Abortion is Health Care Everywhere Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 1723 To amend the Foreign Assistance Act of 1961 to authorize the use of funds for comprehensive reproductive health care services, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 22, 2023 Ms. SCHAKOWSKY (for herself, Ms. LEE of California, Ms. PRESSLEY, Ms. DEGETTE, Mrs. TORRES of California, Ms. STRICKLAND, Mrs. BEATTY, Ms. KAMLAGER-DOVE, Mr. DOGGETT, Mr. KHANNA, Ms. MCCOLLUM, Mr. CONNOLLY, Mr. GRIJALVA, Mr. PANETTA, Mrs. NAPOLITANO, Mr. CLEAVER, Mr. KILMER, Mr. CASTEN, Ms. SCANLON, Ms. ROSS, Mrs. TRAHAN, Ms. CLARKE of New York, Ms. MOORE of Wisconsin, Mr. MORELLE, Mr. POCAN, Mr. AUCHINCLOSS, Ms. GARCIA of Texas, Ms. TLAIB, Mr. GOMEZ, Ms. WILSON of Florida, Ms. BROWNLEY, Ms. JAYAPAL, Ms. VELA´ZQUEZ, Ms. CHU, Mr. QUIGLEY, Ms. ADAMS, Mr. ALLRED, Mr. SMITH of Washington, Ms. WILLIAMS of Georgia, Mr. SHERMAN, Mr. HIGGINS of New York, Mr. KILDEE, Ms. TOKUDA, Mrs. FLETCHER, Mr. TAKANO, Mr. COHEN, Mr. TRONE, Mr. HUFFMAN, Mr. COSTA, Ms. BONAMICI, Ms. ESCOBAR, Ms. WASSERMAN SCHULTZ, Mr. SCHIFF, Mr. PETERS, Mr. VEASEY, Mrs. HAYES, Mr. CARTER of Lou- isiana, Mr. CARTWRIGHT, Mr. CA´RDENAS, Mr. HIMES, Mr. TONKO, Ms. SCHRIER, Mr. GARAMENDI, Ms. SHERRILL, Mr. SWALWELL, Ms. MATSUI, Mr. SARBANES, Ms. JACOBS, Mr. BLUMENAUER, Ms. PORTER, Ms. BLUNT ROCHESTER, Ms. CASTOR of Florida, Mr. RASKIN, Mr. ESPAILLAT, Ms. TITUS, Mr. GARCI´A of Illinois, Ms. MENG, Ms. LOF- GREN, Mr. RUPPERSBERGER, Mr. BERA, Mr. DESAULNIER, Mr. EVANS, Mrs. FOUSHEE, Mr. LEVIN, Mr. JOHNSON of Georgia, Mr. CARBAJAL, Ms. STANSBURY, Ms. DELBENE, Ms. UNDERWOOD, Mr. PASCRELL, Ms. KUSTER, Mr. LIEU, Mrs. RAMIREZ, Mr. CASTRO of Texas, Mrs. MCCLEL- LAN, Mr. LARSEN of Washington, Ms. STEVENS, Ms. BUSH, Mr. STAN- TON, Ms. DEAN of Pennsylvania, Mr. NADLER, Ms. KELLY of Illinois, Ms. LOIS FRANKEL of Florida, Mr. GOTTHEIMER, Mr. DAVID SCOTT of Georgia, Mr. PAYNE, Ms. BUDZINSKI, Mr. SOTO, Ms. WEXTON, Ms. DELAURO, Mr. BOWMAN, Mr. CROW, Mr. NEGUSE, Mr. CICILLINE, Ms. CROCKETT, Mr. PHILLIPS, Ms. SA´NCHEZ, Ms. LEGER FERNANDEZ, Mrs. CHERFILUS-MCCORMICK, Mr. TORRES of New York, Ms. BARRAGA´N, Ms. BROWN, Mrs. WATSON COLEMAN, Mr. HORSFORD, Mr. CARSON, Mr. PALLONE, Mr. KRISHNAMOORTHI, Ms. ESHOO, Mr. MCGOVERN, Ms. VerDate Sep 11 2014 22:16 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1723.IH H1723 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 1723 IH PETTERSEN, Mr. IVEY, Mrs. MCBATH, Mr. KEATING, Ms. SEWELL, Mr. CASE, Ms. PINGREE, Ms. LEE of Pennsylvania, Mr. RYAN, Mr. SCHNEI- DER, Ms. WILD, Ms. JACKSON LEE, Mr. MULLIN, Mr. BEYER, Ms. OMAR, Mr. MOULTON, Ms. CRAIG, Ms. MANNING, Mr. THOMPSON of California, and Mr. FOSTER) introduced the following bill; which was re- ferred to the Committee on Foreign Affairs A BILL To amend the Foreign Assistance Act of 1961 to authorize the use of funds for comprehensive reproductive health care services, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Abortion is Health 4 Care Everywhere Act of 2023’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 (1) Abortion is a critical component of sexual 8 and reproductive health care and should be acces- 9 sible and affordable for all people. 10 (2) All people have the right to make their own 11 choices about their sexual and reproductive health, 12 and to access quality and affordable sexual and re- 13 productive health care. International agreements 14 have recognized reproductive rights for over 25 15 years, and the 2015 Sustainable Development Goals 16 VerDate Sep 11 2014 22:16 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1723.IH H1723 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 1723 IH reiterated the centrality of reproductive rights to 1 gender equality. 2 (3) Studies have repeatedly demonstrated that 3 when people, including young women and adolescent 4 girls, gender non-conforming individuals, and 5 transgender men, are able to control their reproduc- 6 tive lives, there are enormous social and economic 7 benefits—not just for the individual and their fam- 8 ily, but for entire communities. Countries that 9 prioritize reproductive health, rights, and justice and 10 human rights are more likely to have better overall 11 health throughout. 12 (4) Health system cost is reduced when abor- 13 tion is widely available and integrated with other 14 types of health care. 15 (5) Without access to safe abortion care, people 16 risk their lives to end their pregnancies. At least 17 24,100 people in low- and middle-income countries 18 die every year from complications from unsafe abor- 19 tion. 20 (6) Ninety-seven percent of unsafe abortions 21 occur in developing countries in Africa, Asia, and 22 Latin America. In low- and middle-income countries, 23 the annual cost of post-abortion care for all who 24 need it would be $4 billion. The majority of this cost 25 VerDate Sep 11 2014 22:16 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1723.IH H1723 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 1723 IH is attributed to treating complications from abor- 1 tions provided in unsafe conditions. 2 (7) Restricting abortion does not reduce either 3 the need for or number of abortions. Abortion rates 4 are similar in countries where it is highly restricted 5 by law and where it is broadly legal. 6 (8) As part of their commitment to prevent un- 7 safe abortions and preventable deaths and ensure all 8 people have access to comprehensive sexual and re- 9 productive health care and can exercise their right to 10 full control over their sexuality and reproduction, de- 11 veloping countries and donor governments must 12 work collaboratively to deploy funding, align policies, 13 and mobilize expertise to make safe abortion services 14 available to those seeking to terminate pregnancies. 15 (9) United States law restricting United States 16 foreign assistance funding from being used to pro- 17 vide safe abortion services has the effect of harming 18 people who seek to terminate their pregnancies in 19 several ways, including by blocking access to services 20 and erecting barriers to providers obtaining the 21 training and equipment needed to deliver care to 22 those in need. 23 (10) Since section 104(f)(1) of the Foreign As- 24 sistance Act of 1961 (22 U.S.C. 2151b(f)(1)) (com- 25 VerDate Sep 11 2014 22:16 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1723.IH H1723 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 1723 IH monly referred to as the ‘‘Helms amendment’’) was 1 enacted in 1973, dozens of governments across the 2 globe have liberalized abortion laws and policies. 3 (11) In countries where the United States sup- 4 ports family planning and reproductive health care 5 and in which abortion is legal on at least some 6 grounds, support for safe abortion could avert over 7 19 million unsafe abortions and 17,000 maternal 8 deaths each year. 9 (12) When abortions are performed in accord- 10 ance with the World Health Organization (WHO) 11 guideline and standards, it is a simple and safe pro- 12 cedure. The most recent WHO abortion guidelines 13 recommend the full decriminalization of abortion 14 and removal of grounds-based restrictions on abor- 15 tion. 16 (13) The Dobbs v. Jackson Women’s Health 17 Organization decision goes against the global trend 18 toward expanding access to sexual and reproductive 19 health and rights, including abortion, and negatively 20 impacts abortion access across the United States 21 and globally. The decision has emboldened anti- 22 rights actors, increased abortion stigma, and created 23 new challenges for countries that have relied on the 24 VerDate Sep 11 2014 22:16 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1723.IH H1723 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 1723 IH Roe v. Wade decision in the liberalization of their 1 own laws. 2 SEC. 3. STATEMENT OF POLICY. 3 The following shall be the policy of the United States 4 Government: 5 (1) Safe abortion is a critical component of 6 comprehensive maternal and reproductive health 7 care and should be included as part of foreign assist- 8 ance programs funded by the United States Govern- 9 ment. 10 (2) Safe abortion is to be made widely available 11 and integrated with other types of health care. 12 (3) The United States Government should work 13 to end unsafe abortion and promote safe abortion 14 services by providing funding and collaborating with 15 affected governments and service providers to pro- 16 vide training, commodities and equipment, and ac- 17 cess to safe abortion services. 18 SEC. 4. USE OF FUNDS FOR COMPREHENSIVE REPRODUC- 19 TIVE HEALTH CARE SERVICES. 20 Section 104 of the Foreign Assistance Act of 1961 21 (22 U.S.C. 2151b) is amended— 22 (1) in subsection (f)— 23 (A) by striking paragraph (1); and 24 VerDate Sep 11 2014 22:16 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1723.IH H1723 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 1723 IH (B) by redesignating paragraphs (2) and 1 (3) as paragraphs (1) and (2), respectively; 2 (2) by redesignating subsection (g) as sub- 3 section (h); and 4 (3) by inserting after subsection (f), as amend- 5 ed, the following: 6 ‘‘(g) USE OF FUNDS FOR COMPREHENSIVE REPRO- 7 DUCTIVE HEALTH CARE SERVICES.—Notwithstanding 8 any other provision of law, funds made available to carry 9 out this part may be used to provide comprehensive repro- 10 ductive health care services, including abortion services, 11 training, and equipment.’’. 12 Æ VerDate Sep 11 2014 22:16 Apr 05, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H1723.IH H1723 pbinns on DSKJLVW7X2PROD with $$_JOB