[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7228 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 7228

 To amend the Foreign Assistance Act of 1961 to include in the Annual 
  Country Reports on Human Rights Practices a section on reproductive 
                    rights, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2018

  Ms. Clark of Massachusetts (for herself, Mrs. Lowey, Mr. Engel, Ms. 
 Lee, Ms. Frankel of Florida, Ms. Wasserman Schultz, Ms. Clarke of New 
York, Mr. Moulton, Mr. Connolly, Ms. Meng, Mr. Carbajal, Mr. Hastings, 
 Ms. Norton, Mr. McNerney, Mr. Ruppersberger, Mr. Cohen, Ms. Wilson of 
    Florida, Mr. Cicilline, Mr. Payne, Ms. McCollum, Mr. Johnson of 
   Georgia, Ms. DeLauro, Ms. Titus, Ms. Kuster of New Hampshire, Mr. 
Castro of Texas, Mr. Kildee, Mr. Sean Patrick Maloney of New York, Mr. 
 DeFazio, Mr. Danny K. Davis of Illinois, Mr. Quigley, Mrs. Lawrence, 
Mr. McGovern, Mr. Pallone, Mrs. Napolitano, Miss Rice of New York, Ms. 
   Schakowsky, Ms. Lofgren, Mrs. Carolyn B. Maloney of New York, Mr. 
Espaillat, Ms. DeGette, Mr. Kennedy, Mr. Doggett, Mr. Sherman, Ms. Judy 
Chu of California, Ms. Speier, and Mr. Pocan) introduced the following 
      bill; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the Foreign Assistance Act of 1961 to include in the Annual 
  Country Reports on Human Rights Practices a section on reproductive 
                    rights, 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 2018''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States has repeatedly agreed to 
        international agreements that identify reproductive rights as 
        human rights, including in connection with the 1994 
        International Conference on Population and Development and the 
        1995 Beijing World Conference on Women.
            (2) The Department of State's deletion of the reproductive 
        rights subsection from its 2017 Country Reports on Human Rights 
        Practices demonstrates an alarming level of politicization of 
        human rights by the Trump Administration and undermines the 
        human rights of women around the world.
            (3) Restrictions on reproductive rights compromise entire 
        health systems and communities, as when women's rights are 
        limited, so are their pathways to economic, social, and 
        political empowerment.
            (4) Sexual health and reproductive rights are essential for 
        sustainable economic development, are intrinsically linked to 
        gender equality and women's well-being, and are critical to 
        maternal, newborn, child, adolescent, family, and community 
        health.

SEC. 3. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.

    (a) In General.--The Foreign Assistance Act of 1961 is amended--
            (1) in section 116(d) (22 U.S.C. 2151n(d))--
                    (A) in paragraph (11)(C), by striking ``and'' at 
                the end;
                    (B) in paragraph (12)(C)(ii), by striking the 
                period at the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(13) the status of reproductive rights in each country 
        (as defined in the 1994 International Conference on Population 
        and Development Programme of Action, reiterated in the 1995 
        Beijing Declaration and Platform for Action, and expanded upon 
        in General comment No. 36 (2018) on article 6 of the 
        International Covenant on Civil and Political Rights, on the 
        right to life and other authoritative interpretations of 
        binding international human rights obligations), including--
                    ``(A) whether such country has adopted policies 
                to--
                            ``(i) promote access to and prevalence of 
                        safe, effective, and affordable methods of 
                        contraception;
                            ``(ii) promote access to appropriate health 
                        care services to ensure safe and healthy 
                        pregnancy and childbirth, including safe and 
                        effective prenatal, childbirth, and postnatal 
                        care for both mother and child;
                            ``(iii) expand or restrict access to safe 
                        abortion services, in accordance with such 
                        country's laws, including post-abortion care;
                            ``(iv) prevent maternal deaths; and
                            ``(v) promote the prevention, detection, 
                        and treatment of sexually transmitted 
                        infections, including HIV, and of reproductive 
                        tract infections and of reproductive cancers;
                    ``(B) information relating to the adequacy of 
                resources, enforcement, and oversight in such country 
                dedicated to the policies specified in subparagraph 
                (A);
                    ``(C) wherever applicable, a description of the 
                rates and causes of maternal deaths in such country, 
                including deaths due to unsafe abortions;
                    ``(D) wherever applicable, a description of the 
                nature and extent of instances of discrimination, 
                coercion, and violence against women and girls in 
                health care settings in such country, and the actions, 
                if any, taken by the government of such country to 
                respond to such discrimination, coercion, and violence; 
                and
                    ``(E) wherever applicable, a description of the 
                nature and extent of instances of denial of 
                comprehensive and accurate family planning information 
                and services in such country, and the actions, if any, 
                taken by the government of such country to respond to 
                such denials.''; 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 new 
                subsection:
    ``(k) The report required under subsection (b) shall include the 
status of reproductive rights in each country (as defined in the 1994 
International Conference on Population and Development Programme of 
Action, reiterated in the 1995 Beijing Declaration and Platform for 
Action, and expanded upon in General comment No. 36 (2018) on article 6 
of the International Covenant on Civil and Political Rights, on the 
right to life and other authoritative interpretations of binding 
international human rights obligations), including--
            ``(1) whether such country has adopted policies to--
                    ``(A) promote access to and prevalence of safe, 
                effective, and affordable methods of contraception;
                    ``(B) promote access to appropriate health care 
                services to ensure safe and healthy pregnancy and 
                childbirth, including safe and effective prenatal, 
                childbirth, and postnatal care for both mother and 
                child;
                    ``(C) expand or restrict access to safe abortion 
                services, in accordance with such country's laws, 
                including post-abortion care;
                    ``(D) prevent maternal deaths; and
                    ``(E) promote the prevention, detection, and 
                treatment of sexually transmitted infections, including 
                HIV, and of reproductive tract infections and of 
                reproductive cancers;
            ``(2) information relating to the adequacy of resources, 
        enforcement, and oversight of such country dedicated to the 
        policies specified in paragraph (1);
            ``(3) wherever applicable, a description of the rates and 
        causes of maternal deaths in such country, including deaths due 
        to unsafe abortions;
            ``(4) wherever applicable, a description of the nature and 
        extent of instances of discrimination, coercion, and violence 
        against women and girls in health care settings in such 
        country, and the actions, if any, taken by the government of 
        such country to respond to such discrimination, coercion, and 
        violence; and
            ``(5) wherever applicable, a description of the nature and 
        extent of instances of denial of comprehensive and accurate 
        family planning information and services in such country, and 
        the actions, if any, taken by the government of such country to 
        respond to such denials.''.
    (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 women and girls' human rights, including local civil 
        society organizations whenever possible; and
            (2) local organizations in all countries included in such 
        Reports, including women and girls' organizations focused on 
        sexual and reproductive health and rights.
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