Abortion is Health Care Everywhere Act of 2023

II 118TH CONGRESS 1ST SESSION S. 929 To amend the Foreign Assistance Act of 1961 to authorize the use of Federal foreign assistance funds for comprehensive reproductive health care services, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 22, 2023 Mr. BOOKER (for himself, Ms. SMITH, Ms. HIRONO, Ms. DUCKWORTH, Mr. BLUMENTHAL, Mr. CARDIN, Mrs. GILLIBRAND, Mr. MARKEY, Mr. MERKLEY, Mr. PADILLA, Mr. WELCH, Mr. SCHATZ, Ms. WARREN, Mr. HEINRICH, Mr. MURPHY, Ms. BALDWIN, Ms. KLOBUCHAR, Mr. WYDEN, Mr. SANDERS, Mrs. MURRAY, Mrs. FEINSTEIN, Mr. BROWN, Ms. ROSEN, Ms. CORTEZ MASTO, and Mr. LUJA´N) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the Foreign Assistance Act of 1961 to authorize the use of Federal foreign assistance funds for com- prehensive reproductive health care services, and for other purposes. 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 ‘‘Abortion is Health 4 Care Everywhere Act of 2023’’. 5 VerDate Sep 11 2014 22:53 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S929.IS S929 kjohnson on DSK79L0C42PROD with BILLS 2 •S 929 IS SEC. 2. FINDINGS. 1 Congress makes the following findings: 2 (1) Abortion is a critical component of sexual 3 and reproductive health care and should be acces- 4 sible and affordable for all people. 5 (2) All people have the right to make their own 6 choices about their sexual and reproductive health, 7 and to access quality and affordable sexual and re- 8 productive health care. International agreements 9 have recognized reproductive rights for over 25 10 years, and the Sustainable Development Goals, 11 which were adopted by United Nations in September 12 2015, reiterated the centrality of reproductive rights 13 to gender equality. 14 (3) Studies have repeatedly demonstrated that 15 when people, including young women and adolescent 16 girls, gender nonconforming individuals, and 17 transgender men, are able to control their reproduc- 18 tive lives, there are enormous social and economic 19 benefits, not just for the individual and their family, 20 but for entire communities. Countries that prioritize 21 reproductive health rights, justice, and human rights 22 are more likely to have better overall health among 23 their population. 24 VerDate Sep 11 2014 22:53 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S929.IS S929 kjohnson on DSK79L0C42PROD with BILLS 3 •S 929 IS (4) Health system cost is reduced when abor- 1 tion is widely available and integrated with other 2 types of health care. 3 (5) Without access to safe abortion care, people 4 risk their lives to end their pregnancies. At least 5 24,100 people in low- and middle-income countries 6 die every year as a result of complications from un- 7 safe abortions. 8 (6) Ninety-seven percent of unsafe abortions 9 occur in developing countries in Africa, Asia, and 10 Latin America. In low- and middle-income countries, 11 the annual cost of post-abortion care for all who 12 need it would be $4,000,000,000. The majority of 13 this cost is attributed to treating complications from 14 abortions provided in unsafe conditions. 15 (7) Restricting abortion does not reduce either 16 the need for, or number of, abortions. Abortion rates 17 are similar in countries where it is highly restricted 18 by law and where it is broadly legal. 19 (8) As part of their commitment to prevent un- 20 safe abortions and preventable deaths and ensure all 21 people have access to comprehensive sexual and re- 22 productive health care and can exercise their right to 23 full control over their sexuality and reproduction, de- 24 veloping countries and donor governments must 25 VerDate Sep 11 2014 22:53 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S929.IS S929 kjohnson on DSK79L0C42PROD with BILLS 4 •S 929 IS work collaboratively to deploy funding, align policies, 1 and mobilize expertise to make safe abortion services 2 available to those seeking to terminate pregnancies. 3 (9) United States law restricting United States 4 foreign assistance funding from being used to pro- 5 vide safe abortion services has the effect of harming 6 people who seek to terminate their pregnancies in 7 several ways, including by blocking access to services 8 and erecting barriers to providers obtaining the 9 training and equipment needed to deliver care to 10 those in need. 11 (10) Since section 104(f)(1) of the Foreign As- 12 sistance Act of 1961 (22 U.S.C. 2151b(f)(1)) (com- 13 monly referred to as the ‘‘Helms amendment’’) was 14 enacted in 1973, dozens of governments across the 15 globe have liberalized abortion laws and policies. 16 (11) In countries where the United States sup- 17 ports family planning and reproductive health care 18 and in which abortion is legal on at least some 19 grounds, support for safe abortion could avert over 20 19 million unsafe abortions and 17,000 maternal 21 deaths each year. 22 (12) When an abortion is performed in accord- 23 ance with World Health Organization (WHO) guide- 24 lines and standards, it is a simple and safe proce- 25 VerDate Sep 11 2014 22:53 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S929.IS S929 kjohnson on DSK79L0C42PROD with BILLS 5 •S 929 IS dure. The most recent WHO abortion guidelines rec- 1 ommend the full decriminalization of abortion and 2 removal of grounds-based restrictions on abortion. 3 (13) The Dobbs v. Jackson Women’s Health 4 Organization (142 S. Ct. 2228 (2022)) decision goes 5 against the global trend toward expanding access to 6 sexual and reproductive health and rights, including 7 abortion, and negatively impacts abortion access 8 across the United States and globally. The decision 9 has emboldened anti-abortion rights actors, in- 10 creased abortion stigma, and created new challenges 11 for countries that have relied on the Roe v. Wade 12 (410 U.S. 113 (1973)) decision in the liberalization 13 of their own laws. 14 SEC. 3. STATEMENT OF POLICY. 15 It is the policy of the United States Government— 16 (1) to recognize that safe abortion is a critical 17 component of comprehensive maternal and reproduc- 18 tive health care and should be included as part of 19 foreign assistance programs funded by the United 20 States Government; 21 (2) to make safe abortion widely available and 22 integrated with other types of health care; and 23 (3) to work to end unsafe abortion and promote 24 safe abortion services by providing funding and col- 25 VerDate Sep 11 2014 22:53 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S929.IS S929 kjohnson on DSK79L0C42PROD with BILLS 6 •S 929 IS laborating with affected governments and service 1 providers to provide training, commodities, equip- 2 ment, and access to safe abortion services. 3 SEC. 4. AUTHORIZING THE USE OF FEDERAL FOREIGN AS- 4 SISTANCE FUNDS FOR COMPREHENSIVE RE- 5 PRODUCTIVE HEALTH CARE SERVICES. 6 Section 104 of the Foreign Assistance Act of 1961 7 (22 U.S.C. 2151b) is amended— 8 (1) in subsection (f)— 9 (A) by striking paragraph (1); and 10 (B) by redesignating paragraphs (2) and 11 (3) as paragraphs (1) and (2), respectively; 12 (2) by redesignating subsection (g) as sub- 13 section (h); and 14 (3) by inserting after subsection (f), as amend- 15 ed, the following: 16 ‘‘(g) USE OF FUNDS FOR COMPREHENSIVE REPRO- 17 DUCTIVE HEALTH CARE SERVICES.—Notwithstanding 18 any other provision of law, funds made available to carry 19 out this part may be used to provide comprehensive repro- 20 ductive health care services, including abortion services, 21 training, and equipment.’’. 22 Æ VerDate Sep 11 2014 22:53 Mar 31, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S929.IS S929 kjohnson on DSK79L0C42PROD with BILLS