I 
115TH CONGRESS 
1ST SESSION 
H. R. 671 
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 
JANUARY 24, 2017 
Mrs. LOWEY (for herself, Ms. LEE, Mr. CONNOLLY, Miss RICE of New York, 
Mr. ENGEL, Mr. GRIJALVA, Ms. SLAUGHTER, Mr. HASTINGS, Ms. NOR-
TON, Mrs. NAPOLITANO, Ms. JACKSON LEE, Ms. WASSERMAN SCHULTZ, 
Ms. DELBENE, Ms. MOORE, Mr. CUMMINGS, Mr. COHEN, Mr. 
LOWENTHAL, Mr. ELLISON, Mr. SMITH of Washington, Mr. TED LIEU 
of California, Ms. TITUS, Mr. WELCH, Mr. HECK, Ms. BONAMICI, Ms. 
SCHAKOWSKY, Mr. BLUMENAUER, Ms. MCCOLLUM, Mr. GARAMENDI, Mr. 
BERA, Mr. KILDEE, Mr. MCGOVERN, Ms. SPEIER, Mr. KHANNA, Ms. 
ESHOO, Ms. TSONGAS, Ms. DELAURO, Ms. PINGREE, Mr. CROWLEY, Mr. 
LOEBSACK, Mr. DEUTCH, Mr. KEATING, Mr. RYAN of Ohio, Mr. 
CICILLINE, Ms. SINEMA, Ms. CLARK of Massachusetts, Mrs. CAROLYN B. 
MALONEY of New York, Mr. GUTIE´RREZ, Mr. AGUILAR, Mr. RICHMOND, 
Mr. POCAN, Mrs. LAWRENCE, Mr. AL GREEN of Texas, Mr. FOSTER, Ms. 
BROWNLEY of California, Ms. MATSUI, Ms. KAPTUR, Mr. BEYER, Mr. 
MOULTON, Mr. NADLER, Mrs. WATSON COLEMAN, Ms. DEGETTE, Mr. 
NORCROSS, Mr. DEFAZIO, Mr. PRICE of North Carolina, Mr. CONYERS, 
Ms. WILSON of Florida, Mr. SCHIFF, Ms. VELA´ZQUEZ, Mr. LEVIN, Ms. 
BARRAGA´N, Mr. BRADY of Pennsylvania, Ms. ROYBAL-ALLARD, Mrs. 
DAVIS of California, Ms. MICHELLE LUJAN GRISHAM of New Mexico, Mr. 
CARSON of Indiana, Mr. JOHNSON of Georgia, Ms. FRANKEL of Florida, 
Mr. QUIGLEY, Mr. POLIS, Mr. CA´RDENAS, Mr. THOMPSON of California, 
Mr. TAKANO, Mr. SARBANES, Mr. TONKO, Mr. PANETTA, Ms. EDDIE 
BERNICE JOHNSON of Texas, Mr. SERRANO, Mr. KENNEDY, Mr. SEAN 
PATRICK MALONEY of New York, Mr. RUSH, Mr. YARMUTH, Ms. MENG, 
Ms. SHEA-PORTER, Mr. PETERS, Mr. HUFFMAN, Mr. HIGGINS of New 
York, Ms. ESTY, Mrs. TORRES, Mr. RUIZ, Ms. JAYAPAL, Mr. 
DESAULNIER, Ms. HANABUSA, Mr. WALZ, Mr. SCOTT of Virginia, Mrs. 
DINGELL, Mr. DANNY K. DAVIS of Illinois, Mr. CLEAVER, Mr. SCHNEI-
DER, Mr. DAVID SCOTT of Georgia, Ms. JUDY CHU of California, Ms. 
KUSTER of New Hampshire, Ms. SA´NCHEZ, Mr. SOTO, Mr. VEASEY, Mr. 
EVANS, Ms. CLARKE of New York, Ms. LOFGREN, Mr. MICHAEL F. 
DOYLE of Pennsylvania, Mr. KIHUEN, Mr. RASKIN, Mr. SCHRADER, Ms. 
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BASS, Mr. SHERMAN, Mr. COURTNEY, Ms. FUDGE, Mrs. DEMINGS, Ms. 
KELLY of Illinois, Mr. HIMES, and Mrs. BEATTY) introduced the fol-
lowing 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Global Health, Em-
powerment, and Rights Act’’ or the ‘‘HER Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) It is a fundamental principle of American 
medical ethics and practice that health care pro-
viders should, at all times, deal honestly and openly 
with patients. Any attempt to subvert the private 
and sensitive physician-patient relationship would be 
intolerable in the United States and is an unjustifi-
able intrusion into the practices of health care pro-
viders when attempted in other countries. 
(2) Freedom of speech is a fundamental Amer-
ican value. The ability to exercise the right to free 
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speech, which includes the ‘‘right of the people 
peaceably to assemble, and to petition the govern-
ment for a redress of grievances’’ is essential to a 
thriving democracy and is protected under the 
United States Constitution. 
(3) The promotion of democracy is a principal 
goal of United States foreign policy and critical to 
achieving sustainable development. It is enhanced 
through the encouragement of democratic institu-
tions and the promotion of an independent and po-
litically active civil society in developing countries. 
(4) Limiting eligibility for United States devel-
opment and humanitarian assistance upon the will-
ingness of a foreign nongovernmental organization 
to forgo its right to use its own funds to address, 
within the democratic process, a particular issue af-
fecting the citizens of its own country directly under-
mines a key goal of United States foreign policy and 
would violate the United States Constitution if ap-
plied to United States-based organizations. 
(5) Similarly, limiting the eligibility for United 
States assistance on a foreign nongovernmental or-
ganization’s willingness to forgo its right to provide, 
with its own funds, medical services that are legal in 
its own country and would be legal if provided in the 
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United States constitutes unjustifiable interference 
with the ability of independent organizations to serve 
the critical health needs of their fellow citizens and 
demonstrates a disregard and disrespect for the laws 
of sovereign nations as well as for the laws of the 
United States. 
SEC. 3. ASSISTANCE FOR FOREIGN NONGOVERNMENTAL 
ORGANIZATIONS UNDER PART I OF THE FOR-
EIGN ASSISTANCE ACT OF 1961. 
Notwithstanding any other provision of law, regula-
tion, or policy, in determining eligibility for assistance au-
thorized under part I of the Foreign Assistance Act of 
1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental 
organizations— 
(1) shall not be ineligible for such assistance 
solely on the basis of health or medical services, in-
cluding counseling and referral services, provided by 
such organizations with non-United States Govern-
ment funds if such services do not violate the laws 
of the country in which they are being provided and 
would not violate United States Federal law if pro-
vided in the United States; and 
(2) shall not be subject to requirements relating 
to the use of non-United States Government funds 
for advocacy and lobbying activities other than those 
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