I 

111TH CONGRESS 

2D SESSION H. R. 4879 

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 

MARCH 18, 2010 

Mrs. LOWEY (for herself, Mrs. CAPPS, Mr. CAPUANO, Mr. ELLISON, Mr. 

ENGEL, Ms. DEGETTE, Mr. FARR, Mr. GRIJALVA, Mr. HONDA, Mr. 

ISRAEL, Ms. LEE of California, Mr. MCGOVERN, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on Foreign Affairs 

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: 


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1 (1) It is a fundamental principle of American 

2 medical ethics and practice that health care pro3 viders should, at all times, deal honestly and openly 

4 with patients. Any attempt to subvert the private 

5 and sensitive physician-patient relationship would be 

6 intolerable in the United States and is an unjustifi7 able intrusion into the practices of health care pro8 viders when attempted in other countries. 

9 (2) Freedom of speech is a fundamental Amer10 ican value. The ability to exercise the right to free 

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

12 peaceably to assemble, and to petition the govern13 ment for a redress of grievances’’ is essential to a 

14 thriving democracy and is protected under the 

15 United States Constitution. 

16 (3) The promotion of democracy is a principal 

17 goal of United States foreign policy and critical to 

18 achieving sustainable development. It is enhanced 

19 through the encouragement of democratic institu20 tions and the promotion of an independent and po21 litically active civil society in developing countries. 

22 (4) Limiting eligibility for United States devel23 opment and humanitarian assistance upon the will24 ingness of a foreign nongovernmental organization 

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


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1 within the democratic process, a particular issue af2 fecting the citizens of its own country directly under3 mines a key goal of United States foreign policy and 

4 would violate the United States Constitution if ap5 plied to United States-based organizations. 

6 (5) Similarly, limiting the eligibility for United 

7 States assistance on a foreign nongovernmental or8 ganization’s willingness to forgo its right to provide, 

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

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

11 United States constitutes unjustifiable interference 

12 with the ability of independent organizations to serve 

13 the critical health needs of their fellow citizens and 

14 demonstrates a disregard and disrespect for the laws 

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

16 United States. 

17 SEC. 3. ASSISTANCE FOR FOREIGN NONGOVERNMENTAL 

18 ORGANIZATIONS UNDER PART I OF THE FOR19 EIGN ASSISTANCE ACT OF 1961. 

20 Notwithstanding any other provision of law, regula21 tion, or policy, in determining eligibility for assistance au22 thorized under part I of the Foreign Assistance Act of 

23 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental 

24 organizations— 


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1 (1) shall not be ineligible for such assistance 

2 solely on the basis of health or medical services in3 cluding counseling and referral services, provided by 

4 such organizations with non-United States Govern5 ment funds if such services do not violate the laws 

6 of the country in which they are being provided and 

7 would not violate United States Federal law if pro8 vided in the United States; and 

9 (2) shall not be subject to requirements relating 

10 to the use of non-United States Government funds 

11 for advocacy and lobbying activities other than those 

12 that apply to United States nongovernmental organi13 zations receiving assistance under part I of such 

14 Act. 

Æ 


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