[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1864 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1864
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 SENATE OF THE UNITED STATES
May 26, 2021
Mr. Menendez (for himself, Mrs. Shaheen, Mr. Blumenthal, Mr. Booker,
Mr. Van Hollen, Ms. Klobuchar, Mr. Schatz, Mr. Kaine, Ms. Hirono, Mr.
Coons, Mrs. Gillibrand, Mr. Markey, Mr. Leahy, Mr. Cardin, Mr. Durbin,
Mr. Brown, Mr. Wyden, Ms. Rosen, Ms. Duckworth, Mrs. Murray, Mr.
Bennet, and Mr. Merkley) 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 require a section on
reproductive rights in the Annual Country Reports on Human Rights
Practices, and for other purposes.
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 ``Reproductive Rights are Human Rights
Act of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has joined the international
community in identifying reproductive rights as human rights,
including in connection with the 1994 International Conference
on Population and Development, the 1995 Beijing World
Conference on Women, and through its ratification of the
International Covenant on Civil and Political Rights, done at
New York December 19, 1966 (referred to in this Act as
``ICCPR''), the International Convention on the Elimination of
All Forms of Racial Discrimination, done at New York December
21, 1965, and the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, done at New York
December 10, 1984.
(2) General comment No. 36 (2018) on article 6 of the
ICCPR, which was adopted by the Human Rights Committee on
October 30, 2018, asserts that States parties--
(A) should ensure access for all persons to
``quality and evidence-based information and education
about sexual and reproductive health and to a wide
range of affordable contraceptive methods'';
(B) ``must provide safe, legal, and effective
access to abortion where the life and health of the
pregnant woman or girl is at risk, or where carrying a
pregnancy to term would cause the pregnant woman or
girl substantial pain or suffering, most notably where
pregnancy is the result of rape or incest or is not
viable'';
(C) ``ensure the availability of, and effective
access to, quality prenatal and post-abortion health
care for women and girls''; and
(D) must not impose restrictions on the ability of
women or girls to seek abortion in a manner that
jeopardizes their lives, subjects them to physical or
mental pain or suffering, discriminates against them,
arbitrarily interferes with their privacy, or places
them at risk of undertaking unsafe abortions.
(3) Reproductive coercion, which is any behavior that
interferes with autonomous decision making about reproductive
health outcomes, is a violation of human rights.
(4) Lesbian, gay, bisexual, transgender, queer, and
intersex persons (LGBTQI+) face stigma and discrimination in
accessing reproductive health services, and barriers, including
anti-LGBTQI+ laws, policies, and gender norms in countries. The
denial of access to sexual and reproductive health care and
associated human rights violations due to these barriers should
be reported in relevant Department of State Annual Country
Reports on Human Rights Practices.
(5) Human rights are grounded in international standards.
The Department of State's deletion of the reproductive rights
subsection from its 2017, 2018, and 2019 Country Reports on
Human Rights Practices inappropriately politicized human rights
of people around the world.
(6) Limiting reproductive rights also limits pathways to
economic, social, and political empowerment. Sexual and
reproductive health and rights are essential for sustainable
economic development, are intrinsically linked to gender
equality and women's well-being, and are critical to community
health.
(7) The global COVID-19 pandemic has placed at risk the
fulfillment of reproductive rights. The United Nations Office
of the High Commissioner for Human Rights has raised concerns
that overloaded health systems, shortages of medical supplies,
and disruptions of global supply chains have undermined the
sexual and reproductive health and rights of individuals.
SEC. 3. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
(a) In General.--The Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.) is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d)), by amending
paragraph (2) to read as follows:
``(2) the status of reproductive rights in each country,
including--
``(A) whether such country has adopted and enforced
policies--
``(i) to promote access to safe, effective,
and affordable methods of contraception and
comprehensive, accurate, nondiscriminatory
family planning and sexual health information;
``(ii) to promote access to a full range of
quality health care services to ensure safe and
healthy pregnancy and childbirth free from
violence and discrimination;
``(iii) to promote the equitable
prevention, detection, and treatment of
sexually transmitted infections, including HIV
and HPV, and of reproductive tract infections
and reproductive cancers; and
``(iv) to expand or restrict access to safe
abortion services or post-abortion care, or to
criminalize pregnancy-related outcomes,
including spontaneous miscarriages or
pregnancies outside of marriage;
``(B) a description of the rates and causes of
pregnancy-related injuries and deaths, including deaths
due to unsafe abortions;
``(C) a description of--
``(i) the nature and extent of instances of
discrimination, coercion, and violence against
women, girls, and LGBTQI+ individuals in all
settings where health care is provided,
including in detention;
``(ii) instances of obstetric violence,
involuntary or coerced abortion, involuntary or
coerced pregnancy, coerced sterilization, use
of incentives or disincentives to lower or
raise fertility, withholding of information on
reproductive health options, and other forms of
reproductive and sexual coercion; and
``(iii) the actions, if any, taken by the
government of such country to respond to such
discrimination, coercion, and violence, if
applicable;
``(D) a description of--
``(i) the proportion of individuals of
reproductive age (15 through 49 years of age)
whose need for family planning is satisfied
with modern methods;
``(ii) the barriers such individuals face
in accessing such services;
``(iii) the nature and extent of instances
of denial of comprehensive and accurate family
planning information and services in such
country; and
``(iv) the actions, if any, taken by the
government of such country to address such
denials; and
``(E) a description of--
``(i) disparities in access to family
planning and reproductive health services and
pregnancy-related health outcomes, including
pregnancy-related injuries and deaths, based on
race, ethnicity, indigenous status, language,
religious affiliation, or other marginalized
identity; and
``(ii) any measures taken by the government
of such country to hold health systems
accountable for addressing such disparities;'';
and
(2) in section 502B (22 U.S.C. 2304)--
(A) by redesignating the second subsection (i)
(relating to child marriage status) as subsection (j);
and
(B) by adding at the end the following:
``(k) Inclusion of Status of Reproductive Rights in Annual Country
Reports on Human Rights Practices.--The report required under
subsection (b) shall include a description of the status of
reproductive rights in each country, including--
``(1) whether such country has adopted and enforced
policies--
``(A) to promote access to safe, effective, and
affordable methods of contraception and comprehensive,
accurate, non-discriminatory family planning and sexual
health information;
``(B) to promote access to a full range of quality
health care services to ensure safe and healthy
pregnancy and childbirth, free from violence and
discrimination;
``(C) to promote the equitable prevention,
detection, and treatment of sexually transmitted
infections, including HIV and HPV, and of reproductive
tract infections and reproductive cancers; and
``(D) to expand or restrict access to safe abortion
services or post-abortion care, or criminalize
pregnancy-related outcomes, including spontaneous
miscarriages and pregnancies outside of marriage;
``(2) a description of the rates and causes of pregnancy-
related injuries and deaths, including deaths due to unsafe
abortions;
``(3) a description of--
``(A) the nature and extent of instances of
discrimination, coercion, and violence against women,
girls and LGBTQI+ individuals in all settings where
health care is provided, including in detention;
``(B) instances of coerced abortion, coerced
pregnancy, coerced sterilization, use of incentives or
disincentives to lower or raise fertility, withholding
of information on reproductive health options, and
other forms of reproductive and sexual coercion; and
``(C) the actions, if any, taken by the government
of such country to respond to such discrimination,
coercion, and violence, if applicable;
``(4) a description of--
``(A) the proportion of individuals of reproductive
age (15 through 49 years of age) whose need for family
planning is satisfied with modern methods;
``(B) the barriers such individuals face in
accessing such services;
``(C) the nature and extent of instances of denial
of comprehensive and accurate family planning
information and services in such country; and
``(D) the actions, if any, taken by the government
of such country to respond to such denials; and
``(5) a description of--
``(A) disparities in access to family planning and
reproductive health services and pregnancy-related
health outcomes, including pregnancy-related injuries
and deaths, based on race, ethnicity, indigenous
status, language, religious affiliation, or other
marginalized identity; and
``(B) any measures taken by the government of such
country to hold health systems accountable for
addressing such disparities.''.
(b) Consultation Required.--In preparing the Annual Country Reports
on Human Rights Practices required under sections 116(d) and 502B of
the Foreign Assistance Act of 1961, as amended by subsection (a)), the
Secretary of State, the Assistant Secretary of State for Democracy,
Human Rights, and Labor, and other relevant officials, including human
rights officers at United States diplomatic and consular posts, shall
consult with--
(1) representatives of United States civil society and
multilateral organizations with demonstrated experience and
expertise in sexual and reproductive health and rights or
promoting the human rights of women, girls, and LGBTQI+
persons;
(2) relevant local nongovernmental organizations in all
countries included in such reports, including organizations
serving women, girls, and LGBTQI+ persons that are focused on
sexual and reproductive health and rights; and
(3) relevant agencies and offices of the United States
Government that track or are otherwise involved in the
monitoring of reproductive and sexual health around the world.
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