[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 367 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 367

    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 SENATE OF THE UNITED STATES

                           February 15, 2001

Mrs. Boxer (for herself, Ms. Snowe, Mrs. Clinton, Mr. Chafee, Mr. Reid, 
  Ms. Collins, Mr. Leahy, Mr. Jeffords, Ms. Mikulski, Mrs. Feinstein, 
Mrs. Murray, Mr. Dodd, Mr. Akaka, Mr. Corzine, Mr. Durbin, Mr. Baucus, 
  Mr. Biden, Mr. Feingold, and Mr. Specter) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Global Democracy Promotion Act of 
2001''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) It is a fundamental principle of American medical 
        ethics and practice that health care providers 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 unjustifiable intrusion into the practices of health care 
        providers when attempted in other countries.
            (2) Freedom of speech is a fundamental American value. The 
        ability to exercise the right to free speech, which includes 
        the ``right of the people peaceably to assemble, and to 
        petition the government 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 institutions and the promotion of 
        an independent and politically active civil society in 
        developing countries.
            (4) Limiting eligibility for United States development and 
        humanitarian assistance upon the willingness of a foreign 
        nongovernmental organization to forgo its right to use its own 
        funds to address, within the democratic process, a particular 
        issue affecting the citizens of its own country directly 
        undermines a key goal of United States foreign policy and would 
        violate the United States Constitution if applied to United 
        States-based organizations.
            (5) Similarly, limiting the eligibility for United States 
        assistance on a foreign nongovernmental organization'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 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 FOREIGN ASSISTANCE ACT OF 1961.

    Notwithstanding any other provision of law, regulation, or policy, 
in determining eligibility for assistance authorized 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 including counseling 
        and referral services, provided by such organizations with non-
        United States Government 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 provided 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 that apply to United 
        States nongovernmental organizations receiving assistance under 
        part I of such Act.
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