I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Reproductive Rights 

3 are Human Rights Act of 2018’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The United States has repeatedly agreed to 

7 international agreements that identify reproductive 

8 rights as human rights, including in connection with 

9 the 1994 International Conference on Population 

10 and Development and the 1995 Beijing World Con11 ference on Women. 

12 (2) The Department of State’s deletion of the 

13 reproductive rights subsection from its 2017 Coun14 try Reports on Human Rights Practices dem15 onstrates an alarming level of politicization of 

16 human rights by the Trump Administration and un17 dermines the human rights of women around the 

18 world. 

19 (3) Restrictions on reproductive rights com20 promise entire health systems and communities, as 

21 when women’s rights are limited, so are their path22 ways to economic, social, and political empowerment. 

23 (4) Sexual health and reproductive rights are 

24 essential for sustainable economic development, are 

25 intrinsically linked to gender equality and women’s 


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1 well-being, and are critical to maternal, newborn, 

2 child, adolescent, family, and community health. 

3 SEC. 3. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 

4 PRACTICES. 

5 (a) IN GENERAL.—The Foreign Assistance Act of 

6 1961 is amended— 

7 (1) in section 116(d) (22 U.S.C. 2151n(d))— 

8 (A) in paragraph (11)(C), by striking 

9 ‘‘and’’ at the end; 

10 (B) in paragraph (12)(C)(ii), by striking 

11 the period at the end and inserting ‘‘; and’’; 

12 and 

13 (C) by adding at the end the following new 

14 paragraph: 

15 ‘‘(13) the status of reproductive rights in each 

16 country (as defined in the 1994 International Con17 ference on Population and Development Programme 

18 of Action, reiterated in the 1995 Beijing Declaration 

19 and Platform for Action, and expanded upon in Gen20 eral comment No. 36 (2018) on article 6 of the 

21 International Covenant on Civil and Political Rights, 

22 on the right to life and other authoritative interpre23 tations of binding international human rights obliga24 tions), including— 


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1 ‘‘(A) whether such country has adopted 

2 policies to— 

3 ‘‘(i) promote access to and prevalence 

4 of safe, effective, and affordable methods 

5 of contraception; 

6 ‘‘(ii) promote access to appropriate 

7 health care services to ensure safe and 

8 healthy pregnancy and childbirth, including 

9 safe and effective prenatal, childbirth, and 

10 postnatal care for both mother and child; 

11 ‘‘(iii) expand or restrict access to safe 

12 abortion services, in accordance with such 

13 country’s laws, including post-abortion 

14 care; 

15 ‘‘(iv) prevent maternal deaths; and 

16 ‘‘(v) promote the prevention, detec17 tion, and treatment of sexually transmitted 

18 infections, including HIV, and of reproduc19 tive tract infections and of reproductive 

20 cancers; 

21 ‘‘(B) information relating to the adequacy 

22 of resources, enforcement, and oversight in such 

23 country dedicated to the policies specified in 

24 subparagraph (A); 


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1 ‘‘(C) wherever applicable, a description of 

2 the rates and causes of maternal deaths in such 

3 country, including deaths due to unsafe abor4 tions; 

5 ‘‘(D) wherever applicable, a description of 

6 the nature and extent of instances of discrimi7 nation, coercion, and violence against women 

8 and girls in health care settings in such coun9 try, and the actions, if any, taken by the gov10 ernment of such country to respond to such dis11 crimination, coercion, and violence; and 

12 ‘‘(E) wherever applicable, a description of 

13 the nature and extent of instances of denial of 

14 comprehensive and accurate family planning in15 formation and services in such country, and the 

16 actions, if any, taken by the government of such 

17 country to respond to such denials.’’; and 

18 (2) in section 502B (22 U.S.C. 2304)— 

19 (A) by redesignating the second subsection 

20 (i) (relating to child marriage status) as sub21 section (j); and 

22 (B) by adding at the end the following new 

23 subsection: 

24 ‘‘(k) The report required under subsection (b) shall 

25 include the status of reproductive rights in each country 


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1 (as defined in the 1994 International Conference on Popu2 lation and Development Programme of Action, reiterated 

3 in the 1995 Beijing Declaration and Platform for Action, 

4 and expanded upon in General comment No. 36 (2018) 

5 on article 6 of the International Covenant on Civil and 

6 Political Rights, on the right to life and other authori7 tative interpretations of binding international human 

8 rights obligations), including— 

9 ‘‘(1) whether such country has adopted policies 

10 to— 

11 ‘‘(A) promote access to and prevalence of 

12 safe, effective, and affordable methods of con13 traception; 

14 ‘‘(B) promote access to appropriate health 

15 care services to ensure safe and healthy preg16 nancy and childbirth, including safe and effec17 tive prenatal, childbirth, and postnatal care for 

18 both mother and child; 

19 ‘‘(C) expand or restrict access to safe abor20 tion services, in accordance with such country’s 

21 laws, including post-abortion care; 

22 ‘‘(D) prevent maternal deaths; and 

23 ‘‘(E) promote the prevention, detection, 

24 and treatment of sexually transmitted infecVerDate Sep 11 2014 00:32 Dec 11, 2018 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7228.IH H7228

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1 tions, including HIV, and of reproductive tract 

2 infections and of reproductive cancers; 

3 ‘‘(2) information relating to the adequacy of re4 sources, enforcement, and oversight of such country 

5 dedicated to the policies specified in paragraph (1); 

6 ‘‘(3) wherever applicable, a description of the 

7 rates and causes of maternal deaths in such country, 

8 including deaths due to unsafe abortions; 

9 ‘‘(4) wherever applicable, a description of the 

10 nature and extent of instances of discrimination, co11 ercion, and violence against women and girls in 

12 health care settings in such country, and the actions, 

13 if any, taken by the government of such country to 

14 respond to such discrimination, coercion, and vio15 lence; and 

16 ‘‘(5) wherever applicable, a description of the 

17 nature and extent of instances of denial of com18 prehensive and accurate family planning information 

19 and services in such country, and the actions, if any, 

20 taken by the government of such country to respond 

21 to such denials.’’. 

22 (b) CONSULTATION REQUIRED.—In preparing the 

23 Annual Country Reports on Human Rights Practices re24 quired under sections 116(d) and 502B of the Foreign As25 sistance Act of 1961 (as amended by subsection (a)), the 


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1 Secretary of State, the Assistant Secretary of State for 

2 Democracy, Human Rights, and Labor, and other relevant 

3 officials, including human rights officers at United States 

4 diplomatic and consular posts shall consult with— 

5 (1) representatives of United States civil society 

6 and multilateral organizations with demonstrated ex7 perience and expertise in sexual and reproductive 

8 health and rights or promoting women and girls’ 

9 human rights, including local civil society organiza10 tions whenever possible; and 

11 (2) local organizations in all countries included 

12 in such Reports, including women and girls’ organi13 zations focused on sexual and reproductive health 

14 and rights. 

Æ 


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