I 

113TH CONGRESS 

1ST SESSION H. R. 2738 

To prohibit the application of certain restrictive eligibility requirements to 

foreign nongovernmental organizations with respect to the provision of 

assistance under part I of the Foreign Assistance Act of 1961. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 18, 2013 

Mrs. LOWEY (for herself, Ms. BASS, Mr. BERA of California, Mr. BLUMENAUER, Ms. BONAMICI, Mr. BRALEY of Iowa, Ms. BROWN of Florida, 

Ms. BROWNLEY of California, Mrs. CAPPS, Mr. CAPUANO, Mr. 

CA ́RDENAS, Ms. CHU, Mr. CICILLINE, Ms. CLARKE, Mr. CLAY, Mr. 

CLEAVER, Mr. COHEN, Mr. CONNOLLY, Mr. CONYERS, Mr. CROWLEY, 

Mr. DANNY K. DAVIS of Illinois, Mrs. DAVIS of California, Mr. DEFAZIO, 

Ms. DEGETTE, Ms. DELAURO, Ms. DELBENE, Mr. DEUTCH, Mr. DOGGETT, Ms. DUCKWORTH, Ms. EDWARDS, Mr. ELLISON, Mr. ENGEL, Ms. 

ESHOO, Ms. ESTY, Mr. FARR, Mr. FOSTER, Ms. FRANKEL of Florida, 

Mr. GARAMENDI, Mr. GARCIA, Mr. GRAYSON, Mr. GRIJALVA, Mr. 

GUTIE ́RREZ, Ms. HANABUSA, Mr. HASTINGS of Florida, Mr. HECK of 

Washington, Mr. HIGGINS, Mr. HOLT, Mr. HONDA, Mr. HUFFMAN, Mr. 

ISRAEL, Ms. JACKSON LEE, Mr. JOHNSON of Georgia, Mr. KENNEDY, 

Mr. KILMER, Mrs. KIRKPATRICK, Ms. KUSTER, Mr. LARSEN of Washington, Ms. LEE of California, Mr. LEVIN, Mr. LEWIS, Mr. LOEBSACK, 

Ms. LOFGREN, Mr. LOWENTHAL, Ms. MICHELLE LUJAN GRISHAM of 

New Mexico, Mr. MAFFEI, Mrs. CAROLYN B. MALONEY of New York, 

Mr. SEAN PATRICK MALONEY of New York, Ms. MATSUI, Ms. MCCOLLUM, Mr. MCDERMOTT, Mr. MCGOVERN, Ms. MENG, Mr. GEORGE MILLER of California, Ms. MOORE, Mr. MORAN, Mr. MURPHY of Florida, Mr. 

NADLER, Ms. NORTON, Mr. O’ROURKE, Mr. PALLONE, Mr. PAYNE, Mr. 

PETERS of Michigan, Mr. PETERS of California, Ms. PINGREE of Maine, 

Mr. POCAN, Mr. POLIS, Mr. PRICE of North Carolina, Mr. QUIGLEY, Mr. 

RANGEL, Mr. RUSH, Ms. LINDA T. SA ́NCHEZ of California, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SCHNEIDER, Mr. SCOTT of Virginia, Mr. 

SHERMAN, Ms. SINEMA, Mr. SIRES, Ms. SLAUGHTER, Mr. SMITH of 

Washington, Ms. SPEIER, Mr. SWALWELL of California, Mr. TAKANO, 

Mr. THOMPSON of California, Mr. TIERNEY, Ms. TITUS, Ms. TSONGAS, 

Mr. VAN HOLLEN, Mr. VEASEY, Ms. WASSERMAN SCHULTZ, Ms. 

WATERS, Mr. WAXMAN, Mr. WELCH, Ms. WILSON of Florida, and Mr. 

YARMUTH) introduced the following bill; which was referred to the Committee on Foreign Affairs 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 2738 IH

A BILL 

To prohibit the application of certain restrictive eligibility 

requirements to foreign nongovernmental organizations 

with respect to the provision of assistance under part 

I of the Foreign Assistance Act of 1961. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Global Democracy Pro5 motion Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) It is a fundamental principle of American 

9 medical ethics and practice that health care pro10 viders should, at all times, deal honestly and openly 

11 with patients. Any attempt to subvert the private 

12 and sensitive physician-patient relationship would be 

13 intolerable in the United States and is an unjustifi14 able intrusion into the practices of health care pro15 viders when attempted in other countries. 

16 (2) Freedom of speech is a fundamental Amer17 ican value. The ability to exercise the right to free 

18 speech, which includes the ‘‘right of the people 

19 peaceably to assemble, and to petition the govern20 ment for a redress of grievances’’ is essential to a 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 2738 IH

1 thriving democracy and is protected under the 

2 United States Constitution. 

3 (3) The promotion of democracy is a principal 

4 goal of United States foreign policy and critical to 

5 achieving sustainable development. It is enhanced 

6 through the encouragement of democratic institu7 tions and the promotion of an independent and po8 litically active civil society in developing countries. 

9 (4) Limiting eligibility for United States devel10 opment and humanitarian assistance upon the will11 ingness of a foreign nongovernmental organization 

12 to forgo its right to use its own funds to address, 

13 within the democratic process, a particular issue af14 fecting the citizens of its own country directly under15 mines a key goal of United States foreign policy and 

16 would violate the United States Constitution if ap17 plied to United States-based organizations. 

18 (5) Similarly, limiting the eligibility for United 

19 States assistance on a foreign nongovernmental or20 ganization’s willingness to forgo its right to provide, 

21 with its own funds, medical services that are legal in 

22 its own country and would be legal if provided in the 

23 United States constitutes unjustifiable interference 

24 with the ability of independent organizations to serve 

25 the critical health needs of their fellow citizens and 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 2738 IH

1 demonstrates a disregard and disrespect for the laws 

2 of sovereign nations as well as for the laws of the 

3 United States. 

4 SEC. 3. ASSISTANCE FOR FOREIGN NONGOVERNMENTAL 

5 ORGANIZATIONS UNDER PART I OF THE FOR6 EIGN ASSISTANCE ACT OF 1961. 

7 Notwithstanding any other provision of law, regula8 tion, or policy, in determining eligibility for assistance au9 thorized under part I of the Foreign Assistance Act of 

10 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental 

11 organizations— 

12 (1) shall not be ineligible for such assistance 

13 solely on the basis of health or medical services, in14 cluding counseling and referral services, provided by 

15 such organizations with non-United States Govern16 ment funds if such services do not violate the laws 

17 of the country in which they are being provided and 

18 would not violate United States Federal law if pro19 vided in the United States; and 

20 (2) shall not be subject to requirements relating 

21 to the use of non-United States Government funds 

22 for advocacy and lobbying activities other than those 

23 that apply to United States nongovernmental organiVerDate Mar 15 2010 21:54 Jul 22, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2738.IH H2738

emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 2738 IH

1 zations receiving assistance under part I of such 

2 Act. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS