Reproductive Rights are Human Rights Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3576 To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 28, 2021 Ms. CLARK of Massachusetts (for herself, Mr. MEEKS, Ms. LEE of California, Ms. MENG, Ms. LOIS FRANKEL of Florida, Mrs. TORRES of California, Ms. JACOBS of California, Mr. AGUILAR, Mr. AUCHINCLOSS, Ms. BARRAGA´N, Ms. BASS, Mrs. BEATTY, Mr. BERA, Mr. BEYER, Mr. BLU- MENAUER, Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BOWMAN, Mr. BROWN, Ms. BROWNLEY, Ms. BUSH, Mr. CARBAJAL, Mr. CARSON, Mr. CARTWRIGHT, Mr. CASE, Mr. CASTEN, Ms. CHU, Mr. CICILLINE, Ms. CLARKE of New York, Mr. COHEN, Mrs. WATSON COLEMAN, Mr. CON- NOLLY, Mr. COOPER, Mr. COSTA, Mr. CRIST, Mr. DANNY K. DAVIS of Illinois, Ms. DEAN, Mr. DEFAZIO, Ms. DEGETTE, Ms. DELAURO, Ms. DELBENE, Mr. DELGADO, Mr. DESAULNIER, Mr. DEUTCH, Mrs. DIN- GELL, Mr. ESPAILLAT, Mr. EVANS, Mrs. FLETCHER, Mr. FOSTER, Ms. GARCIA of Texas, Mr. GARCI´A of Illinois, Mr. GOMEZ, Mr. GREEN of Texas, Mr. GRIJALVA, Ms. HOULAHAN, Mr. HUFFMAN, Ms. JACKSON LEE, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Mr. JONES, Mr. KEATING, Ms. KELLY of Illinois, Mr. KHANNA, Mr. KILDEE, Mr. KILMER, Mr. KIND, Mrs. KIRKPATRICK, Mr. KRISHNAMOORTHI, Ms. KUSTER, Mrs. LAWRENCE, Mr. LEVIN of Michigan, Mr. LIEU, Mr. LOWENTHAL, Mrs. CAROLYN B. MALONEY of New York, Ms. MATSUI, Mrs. MCBATH, Ms. MCCOLLUM, Mr. MCEACHIN, Mr. MCGOVERN, Ms. MOORE of Wisconsin, Mr. MORELLE, Mr. MOULTON, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEGUSE, Ms. NEWMAN, Ms. NORTON, Ms. OMAR, Mr. PANETTA, Mr. PAPPAS, Mr. PAYNE, Ms. PINGREE, Mr. POCAN, Ms. PRESSLEY, Mr. PRICE of North Carolina, Mr. QUIGLEY, Mr. RASKIN, Miss RICE of New York, Ms. ROSS, Mr. RUPPERSBERGER, Mr. RYAN, Ms. SA´NCHEZ, Mr. SARBANES, Ms. SCANLON, Ms. SCHAKOWSKY, Ms. SCHRIER, Ms. SE- WELL, Mr. SHERMAN, Ms. SHERRILL, Mr. SIRES, Mr. SMITH of Wash- ington, Mr. SOTO, Ms. SPEIER, Ms. STRICKLAND, Mr. SWALWELL, Mr. TAKANO, Ms. TITUS, Ms. TLAIB, Mr. TONKO, Mr. TORRES of New York, Mrs. TRAHAN, Mr. TRONE, Ms. UNDERWOOD, Mr. VARGAS, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Ms. WATERS, Mr. WELCH, Ms. WEXTON, Ms. WILLIAMS of Georgia, Ms. WILSON of Florida, and Mr. VerDate Sep 11 2014 06:36 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3576.IH H3576 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3576 IH YARMUTH) introduced the following bill; which was referred to the Com- mittee on Foreign Affairs A BILL To amend the Foreign Assistance Act of 1961 to require a section on reproductive rights in the Annual Country Reports on Human Rights Practices, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Reproductive Rights 4 are Human Rights Act of 2021’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) The United States has joined the inter- 8 national community in identifying reproductive 9 rights as human rights, including in connection with 10 the 1994 International Conference on Population 11 and Development, the 1995 Beijing World Con- 12 ference on Women, and through its ratification of 13 the International Covenant on Civil and Political 14 Rights, done at New York December 19, 1966 (re- 15 ferred to in this Act as ‘‘ICCPR’’), the International 16 Convention on the Elimination of All Forms of Ra- 17 cial Discrimination, done at New York December 21, 18 VerDate Sep 11 2014 06:36 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3576.IH H3576 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3576 IH 1965, and the Convention against Torture and 1 Other Cruel, Inhuman or Degrading Treatment or 2 Punishment, done at New York December 10, 1984. 3 (2) General comment No. 36 (2018) on article 4 6 of the ICCPR, which was adopted by the Human 5 Rights Committee on October 30, 2018, asserts that 6 States parties— 7 (A) should ensure access for all persons to 8 ‘‘quality and evidence-based information and 9 education about sexual and reproductive health 10 and to a wide range of affordable contraceptive 11 methods’’; 12 (B) ‘‘must provide safe, legal, and effective 13 access to abortion where the life and health of 14 the pregnant woman or girl is at risk, or where 15 carrying a pregnancy to term would cause the 16 pregnant woman or girl substantial pain or suf- 17 fering, most notably where pregnancy is the re- 18 sult of rape or incest or is not viable’’; 19 (C) ‘‘ensure the availability of, and effec- 20 tive access to, quality prenatal and post-abor- 21 tion health care for women and girls’’; and 22 (D) must not impose restrictions on the 23 ability of women or girls to seek abortion in a 24 manner that jeopardizes their lives, subjects 25 VerDate Sep 11 2014 06:36 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3576.IH H3576 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3576 IH them to physical or mental pain or suffering, 1 discriminates against them, arbitrarily inter- 2 feres with their privacy, or places them at risk 3 of undertaking unsafe abortions. 4 (3) Reproductive coercion, which is any behav- 5 ior that interferes with autonomous decision making 6 about reproductive health outcomes, is a violation of 7 human rights. 8 (4) Lesbian, gay, bisexual, transgender, queer, 9 and intersex persons (LGBTQI+) face stigma and 10 discrimination in accessing reproductive health serv- 11 ices, and barriers, including anti-LGBTQI+ laws, 12 policies, and gender norms in countries. The denial 13 of access to sexual and reproductive health care and 14 associated human rights violations due to these bar- 15 riers should be reported in relevant Department of 16 State Annual Country Reports on Human Rights 17 Practices. 18 (5) Human rights are grounded in international 19 standards. The Department of State’s deletion of 20 the reproductive rights subsection from its 2017, 21 2018, and 2019 Country Reports on Human Rights 22 Practices inappropriately politicized human rights of 23 people around the world. 24 VerDate Sep 11 2014 06:36 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3576.IH H3576 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3576 IH (6) Limiting reproductive rights also limits 1 pathways to economic, social, and political empower- 2 ment. Sexual and reproductive health and rights are 3 essential for sustainable economic development, are 4 intrinsically linked to gender equality and women’s 5 well-being, and are critical to community health. 6 (7) The global COVID–19 pandemic has placed 7 at risk the fulfillment of reproductive rights. The 8 United Nations Office of the High Commissioner for 9 Human Rights has raised concerns that overloaded 10 health systems, shortages of medical supplies, and 11 disruptions of global supply chains have undermined 12 the sexual and reproductive health and rights of in- 13 dividuals. 14 SEC. 3. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 15 PRACTICES. 16 (a) IN GENERAL.—The Foreign Assistance Act of 17 1961 (22 U.S.C. 2151 et seq.) is amended— 18 (1) in section 116(d) (22 U.S.C. 2151n(d)), by 19 amending paragraph (2) to read as follows: 20 ‘‘(2) the status of reproductive rights in each 21 country, including— 22 ‘‘(A) whether such country has adopted 23 and enforced policies— 24 VerDate Sep 11 2014 06:36 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3576.IH H3576 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3576 IH ‘‘(i) to promote access to safe, effec- 1 tive, and affordable methods of contracep- 2 tion and comprehensive, accurate, non- 3 discriminatory family planning and sexual 4 health information; 5 ‘‘(ii) to promote access to a full range 6 of quality health care services to ensure 7 safe and healthy pregnancy and childbirth 8 free from violence and discrimination; 9 ‘‘(iii) to promote the equitable preven- 10 tion, detection, and treatment of sexually 11 transmitted infections, including HIV and 12 HPV, and of reproductive tract infections 13 and reproductive cancers; and 14 ‘‘(iv) to expand or restrict access to 15 safe abortion services or post-abortion 16 care, or to criminalize pregnancy-related 17 outcomes, including spontaneous mis- 18 carriages or pregnancies outside of mar- 19 riage; 20 ‘‘(B) a description of the rates and causes 21 of pregnancy-related injuries and deaths, in- 22 cluding deaths due to unsafe abortions; 23 ‘‘(C) a description of— 24 VerDate Sep 11 2014 06:36 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3576.IH H3576 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3576 IH ‘‘(i) the nature and extent of in- 1 stances of discrimination, coercion, and vi- 2 olence against women, girls, and 3 LGBTQI+ individuals in all settings 4 where health care is provided, including in 5 detention; 6 ‘‘(ii) instances of obstetric violence, 7 involuntary or coerced abortion, involun- 8 tary or coerced pregnancy, coerced steri- 9 lization, use of incentives or disincentives 10 to lower or raise fertility, withholding of 11 information on reproductive health options, 12 and other forms of reproductive and sexual 13 coercion; and 14 ‘‘(iii) the actions, if any, taken by the 15 government of such country to respond to 16 such discrimination, coercion, and violence, 17 if applicable; 18 ‘‘(D) a description of— 19 ‘‘(i) the proportion of individuals of 20 reproductive age (15 through 49 years of 21 age) whose need for family planning is sat- 22 isfied with modern methods; 23 ‘‘(ii) the barriers such individuals face 24 in accessing such services; 25 VerDate Sep 11 2014 06:36 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3576.IH H3576 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3576 IH ‘‘(iii) the nature and extent of in- 1 stances of denial of comprehensive and ac- 2 curate family planning information and 3 services in such country; and 4 ‘‘(iv) the actions, if any, taken by the 5 government of such country to address 6 such denials; and 7 ‘‘(E) a description of— 8 ‘‘(i) disparities in access to family 9 planning and reproductive health services 10 and pregnancy-related health outcomes, in- 11 cluding pregnancy-related injuries and 12 deaths, based on race, ethnicity, indigenous 13 status, language, religious affiliation, or 14 other marginalized identity; and 15 ‘‘(ii) any measures taken by the gov- 16 ernment of such country to hold health 17 systems accountable for addressing such 18 disparities;’’; and 19 (2) in section 502B (22 U.S.C. 2304)— 20 (A) by redesignating the second subsection 21 (i) (relating to child marriage status) as sub- 22 section (j); and 23 (B) by adding at the end the following: 24 VerDate Sep 11 2014 06:36 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3576.IH H3576 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 3576 IH ‘‘(k) INCLUSION OF STATUS OF REPRODUCTIVE 1 RIGHTS IN ANNUAL COUNTRY REPORTS ON HUMAN 2 RIGHTS PRACTICES.—The report required under sub- 3 section (b) shall include a description of the status of re- 4 productive rights in each country, including— 5 ‘‘(1) whether such country has adopted and en- 6 forced policies— 7 ‘‘(A) to promote access to safe, effective, 8 and affordable methods of contraception and 9 comprehensive, accurate, non-discriminatory 10 family planning and sexual health information; 11 ‘‘(B) to promote access to a full range of 12 quality health care services to ensure safe and 13 healthy pregnancy and childbirth, free from vio- 14 lence and discrimination; 15 ‘‘(C) to promote the equitable prevention, 16 detection, and treatment of sexually transmitted 17 infections, including HIV and HPV, and of re- 18 productive tract infections and reproductive 19 cancers; and 20 ‘‘(D) to expand or restrict access to safe 21 abortion services or post-abortion care, or crim- 22 inalize pregnancy-related outcomes, including 23 spontaneous miscarriages and pregnancies out- 24 side of marriage; 25 VerDate Sep 11 2014 06:36 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3576.IH H3576 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 3576 IH ‘‘(2) a description of the rates and causes of 1 pregnancy-related injuries and deaths, including 2 deaths due to unsafe abortions; 3 ‘‘(3) a description of— 4 ‘‘(A) the nature and extent of instances of 5 discrimination, coercion, and violence against 6 women, girls and LGBTQI+ individuals in all 7 settings where health care is provided, including 8 in detention; 9 ‘‘(B) instances of coerced abortion, coerced 10 pregnancy, coerced sterilization, use of incen- 11 tives or disincentives to lower or raise fertility, 12 withholding of information on reproductive 13 health options, and other forms of reproductive 14 and sexual coercion; and 15 ‘‘(C) the actions, if any, taken by the gov- 16 ernment of such country to respond to such dis- 17 crimination, coercion, and violence, if applica- 18 ble; 19 ‘‘(4) a description of— 20 ‘‘(A) the proportion of individuals of repro- 21 ductive age (15 through 49 years of age) whose 22 need for family planning is satisfied with mod- 23 ern methods; 24 VerDate Sep 11 2014 06:36 Jun 22, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3576.IH H3576 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 3576 IH ‘‘(B) the barriers such individuals face in 1 accessing such services; 2 ‘‘(C) the nature and extent of instances of 3 denial of comprehensive and accurate family 4 planning information and services in such coun- 5 try; and 6 ‘‘(D) the actions, if any, taken by the gov- 7 ernment of such country to respond to such de- 8 nials; and 9 ‘‘(5) a description of— 10 ‘‘(A) disparities in access to family plan- 11 ning and reproductive health services and preg- 12 nancy-related health outcomes, including preg- 13 nancy-related injuries and deaths, based on 14 race, ethnicity, indigenous status, language, re- 15 ligious affiliation, or other marginalized iden- 16 tity; and 17 ‘‘(B) any measures taken by the govern- 18 ment of such country to hold health systems ac- 19 countable for addressing such disparities.’’. 20 (b) CONSULTATION REQUIRED.—In preparing the 21 Annual Country Reports on Human Rights Practices re- 22 quired under sections 116(d) and 502B of the Foreign As- 23 sistance Act of 1961, as amended by subsection (a), the 24 Secretary of State, the Assistant Secretary of State for 25 VerDate Sep 11 2014 03:21 Jul 06, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3576.IH H3576 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 3576 IH Democracy, Human Rights, and Labor, and other relevant 1 official [Text truncated for display. 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