Respondents: Offerors and awardees of Department of State foreign
assistance.
Estimated Number of Respondents: 2,500.
Estimated Number of Responses: 2,500.
Average Time per Response: 261 hours.
Total Estimated Burden Hours: 652,500 hours.
Estimated burden hour costs: $114,052,700.
Frequency: On occasion.
Obligation to Respond: Mandatory.
[[Page 3339]]
J. Congressional Review Act
The Office of Information and Regulatory Affairs has determined
that this final rule meets the criteria in the Congressional Review Act
(CRA) at 5 U.S.C. 804(2) and will comply with the applicable
requirements at 5 U.S.C. 801. However, the Department has also
determined that there is good cause to exempt this rule from the 60-day
delay of effect at 5 U.S.C. 801(a)(3)(A). Specifically, the requirement
for a delayed effective date does not apply because notice and public
procedure are not required for this rule by the APA and thus are
unnecessary for the purposes of the CRA under 5 U.S.C. 808(2). As noted
above, this rule involves a matter relating to grants. See 5 U.S.C.
553(a)(2). In addition, this rule involves the foreign affairs
functions of the United States. See 5 U.S.C. 553(a)(1).
List of Subjects in 2 CFR Part 603
Administrative practice and procedure, Grant programs.
0
For the reasons set forth above, the Department of State adds part 603
to title 2 of the Code of Federal Regulations to read as follows:
PART 603--COMBATING GENDER IDEOLOGY IN FOREIGN ASSISTANCE
Sec.
603.10 Applicability.
603.20 Award term.
Appendix A to Part 603--Requirements and Eligibility Criteria for
Recipients of Foreign Assistance
Authority: 5 U.S.C. 301; 22 U.S.C. 2651a, 22 U.S.C. 2151, 22
U.S.C. 2451, 22 U.S.C. 1461; 2 CFR part 200.
PART 603--COMBATING GENDER IDEOLOGY IN FOREIGN ASSISTANCE
Sec. 603.10 Applicability.
This part establishes an award term for recipients and
subrecipients of Federal awards subsidized in whole or in part by
foreign assistance funds administered by the Department of State. The
award term under this part must generally be included in all foreign-
assistance solicitations and all resulting awards, including all
grants, cooperative agreements, and voluntary contributions, whenever
implementation of the activity involves foreign assistance, to, or
implemented by, foreign nongovernmental organizations, international
organizations, and United States nongovernmental organizations. The
award term under this part may but need not be included in whole or in
part, as applicable, in agreements with foreign governments and
parastatals (e.g., government-to-government agreements, strategic or
other agreements with host governments), and agreements with bilateral
governmental donors if the Department of State assesses such term is
appropriate for that agreement.
Sec. 603.20 Award term.
The award term in appendix A to this part will be incorporated, as
applicable, in awards for foreign assistance administered by the
Department of State.
(a) The following definitions apply for purposes of the award term
in appendix A to this part:
(1) Gender ideology is an ideology that replaces the biological
category of sex with an ever-shifting concept of self-assessed gender
identity, permitting the false claim that males can identify as and
thus become females and vice versa, and requiring all institutions of
society to regard this false claim as true. Gender ideology includes
the idea that there is a vast spectrum of genders that are disconnected
from one's sex. Gender ideology is internally inconsistent, in that it
diminishes sex as an identifiable or useful category but nevertheless
maintains that it is possible for a person to be born in the wrong
sexed body.
(2) Gender identity is an individual's fully internal and
subjective sense of self, disconnected from biological reality and sex
and existing on an infinite continuum. Gender identity does not provide
a meaningful basis for identification and cannot be recognized as a
replacement for sex.
(3)(i) To promote gender ideology includes any activity to promote
gender ideology. Such term includes:
(A) The provision or promotion of sex-rejecting procedures or sex-
rejecting social transition;
(B) Committing resources, financial or other to increase the
availability, or use of sex-rejecting procedures or sex-rejecting
social transition;
(C) Operating a service-delivery site that provides counseling,
including advice and information, regarding the benefits and/or
availability of sex-rejecting procedures or sex-rejecting social
transition (unless, in the case of a United States nongovernmental
organization, the physical and financial separation requirements under
this paragraph (a) with respect to foreign assistance are satisfied);
(D) Providing advice that sex-rejecting procedures or sex-rejecting
social transition is an available option for treatment of gender
dysphoria, or referring for, or encouraging individuals to consider,
such activities;
(E) Lobbying, pressuring, or encouraging a foreign government to
provide special legal status or protections based on gender identity,
to legalize or make available sex-rejecting procedures or sex-rejecting
social transition, or otherwise to promote gender ideology, or
lobbying, pressuring, or encouraging such a government to continue the
legality of any such activities or otherwise to change policies to
reflect gender ideology;
(F) Conducting a public-information campaign in foreign countries
encouraging acceptance of gender ideology, or the benefits and/or
availability of sex-rejecting procedures or sex-rejecting social
transition;
(G) Using or teaching sex education materials (including books,
curricula, media, etc.) that include gender ideology, such as the idea
that it is possible to change one's sex, to be born in the wrong body,
or instructing on the use of pronouns that do not correspond to an
individual's sex; and
(H) Conducting drag queen workshops, performances, or
documentaries.
(ii) Action by an individual who is acting in his or her personal
capacity shall not be attributed to an organization with which the
individual is associated, provided that the individual is neither on
duty nor acting on the organization's premises, and provided that the
organization neither endorses, nor provides financial support for, the
action and takes reasonable steps to ensure the individual does not
improperly represent that he or she is acting on behalf of the
organization.
(4)(i) Sex-rejecting procedure is 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 either by:
(A) Intentionally disrupting or suppressing the normal development
of natural biological functions, including primary or secondary sex-
based traits; or
(B) Intentionally altering an individual's physical appearance or
body, including amputating, minimizing or destroying primary or
secondary sex-based traits such as the sexual and reproductive organs.
(ii) Such term does not include procedures undertaken:
(A) To treat a person with a medically verifiable disorder of
sexual development;
(B) For purposes other than attempting to align an individual's
physical appearance or body with an asserted identity that differs from
the individual's sex; or
[[Page 3340]]
(C) To treat complications of, including any infection, injury,
disease, or disorder that has been caused by or exacerbated by, the
performance of, such a sex rejecting procedure.
(5) To provide a sex-rejecting procedure means any act of
performing any procedure, or prescribing, dispensing, or utilizing any
drug or device, for a sex-rejecting procedure, and any act of paying
for, assisting in carrying out, or operating a facility that carries
out, any such activities.
(6) Female is a person of the sex characterized by a reproductive
system with the biological function of (at maturity, absent disruption
or congenital anomaly) producing eggs (ova).
(7) Male is a person of the sex characterized by a reproductive
system with the biological function of (at maturity, absent disruption
or congenital anomaly) producing sperm.
(8) Sex is a person's immutable biological classification as either
male or female.
(9) Social transition is the process of adopting a ``gender
identity'' or ``gender marker'' that differs from a person's sex. This
process can include psychological or psychiatric counseling or
treatment by a counselor or other provider; modifying a person's name
(e.g., ``Jane'' to ``James'') or pronouns (e.g., ``him'' to ``her'');
calling a person ``nonbinary''; use of intimate facilities and
accommodations such as bathrooms or locker rooms specifically
designated for persons of the opposite sex; and participating in
athletic competitions or other activities specifically designated for
persons of the opposite sex; and the use of non-medical physical sex-
rejecting interventions such as binders used to flatten female breasts.
``Social transition'' does not include the provision of sex-rejecting
procedures.
(10) Foreign assistance is Federal funding administered by the
Department of State appropriated under title III of, or under the
``International Narcotics Control and Law Enforcement,''
``Nonproliferation, Anti-Terrorism, Demining and Related Programs,''
``Peacekeeping Operations,'' and ``International Organizations and
Programs'' headings of, the annual Department of State, Foreign
Operations, and Related Programs Appropriations Act.
(11) To furnish foreign assistance means transferring foreign
assistance funds provided under the award or goods financed with such
funds to another entity. This does not include providing technical
assistance or training (including costs directly related to such
assistance or training for individuals), unless the entity receives a
sub-award of foreign assistance funds under the award. Additionally,
furnishing foreign assistance does not include purchasing goods or
services from the entity.
(12) To control an organization means to possess the power to
direct, or cause the direction of, its management, personnel, and
policies.
(13) A foreign non-governmental organization (NGO) is any non-
governmental organization or entity, whether non-profit or profit-
making (including any commercial firm and educational institution), not
organized or existing under the laws of the United States, any State of
the United States, the District of Columbia, the Commonwealth of Puerto
Rico, or any other territory or possession of the United States.
(14) A United States non-governmental organization (NGO) is any
non-governmental organization or entity, whether non-profit or profit-
making (including any commercial firm and educational institution),
organized or existing under the laws of the United States, any State of
the United States, the District of Columbia, the Commonwealth of Puerto
Rico, or any other territory or possession of the United States.
(15) An international organization (IO) is--
(i) Any organization designated as being entitled to enjoy the
privileges, exemptions, and immunities under the International
Organizations Immunities Act;
(ii) Any organization treated as a public international
organization pursuant to the regulations or policies of the Department
of State;
(iii) Any organization established by international agreement and
whose governing body is composed principally of representatives of
national governments; or
(iv) Any other multilateral entity in which sovereign nations
participate.
(16) To provide financial support means to provide funds from any
source and for any purpose to a foreign NGO or IO through an award,
sub-award, contract, sub-contract, grant under contract, or other
written agreement or donation of funds.
(17) A foreign government is any department, agency, independent
establishment, or other entity of the government of a foreign country.
(18) A parastatal is a foreign-government-owned organization
operated as a commercial company or other organization, including non-
profits, or enterprises in which foreign governments or foreign
government agencies have a controlling interest.
(b) See appendix A to this part for the requirements and
eligibility criteria for recipients of foreign assistance.
(c) With respect to United States non-governmental organizations,
the award term shall be construed consistent with the First Amendment
to the United States Constitution and shall not be construed to
restrict the freedoms of speech or association of such organizations
when using non-Federal funds outside the scope of a program, project or
activity for which foreign assistance is made available.
(d) The Secretary of State or Under Secretary of State for Foreign
Assistance, Humanitarian Affairs, and Religious Freedom may waive the
application of this part or any of its elements if a waiver is deemed
necessary for national security or foreign policy purposes.
(e) In the event of a conflict between a term of the award term and
local law, an exemption may be sought from such term from the
Department of State to avoid a violation of the award term.
(f) In determining whether an entity is eligible to be a recipient
or sub-recipient of foreign assistance under the award, the action of
separate entities shall not be imputed to the recipient or sub-
recipient, unless, in the judgment of the Department of State, a
separate entity is being used purposefully to avoid the provisions of
the part. Separate entities are those that have distinct legal
existence in accordance with the laws of the countries in which they
are organized. Entities that are separately organized shall not be
considered separate, however, if one is controlled by the other. The
recipient may request the approval of its Agreement Officer to treat as
separate the activities of two or more entities, which would not be
considered separate under the preceding sentence. The recipient must
provide a written justification to the Department of State that the
activities of the organizations are sufficiently distinct to warrant
not imputing the activity of one to the other.
(g) If anything in the award term, or the application of this part
to any person or circumstance, is held to be unconstitutional, the
remainder of this part and the application of such to any person or
circumstance shall not be affected thereby.
(h) The award term in appendix A to this part shall be inserted
verbatim in sub-awards in accordance with the terms of paragraphs (a)
and (b) of this section.
[[Page 3341]]
Appendix A to Part 603--Requirements and Eligibility Criteria for
Recipients of Foreign Assistance
I. Grants and Cooperative Agreements to Foreign Non-Governmental
Organizations
(1) The recipient agrees that it will not, during the term of
this award, promote gender ideology outside the United States
(including its territories and possessions) or provide financial
support to any other foreign NGO or IO that conducts such
activities.
(2) The recipient agrees that authorized representatives of the
U.S. Government may, at any reasonable time, announced or
unannounced, consistent with Part 200 of Title 2 of the Code of
Federal Regulations (CFR): (i) inspect the documents, trainings, and
materials maintained or prepared by the recipient in the usual or
required course of its operations that describe the priorities and
activities of the recipient, including reports, brochures and
service statistics; (ii) observe the activities conducted by the
recipient, (iii) consult with personnel of the recipient and those
who receive the services of the recipient; and, (iv) obtain a copy
of audited financial statements or reports of the recipient, as
applicable. Interaction with service recipients will comply with all
applicable rules and regulations regarding privacy.
(3) In the event authorized representatives of the U.S.
Government have reasonable cause to believe that the recipient may
have violated any undertaking required by these Requirements and
Eligibility Criteria, the recipient must make available to the
Department of State such books and records and other information as
the Department of State may reasonably request to determine whether
a violation of that undertaking has occurred, consistent with Part
200 of Title 2 of the CFR.
(4) The U.S. Government shall terminate foreign assistance
furnished to the recipient under this award if the recipient
violates any undertaking required by this award term, unless the
Department of State determines, consistent with Sec. 200.339 of
Title 2 of the CFR, that other corrective action is warranted.
(5) In addition to other remedies available to the U.S.
Government, the recipient's failure to comply with the requirements
of this award term may result in--
(i) Suspension of payments until the sub-recipient has taken
appropriate remedial action; and/or
(ii) Suspension or debarment.
(6) In the event of termination, the recipient must refund to
the Department of State any unexpended amounts furnished to the
recipient under this award, plus an amount equivalent to that used
by the recipient to engage in any activity that violates this award
term while receiving funding under this award. The amount to be
refunded to the Department of State under this subparagraph (6) may
not exceed the total amount of foreign assistance furnished under
this award.
(7) The recipient may not furnish foreign assistance under this
award to any other foreign NGO, IO, or United States NGO (the sub-
recipient), unless the recipient's agreement with the sub-recipient
contains the same terms and conditions as described in sub-paragraph
(8) below.
(8) Prior to entering into an agreement to furnish foreign
assistance to any other foreign NGO, IO, or United States NGO, the
recipient, must ensure that such agreement with the sub-recipient
includes the following terms:
(i) While receiving foreign assistance under this award:
(A) If the sub-recipient is a foreign NGO or IO, the sub-
recipient will not promote gender ideology outside the United States
(including its territories and possessions) or provide financial
support to any other foreign NGO or IO that conducts such
activities.
(B) If the sub-recipient is a United States NGO:
(1) The sub-recipient will not, outside the United States
(including its territories and possessions), provide sex-rejecting
procedures;
(2) The sub-recipient will not, within the scope of any program,
project, or activity for which foreign assistance funds are made
available under this award, promote gender ideology.
Subject to sub-paragraph (8)(i)(B)(1) above, the sub-recipient
is not prohibited from lawfully promoting gender ideology, outside
the scope of a program, project, or activity for which funds are
made available under this award, so long as the sub-recipient uses
funds from sources other than the U.S. Government to do so.
(ii) The sub-recipient agrees that any program, project, or
activity for which funds are made available under this award must be
organized so that the program, project, or activity is physically
and financially separate from the activities described in sub-
paragraph (8)(i)(B)(2) above (``prohibited activities''), such that
there is an objective integrity and independence from such
activities. Mere bookkeeping separation of funds under the award
from other monies is not sufficient. Whether such objective
integrity and independence exist will be determined based on a
review of facts and circumstances, including:
(i) The existence of separate, accurate accounting records;
(ii) The degree of separation from facilities (e.g., treatment,
consultation, examination and waiting rooms, office entrances and
exits, and educational services) in which the prohibited activities
occurs and the extent of such prohibited activities;
(iii) The existence of separate personnel, electronic or paper-
based health care records (if applicable), and workstations; and
(iv) The extent to which signs and other forms of identification
are present, and signs and material that refer to, promote, or
constitute, prohibited activities, are absent.
(iii) The recipient and authorized representatives of the U.S.
Government may, at any reasonable time, announced or unannounced,
consistent with Part 200 of Title 2 of the CFR: (I) inspect the
documents, trainings, and materials maintained or prepared by the
sub-recipient in the usual or required course of its operations that
describe the activities of the sub-recipient, including reports,
brochures and service statistics; (II) observe activities conducted
by the sub-recipient; (III) consult with personnel of the sub-
recipient and those who receive the services of the sub-recipient;
and, (IV) obtain a copy of audited financial statements or reports
of the sub-recipient, as applicable.
(iv) In the event that the recipient or an authorized
representative of the U.S. Government has reasonable cause to
believe that a sub-recipient may have violated any of its
undertakings under this award term, the recipient will review the
foreign assistance program of the sub-recipient to determine whether
a violation of such undertaking has occurred. The sub-recipient must
make available to the recipient such books and records and other
information as may be reasonably requested to conduct the review.
Authorized representatives of the U.S. Government may review the
foreign assistance program of the sub-recipient under these
circumstances, and the sub-recipient must provide access on a timely
basis to such authorized representatives to such books and records
and other information upon request, consistent with Part 200 of
Title 2 of the CFR.
(v) The U.S. Government shall terminate foreign assistance
provided to the sub-recipient under this award if the sub-recipient
violates any award terms under sub-paragraphs (8)(i)-(iv) above,
unless the Department of State determines, consistent with Sec.
200.339 of Title 2 of the CFR, that other corrective action is
warranted.
(vi) In addition to other remedies available to the U.S.
Government, the sub-recipient's failure to comply with the
requirements of this award term may result in--
(A) Suspension of payments until the sub-recipient has taken
appropriate remedial action; and/or
(B) Suspension or debarment.
(vii) In the event of termination, the sub-recipient must refund
to the recipient any unexpended amounts furnished to the sub-
recipient under this award, plus an amount equivalent to that used
by the sub-recipient for activities prohibited under the terms of
this award, up to the total amount of foreign assistance furnished
to the sub-recipient under this award. Where the Department of State
is not otherwise engaged in the determination to terminate a sub-
recipient's award, the recipient must notify the Department of State
of any action taken for a violation of any undertaking required
under sub-paragraphs (8)(i)-(iii) above.
(viii) The sub-recipient may furnish foreign assistance under
this award to any foreign NGO, IO, or U.S. NGO (the sub-recipient),
only if the sub-recipient's agreement with the sub-sub-recipient
contains the same terms and conditions as those provided by the
recipient to the sub-recipient as described in sub-paragraphs
(8)(i)-(iv) above.
(9) Where the terms and conditions of the award require the
approval of sub-awards by the Department of State, the recipient
must, consistent with Part 200 of Title 2 of the CFR, include a
description of the due diligence performed by the recipient on the
sub-recipient before furnishing foreign assistance under this award.
(10) The recipient is liable to the U.S. Government for a refund
for a violation by the sub-recipient of any requirement of this
[[Page 3342]]
award provision only if: (i) the recipient furnishes foreign
assistance under this award to a subrecipient knowing that the
subrecipient is in likely violation of the applicable award terms of
this award provision; (ii) the sub-recipient did not abide by the
award terms required by subparagraphs (8)(i)-(iii) above, and the
recipient failed to make reasonable due diligence efforts prior to
furnishing foreign assistance to the sub-recipient; or, (iii) the
recipient knows or has reason to know, by virtue of the monitoring
that the recipient is required to perform under the terms of this
award, that a sub-recipient has violated any of the award terms
required by sub-paragraphs (8)(i)-(iii) above, and the recipient
fails to terminate foreign assistance to the sub-recipient, or fails
to require the sub-recipient to terminate foreign assistance
furnished under a sub-award that violates any award terms required
by sub-paragraphs (8)(i)-(iii), above, or fails to take other
appropriate corrective action consistent with sub-paragraph (8)(iv)
above.
(11) Recipient acknowledges that authorized representatives of
the U.S. Government may make independent inquiries in the community
served by the recipient or a sub-recipient under this award
regarding whether it is in compliance with the award terms required
by sub-paragraphs (8)(i)-(iii) above. Interaction with service
recipients will comply with all applicable rules and regulations
regarding privacy.
II. Grants and Cooperative Agreements With U.S. Nongovernmental
Organizations
(1) The recipient agrees that it will not, during the term of
this award, outside the United States (including its territories and
possessions), provide sex-rejecting procedures.
(2) The recipient agrees that, within the scope of any program,
project, or activity for which foreign assistance funds are made
available under this award it will not promote gender ideology.
Subject to sub-paragraph (1), the recipient is not prohibited
from promoting gender ideology outside the scope of a program,
project, or activity for which funds are made available under this
award, so long as the recipient uses funds from sources other than
the U.S. Government to do so.
(3) The recipient agrees that any program, project, or activity
for which funds are made available under this award must be
organized so that the program, project, or activity is physically
and financially separate from activities prohibited by sub-paragraph
(2) above (``prohibited activities''), such that there is an
objective integrity and independence from such activities. Mere
bookkeeping separation of funds under the award from other monies is
not sufficient. Whether such objective integrity and independence
exist will be determined based on a review of facts and
circumstances, including:
(i) The existence of separate, accurate accounting records;
(ii) The degree of separation from facilities (e.g., treatment,
consultation, examination and waiting rooms, office entrances and
exits, and educational services) in which the prohibited activities
occur and the extent of such prohibited activities;
(iii) The existence of separate personnel, electronic or paper-
based health care records (if applicable), and workstations; and
(iv) The extent to which signs and other forms of identification
are present, and signs and material that refer to, promote, or
constitute, prohibited activities, are absent.
(4) The recipient agrees that authorized representatives of the
U.S. Government may, at any reasonable time, announced or
unannounced, consistent with Part 200 of Title 2 of the Code of
Federal Regulations (CFR): (i) inspect the documents, trainings, and
materials maintained or prepared by the recipient in the usual or
required course of its operations that describe the priorities and
activities of the recipient, including reports, brochures and
service statistics; (ii) observe the activities conducted by the
recipient, (iii) consult with personnel of the recipient and those
who receive the services of the recipient; and, (iv) obtain a copy
of audited financial statements or reports of the recipient, as
applicable.
(5) In the event an authorized representative of the U.S.
Government has reasonable cause to believe that the recipient may
have violated any of its undertakings under this award term, the
recipient must make available to such authorized representative such
books and records and other information as the authorized
representative may reasonably request to determine whether a
violation of that undertaking has occurred, consistent with Part 200
of Title 2 of the CFR.
(6) U.S. foreign assistance furnished to the recipient under
this award must be terminated if the recipient violates any
undertaking required by this award term, unless the Department of
State determines, consistent with Sec. 200.339 of Title 2 of the
CFR, that other corrective action is warranted.
(7) In addition to other remedies available to the U.S.
Government, the recipient's failure to comply with the requirements
of this award provision may result in--
(i) Suspension of payments until the recipient has taken
appropriate remedial action; and/or
(ii) Suspension or debarment.
(8) In the event of termination, the recipient must refund to
the Department of State any unexpended amounts furnished to the
recipient under this award, plus an amount equivalent to that used
by the recipient to engage in activities prohibited under the terms
of this award while receiving funding under this award. The amount
to be refunded to the Department of State under this sub-paragraph
(8) may not exceed the total amount of foreign assistance furnished
under this award.
(9) The recipient agrees that it will not furnish foreign
assistance under this award to any other foreign NGO, IO, or United
States non-governmental organization (NGO) (the sub-recipient),
unless the recipient's agreement with the sub-recipient contains the
same terms and conditions as described in sub-paragraph (10), below.
(10) Prior to entering into an agreement to furnish foreign
assistance to a foreign NGO, IO, or United States NGO (the sub-
recipient) under this award, the recipient must ensure that such
agreement with the sub-recipient includes the following terms:
(i) While receiving foreign assistance under this award:
(A) If the sub-recipient is a foreign NGO or IO, the sub-
recipient will not promote gender ideology outside the United States
(including its territories and possessions) or provide financial
support to any other foreign NGO or IO that conducts such
activities.
(B) If the sub-recipient is a United States NGO:
(1) the sub-recipient will not, outside the United States
(including its territories and possessions) provide sex-rejecting
procedures, and
(2) the sub-recipient will not, within the scope of any program,
project, or activity for which foreign assistance funds are made
available under this award, promote gender ideology.
Subject to sub-paragraph (10)(i)(B)(1) above, the sub-recipient
is not prohibited from lawfully promoting gender ideology outside
the scope of a program, project, or activity for which funds are
made available under this award, so long as the sub-recipient uses
funds from sources other than the U.S. Government to do so.
(3) The sub-recipient agrees that any program, project, or
activity for which funds are made available under this award must be
organized so that the program, project, or activity is physically
and financially separate from activities described in sub-paragraph
(10)(i)(B)(2) above (``prohibited activities''), such that there is
an objective integrity and independence from such activities. Mere
bookkeeping separation of funds under the award from other monies is
not sufficient. Whether such objective integrity and independence
exist will be determined based on a review of facts and
circumstances, including:
(i) The existence of separate, accurate accounting records;
(ii) The degree of separation from facilities (e.g., treatment,
consultation, examination and waiting rooms, office entrances and
exits, and educational services) in which the prohibited activities
occur and the extent of such prohibited activities;
(iii) The existence of separate personnel, electronic or paper-
based health care records (if applicable), and workstations; and
(iv) The extent to which signs and other forms of identification
are present, and signs and material that refer to, promote, or
constitute, prohibited activities, are absent.
(ii) The recipient and authorized representatives of the U.S.
Government may, at any reasonable time, announced or unannounced,
consistent with Part 200 of Title 2 of the CFR: (I) inspect the
documents, trainings, and materials maintained or prepared by the
sub-recipient in the usual or required course of its operations that
describe the priorities and activities of the sub-recipient,
including reports, brochures and service statistics; (II) observe
the activities conducted by the sub-recipient; (III) consult with
personnel of the sub-recipient and those who receive the services of
the sub-recipient; and, (IV) obtain a copy of audited financial
[[Page 3343]]
statements or reports of the sub-recipient, as applicable.
(iii) In the event that the recipient or an authorized
representative of the U.S. Government has reasonable cause to
believe that a sub-recipient may have violated any of its
undertakings under this award term, the recipient will review the
foreign assistance program of the sub-recipient to determine whether
a violation of such undertaking has occurred. The sub-recipient must
make available to the recipient such books and records and other
information as may be reasonably requested to conduct the review.
Authorized representatives of the U.S. Government may review the
foreign assistance program of the sub-recipient under these
circumstances, and the sub-recipient must provide access to such
authorized representatives on a timely basis to such books and
records and other information upon request, consistent with Part 200
of Title 2 of the CFR.
(iv) The U.S. Government shall terminate foreign assistance
provided to the sub-recipient under this award if the sub-recipient
violates any award terms required by subparagraphs (10)(i)-(iii)
above, unless the Department of State determines, consistent with
Sec. 200.339 of Title 2 of the CFR, that other corrective action is
warranted.
(v) In addition to other remedies available to the U.S.
Government, the sub-recipient's failure to comply with the
requirements of this award provision may result in--
(A) Suspension of payments until the sub-recipient has taken
appropriate remedial action; and/or
(B) Suspension or debarment.
(vi) In the event of termination, the sub-recipient must refund
to the recipient any unexpended amounts furnished to the sub-
recipient under this award, plus an amount equivalent to that used
by the sub-recipient for activities prohibited under the terms of
this award, up to the total amount of foreign assistance furnished
to the sub-recipient under this award. Where the Department of State
is not otherwise engaged in the determination to terminate a
recipient's sub-award, the recipient must notify the Department of
State of any action taken for a violation of any undertaking
required under subparagraphs (10)(i)-(iii) above; and
(vii) The sub-recipient may furnish foreign assistance under
this award to a foreign NGO, IO, or United States NGO (the sub-sub-
recipient), only if the sub-recipient's sub-agreement with the sub-
sub-recipient contains the same terms and conditions as those
provided by the recipient to the sub-recipient as described in sub-
paragraphs (10)(i)-(iv) above.
(11) Where the terms and conditions of the award require the
approval of subawards by the Department of State, the recipient
must, consistent with Part 200 of Title 2 of the CFR, include a
description of the due diligence performed by the recipient on the
sub-recipient before furnishing foreign assistance under this award.
(12) The recipient is liable to the Department of State for a
refund for a violation by the sub-recipient of any requirement of
this award term only if: (i) the recipient knowingly furnishes
foreign assistance under this award to a sub-recipient, knowing that
the subrecipient is in violation of the applicable award terms of
this award term; or, (ii) the sub-recipient did not abide by its
award terms required by subparagraphs (10)(i)-(iii) above, and the
recipient failed to make reasonable due diligence efforts prior to
furnishing foreign assistance to the sub-recipient; or, (iii) the
recipient knows, or has reason to know, by virtue of the monitoring
that the recipient is required to perform under the terms of this
award, that a sub-recipient has violated any of the award terms
required by subparagraphs (10)(i)-(iii) above, and the recipient
fails to terminate foreign assistance to the sub-recipient, or fails
to require the sub-recipient to terminate assistance furnished under
a sub-award that violates any award terms required by subparagraphs
(10)(i)-(iii) above, or fails to take other appropriate corrective
action consistent with subparagraph (10)(iv) above.
(13) Recipient acknowledges that authorized representatives of
the U.S. Government may make independent inquiries in the community
served by a sub-recipient under this award regarding whether such
sub-recipient is in compliance with its award terms required by
subparagraphs (10)(i)-(iii) above. Interaction with service
recipients will comply with all applicable rules and regulations
regarding privacy.
III. Grants and Cooperative Agreements With Foreign Governments and
Parastatals
(1) The recipient agrees that foreign assistance funds it
receives under this award will not be used to promote gender
ideology.
(2) The recipient agrees that if it engages in any activity
described in sub-paragraph (1) using funds from sources other than
the U.S. Government, any foreign assistance funds under this award
must be placed in a segregated account to ensure that such funds may
not be used to support such activity of the government or
parastatal. The recipient agrees that authorized representatives of
the U.S. Government may, at any reasonable time, announced or
unannounced, consistent with Part 200 of Title 2 of the Code of
Federal Regulations (CFR): (i) inspect the documents, trainings, and
materials maintained or prepared by the recipient in the usual or
required course of its operations that describe the priorities and
activities of the recipient, including reports, brochures and
service statistics; (ii) observe the activities conducted by the
recipient, (iii) consult with personnel of the recipient and those
who receive the services of the recipient; and, (iv) obtain a copy
of audited financial statements or reports of the recipient, as
applicable.
(3) In the event an authorized representative of the U.S.
Government has reasonable cause to believe that the recipient may
have violated any of its undertakings under this award term, the
recipient must make available to such authorized representative such
books and records and other information as the authorized
representative may reasonably request to determine whether a
violation of that undertaking has occurred, consistent with Part 200
of Title 2 of the CFR.
(4) U.S. foreign assistance furnished to the recipient under
this award must be terminated if the recipient violates any
undertaking required by this award term, unless the Department of
State determines, consistent with Sec. 200.339 of Title 2 of the
CFR, that other corrective action is warranted.
(5) In addition to other remedies available to the U.S.
Government, the recipient's failure to comply with the requirements
of this award provision may result in--
(i) Suspension of payments until the recipient has taken
appropriate remedial action; and/or
(ii) Suspension or debarment.
(6) In the event of termination, the recipient must refund to
the Department of State any unexpended amounts furnished to the
recipient under this award, plus an amount equivalent to that used
by the recipient to engage in activities prohibited under the terms
of this award while receiving funding under this award. The amount
to be refunded to the Department of State under this subparagraph
(5) may not exceed the total amount of foreign assistance furnished
under this award. The recipient agrees that it will not furnish
foreign assistance under this award to any foreign non-governmental
organization (NGO) or international organization (IO), any United
States NGO, or any foreign government (the sub-recipient), unless
the recipient's agreement with the sub-recipient contains the same
terms and conditions as described in sub-paragraph (7), below.
(7) Prior to entering into an agreement to furnish foreign
assistance to a foreign NGO, IO, or United States NGO (the sub-
recipient) under this award, the recipient must ensure that such
agreement with the sub-recipient includes the following terms:
(i) While receiving foreign assistance under this award:
(A) If the sub-recipient is a foreign NGO or IO, the sub-
recipient will not promote gender ideology outside the United States
(including its territories and possessions) or provide financial
support to any other foreign NGO or IO that conducts such
activities.
(B) If the sub-recipient is a United States NGO:
(1) The sub-recipient will not, outside the United States
(including its territories and possessions), provide sex-rejecting
procedures.
(2) The sub-recipient will not, within the scope of any program,
project, or activity for which foreign assistance funds are made
available under this award, promote gender ideology.
Subject to sub-paragraph (7)(i)(B)(1) above, the sub-recipient
is not prohibited from lawfully promoting gender ideology outside
the scope of a program, project, or activity for which funds are
made available under this award, so long as the sub-recipient uses
funds from sources other than the U.S. Government to do so.
(3) The sub-recipient agrees that any program, project, or
activity for which funds are made available under this award must be
organized so that the program, project, or activity is physically
and financially separate from activities described in sub-paragraph
[[Page 3344]]
(7)(i)(B)(2) above (``prohibited activities''), such that there is
an objective integrity and independence from such activities. Mere
bookkeeping separation of funds under the award from other monies is
not sufficient. Whether such objective integrity and independence
exist will be determined based on a review of facts and
circumstances, including:
(i) The existence of separate, accurate accounting records;
(ii) The degree of separation from facilities (e.g., treatment,
consultation, examination and waiting rooms, office entrances and
exits, and educational services) in which the prohibited activity
occurs and the extent of such prohibited activities;
(iii) The existence of separate personnel, electronic or paper-
based health care records (if applicable), and workstations; and
(iv) The extent to which signs and other forms of identification
are present, and signs and material that refer to, promote, or
constitute, prohibited activities, are absent.
(ii) The recipient and authorized representatives of the U.S.
Government may, at any reasonable time, announced or unannounced,
consistent with Part 200 of Title 2 of the CFR: (I) inspect the
documents, trainings, and materials maintained or prepared by the
sub-recipient in the usual or required course of its operations that
describe the priorities and activities of the sub-recipient,
including reports, brochures and service statistics; (II) observe
the activities conducted by the sub-recipient; (III) consult with
personnel of the sub-recipient and those who receive the services of
the sub-recipient; and, (IV) obtain a copy of audited financial
statements or reports of the sub-recipient, as applicable.
(iii) In the event that the recipient or an authorized
representative of the U.S. Government has reasonable cause to
believe that a sub-recipient may have violated any of its
undertakings under this award term, the recipient will review the
foreign assistance program of the sub-recipient to determine whether
a violation of such undertaking has occurred. The sub-recipient must
make available to the recipient such books and records and other
information as may be reasonably requested to conduct the review.
Authorized representatives of the U.S. Government may review the
foreign assistance program of the sub-recipient under these
circumstances, and the sub-recipient must provide access to such
authorized representatives on a timely basis to such books and
records and other information upon request, consistent with Part 200
of Title 2 of the CFR.
(iv) The U.S. Government shall terminate foreign assistance
provided to the sub-recipient under this award if the sub-recipient
violates any award terms required by subparagraphs (7)(i)-(iii)
above, unless the Department of State determines, consistent with
Sec. 200.339 of Title 2 of the CFR, that other corrective action is
warranted.
(v) In addition to other remedies available to the U.S.
Government, the sub-recipient's failure to comply with the
requirements of this award provision may result in--
(A) Suspension of payments until the sub-recipient has taken
appropriate remedial action; and/or
(B) Suspension or debarment.
(vi) In the event of termination, the sub-recipient must refund
to the recipient any unexpended amounts furnished to the sub-
recipient under this award, plus an amount equivalent to that used
by the sub-recipient for activities prohibited under the terms of
this award, up to the total amount of foreign assistance furnished
to the sub-recipient under this award. Where the Department of State
is not otherwise engaged in the determination to terminate a
recipient's sub-award, the recipient must notify the Department of
State of any action taken for a violation of any undertaking
required under subparagraphs (7)(i)-(iii) above.
(vii) The sub-recipient may furnish foreign assistance under
this award to a foreign NGO, IO, or United States NGO (the sub-sub-
recipient), only if the sub-recipient's sub-agreement with the sub-
sub-recipient contains the same terms and conditions as those
provided by the recipient to the sub-recipient as described in sub-
paragraphs (7)(i)-(iv) above.
(8) Where the terms and conditions of the award require the
approval of subawards by the Department of State, the recipient
must, consistent with Part 200 of Title 2 of the CFR, include a
description of the due diligence performed by the recipient on the
sub-recipient before furnishing foreign assistance under this award.
(9) The recipient is liable to the Department of State for a
refund for a violation by the sub-recipient of any requirement of
this award term only if: (i) the recipient knowingly furnishes
foreign assistance under this award to a sub-recipient that is a
foreign NGO or IO, or to a United States NGO, knowing that the
subrecipient is in violation of the applicable award terms of this
award term; or, (ii) the sub-recipient did not abide by its award
terms required by subparagraphs (7)(i)-(iii) above, and the
recipient failed to make reasonable due diligence efforts prior to
furnishing foreign assistance to the sub-recipient; or, (iii) the
recipient knows, or has reason to know, by virtue of the monitoring
that the recipient is required to perform under the terms of this
award, that a sub-recipient has violated any of the award terms
required by subparagraphs (7)(i)-(iii) above, and the recipient
fails to terminate foreign assistance to the sub-recipient, or fails
to require the sub-recipient to terminate assistance furnished under
a sub-award that violates any award terms required by subparagraphs
(7)(i)-(iii) above, or fails to take other appropriate corrective
action consistent with subparagraph (7)(iv) above.
(10) Recipient acknowledges that authorized representatives of
the U.S. Government may make independent inquiries in the community
served by a sub-recipient under this award regarding whether such
sub-recipient is in compliance with its award terms required by
subparagraphs (7)(i)-(iii) above. Interaction with service
recipients will comply with all applicable rules and regulations
regarding privacy.
IV. Grants, Cooperative Agreements, and Voluntary Contributions to
International Organizations
(1) The recipient agrees that it will not, during the term of
this award, promote gender ideology outside the United States
(including its territories and possessions) or provide financial
support to any other foreign NGO or IO that conducts such
activities.
(2) The recipient agrees that authorized representatives of the
U.S. Government may, at any reasonable time, announced or
unannounced, consistent with Part 200 of Title 2 of the Code of
Federal Regulations (CFR): (i) inspect the documents, trainings, and
materials maintained or prepared by the recipient in the usual or
required course of its operations that describe the priorities and
activities of the recipient, including reports, brochures and
service statistics; (ii) observe the activities conducted by the
recipient, (iii) consult with personnel of the recipient and those
who receive the services of the recipient; and, (iv) obtain a copy
of audited financial statements or reports of the recipient, as
applicable. Interaction with service recipients will comply with all
applicable rules and regulations regarding privacy.
(3) In the event authorized representatives of the U.S.
Government have reasonable cause to believe that the recipient may
have violated any undertaking required by this award term, the
recipient must make available to the Department of State such books
and records and other information as the Department of State may
reasonably request to determine whether a violation of that
undertaking has occurred, consistent with Part 200 of Title 2 of the
CFR. In such an event, during the process of investigating any
suspected violation, the Department of State may additionally
suspend or withhold some or all payments of foreign assistance to
the recipient.
(4) The U.S. Government shall terminate foreign assistance
furnished to the recipient under this award if the recipient
violates any undertaking required by this award term, unless the
Department of State determines, consistent with Sec. 200.339 of
Title 2 of the CFR, that other corrective action is warranted.
(5) In the event of termination, the recipient must refund to
the Department of State any unexpended amounts furnished to the
recipient under this award, plus an amount equivalent to that used
by the recipient to engage in any activity that violates this award
term while receiving funding under this award. The amount to be
refunded to the Department of State under this subparagraph (5) may
not exceed the total amount of foreign assistance furnished under
this award.
(6) The recipient may not furnish foreign assistance under this
award to any other foreign NGO, IO, or United States NGO (the sub-
recipient), unless the recipient's agreement with the sub-recipient
contains the same terms and conditions as described in sub-paragraph
(7) below.
(7) Prior to entering into an agreement to furnish foreign
assistance to any other foreign NGO, IO, or United States NGO, the
recipient, consistent with Part 200 of Title 2
[[Page 3345]]
of the CFR, must ensure that such agreement with the sub-recipient
includes the following terms:
(i) While receiving foreign assistance under this award:
(A) If the sub-recipient is a foreign NGO or IO, the sub-
recipient will not promote gender ideology outside the United States
(including its territories and possessions) or provide financial
support to any other foreign NGO or IO that conducts such
activities.
(B) If the sub-recipient is a United States NGO:
(1) The sub-recipient will not, outside the United States
(including its territories and possessions) provide sex-rejecting
procedures.
(2) The sub-recipient will not, within the scope of any program,
project, or activity for which foreign assistance funds are made
available under this award, promote gender ideology.
Subject to sub-paragraph (7)(i)(B)(1) above, the sub-recipient
is not prohibited from lawfully promoting gender ideology outside
the scope of a program, project, or activity for which funds are
made available under this award, so long as the sub-recipient uses
funds from sources other than the U.S. Government to do so.
(3) The sub-recipient agrees that any program, project, or
activity for which funds are made available under this award must be
organized so that the program, project, or activity is physically
and financially separate from the activities described in sub-
paragraph (7)(i)(B)(2) above (``prohibited activities''), such that
there is an objective integrity and independence from such
activities. Mere bookkeeping separation of funds under the award
from other monies is not sufficient. Whether such objective
integrity and independence exist will be determined based on a
review of facts and circumstances, including:
(i) The existence of separate, accurate accounting records;
(ii) The degree of separation from facilities (e.g., treatment,
consultation, examination and waiting rooms, office entrances and
exits, and educational services) in which the prohibited activities
occurs and the extent of such prohibited activities;
(iii) The existence of separate personnel, electronic or paper-
based health care records (if applicable), and workstations; and
(iv) The extent to which signs and other forms of identification
are present, and signs and material that refer to, promote, or
constitute, prohibited activities, are absent. (ii) The recipient
and authorized representatives of the U.S. Government may, at any
reasonable time, announced or unannounced, consistent with Part 200
of Title 2 of the CFR: (I) inspect the documents, trainings, and
materials maintained or prepared by the sub-recipient in the usual
or required course of its operations that describe the activities of
the sub-recipient, including reports, brochures and service
statistics; (II) observe activities conducted by the sub-recipient;
(III) consult with personnel of the sub-recipient and those who
receive the services of the sub-recipient; and, (IV) obtain a copy
of audited financial statements or reports of the sub-recipient, as
applicable.
(iii) In the event that the recipient or an authorized
representative of the U.S. Government has reasonable cause to
believe that a sub-recipient may have violated any of its
undertakings under this award term, the recipient will review the
foreign assistance program of the sub-recipient to determine whether
a violation of such undertaking has occurred. The sub-recipient must
make available to the recipient such books and records and other
information as may be reasonably requested to conduct the review.
Authorized representatives of the U.S. Government may review the
foreign assistance program of the sub-recipient under these
circumstances, and the sub-recipient must provide access on a timely
basis to such authorized representatives to such books and records
and other information upon request, consistent with Part 200 of
Title 2 of the CFR. In such an event, during the process of
investigating any suspected violation, the Department of State may
additionally order the recipient to suspend or withhold some or all
payments of foreign assistance to the sub-recipient.
(iv) The U.S. Government shall terminate foreign assistance
provided to the sub-recipient under this award if the sub-recipient
violates any award terms under sub-paragraphs (7)(i)-(iii) above,
unless the Department of State determines, consistent with Sec.
200.339 of Title 2 of the CFR, that other corrective action is
warranted.
(v) In addition to other remedies available to the U.S.
Government, the sub-recipient's failure to comply with the
requirements of this award provision may result in--
(A) Suspension of payments until the sub-recipient has taken
appropriate remedial action; and/or
(B) Suspension or debarment.
(vi) In the event of termination, the sub-recipient must refund
to the recipient any unexpended amounts furnished to the sub-
recipient under this award, plus an amount equivalent to that used
by the sub-recipient for activities prohibited under the terms of
this award, up to the total amount of foreign assistance furnished
to the sub-recipient under this award. Where the Department of State
is not otherwise engaged in the determination to terminate a sub-
recipient's award, the recipient must notify the Department of State
of any action taken for a violation of any undertaking required
under sub-paragraphs (7)(i)-(iii) above.
(vii) The sub-recipient may furnish foreign assistance under
this award to any foreign NGO, IO, or U.S. NGO, only if the sub-
recipient's agreement with the sub-sub-recipient contains the same
terms and conditions as those provided by the recipient to the sub-
recipient as described in sub-paragraphs (7)(i)-(iv) above.
(8) Where the terms and conditions of the award require the
approval of sub-awards by the Department of State, the recipient
must, consistent with Part 200 of Title 2 of the CFR, include a
description of the due diligence performed by the recipient on the
sub-recipient before furnishing foreign assistance under this award.
(9) The recipient is liable to the U.S. Government for a refund
for a violation by the sub-recipient of any requirement of this
award term only if: (i) the recipient furnishes foreign assistance
under this award to a subrecipient knowing that the subrecipient is
in likely violation of the applicable award terms of this award
term; (ii) the sub-recipient did not abide by the award terms
required by sub-paragraphs (7)(i)-(iii) above, and the recipient
failed to make reasonable due diligence efforts prior to furnishing
foreign assistance to the sub-recipient; or, (iii) the recipient
knows or has reason to know, by virtue of the monitoring that the
recipient is required to perform under the terms of this award, that
a sub-recipient has violated any of the award terms required by sub-
paragraphs (7)(i)-(iii) above, and the recipient fails to terminate
foreign assistance to the sub-recipient, or fails to require the
sub-recipient to terminate foreign assistance furnished under a sub-
award that violates any award terms required by sub-paragraphs
(7)(i)-(iii), above, or fails to take other appropriate corrective
action consistent with sub-paragraph (7)(iv) above.
(10) Recipient acknowledges that authorized representatives of
the U.S. Government may make independent inquiries in the community
served by the recipient or a sub-recipient under this award
regarding whether it is in compliance with the award terms required
by sub-paragraphs (7)(i)-(iii) above. Interaction with service
recipients will comply with all applicable rules and regulations
regarding privacy.
Christopher T. Landau,
Deputy Secretary of State, U.S. Department of State.
[FR Doc. 2026-01516 Filed 1-23-26; 4:15 pm]
BILLING CODE 4710-10-P
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</html>Indexed from Federal Register on January 27, 2026.
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