I 

117TH CONGRESS 

1ST SESSION H. R. 3576 

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 HOUSE OF REPRESENTATIVES 

MAY 28, 2021 

Ms. CLARK of Massachusetts (for herself, Mr. MEEKS, Ms. LEE of California, 

Ms. MENG, Ms. LOIS FRANKEL of Florida, Mrs. TORRES of California, 

Ms. JACOBS of California, Mr. AGUILAR, Mr. AUCHINCLOSS, Ms. 

BARRAGA ́N, Ms. BASS, Mrs. BEATTY, Mr. BERA, Mr. BEYER, Mr. BLUMENAUER, Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BOWMAN, Mr. 

BROWN, Ms. BROWNLEY, Ms. BUSH, Mr. CARBAJAL, Mr. CARSON, Mr. 

CARTWRIGHT, Mr. CASE, Mr. CASTEN, Ms. CHU, Mr. CICILLINE, Ms. 

CLARKE of New York, Mr. COHEN, Mrs. WATSON COLEMAN, Mr. CONNOLLY, Mr. COOPER, Mr. COSTA, Mr. CRIST, Mr. DANNY K. DAVIS of 

Illinois, Ms. DEAN, Mr. DEFAZIO, Ms. DEGETTE, Ms. DELAURO, Ms. 

DELBENE, Mr. DELGADO, Mr. DESAULNIER, Mr. DEUTCH, Mrs. DINGELL, Mr. ESPAILLAT, Mr. EVANS, Mrs. FLETCHER, Mr. FOSTER, Ms. 

GARCIA of Texas, Mr. GARCI ́A of Illinois, Mr. GOMEZ, Mr. GREEN of 

Texas, Mr. GRIJALVA, Ms. HOULAHAN, Mr. HUFFMAN, Ms. JACKSON

LEE, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Mr. JONES, Mr. KEATING, 

Ms. KELLY of Illinois, Mr. KHANNA, Mr. KILDEE, Mr. KILMER, Mr. 

KIND, Mrs. KIRKPATRICK, Mr. KRISHNAMOORTHI, Ms. KUSTER, Mrs. 

LAWRENCE, Mr. LEVIN of Michigan, Mr. LIEU, Mr. LOWENTHAL, Mrs. 

CAROLYN B. MALONEY of New York, Ms. MATSUI, Mrs. MCBATH, Ms. 

MCCOLLUM, Mr. MCEACHIN, Mr. MCGOVERN, Ms. MOORE of Wisconsin, 

Mr. MORELLE, Mr. MOULTON, Mr. NADLER, Mrs. NAPOLITANO, Mr. 

NEGUSE, Ms. NEWMAN, Ms. NORTON, Ms. OMAR, Mr. PANETTA, Mr. 

PAPPAS, Mr. PAYNE, Ms. PINGREE, Mr. POCAN, Ms. PRESSLEY, Mr. 

PRICE of North Carolina, Mr. QUIGLEY, Mr. RASKIN, Miss RICE of New 

York, Ms. ROSS, Mr. RUPPERSBERGER, Mr. RYAN, Ms. SA ́NCHEZ, Mr. 

SARBANES, Ms. SCANLON, Ms. SCHAKOWSKY, Ms. SCHRIER, Ms. SEWELL, Mr. SHERMAN, Ms. SHERRILL, Mr. SIRES, Mr. SMITH of Washington, Mr. SOTO, Ms. SPEIER, Ms. STRICKLAND, Mr. SWALWELL, Mr. 

TAKANO, Ms. TITUS, Ms. TLAIB, Mr. TONKO, Mr. TORRES of New York, 

Mrs. TRAHAN, Mr. TRONE, Ms. UNDERWOOD, Mr. VARGAS, Ms. 

VELA ́ZQUEZ, Ms. WASSERMAN SCHULTZ, Ms. WATERS, Mr. WELCH, Ms. 

WEXTON, Ms. WILLIAMS of Georgia, Ms. WILSON of Florida, and Mr. 


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YARMUTH) introduced the following bill; which was referred to the Committee on Foreign Affairs 

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. 

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

3 SECTION 1. SHORT TITLE. 

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

5 are Human Rights Act of 2021’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The United States has joined the inter9 national community in identifying reproductive 

10 rights as human rights, including in connection with 

11 the 1994 International Conference on Population 

12 and Development, the 1995 Beijing World Con13 ference on Women, and through its ratification of 

14 the International Covenant on Civil and Political 

15 Rights, done at New York December 19, 1966 (re16 ferred to in this Act as ‘‘ICCPR’’), the International 

17 Convention on the Elimination of All Forms of Ra18 cial Discrimination, done at New York December 21, 


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1 1965, and the Convention against Torture and 

2 Other Cruel, Inhuman or Degrading Treatment or 

3 Punishment, done at New York December 10, 1984. 

4 (2) General comment No. 36 (2018) on article 

5 6 of the ICCPR, which was adopted by the Human 

6 Rights Committee on October 30, 2018, asserts that 

7 States parties— 

8 (A) should ensure access for all persons to 

9 ‘‘quality and evidence-based information and 

10 education about sexual and reproductive health 

11 and to a wide range of affordable contraceptive 

12 methods’’; 

13 (B) ‘‘must provide safe, legal, and effective 

14 access to abortion where the life and health of 

15 the pregnant woman or girl is at risk, or where 

16 carrying a pregnancy to term would cause the 

17 pregnant woman or girl substantial pain or suf18 fering, most notably where pregnancy is the re19 sult of rape or incest or is not viable’’; 

20 (C) ‘‘ensure the availability of, and effec21 tive access to, quality prenatal and post-abor22 tion health care for women and girls’’; and 

23 (D) must not impose restrictions on the 

24 ability of women or girls to seek abortion in a 

25 manner that jeopardizes their lives, subjects 


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1 them to physical or mental pain or suffering, 

2 discriminates against them, arbitrarily inter3 feres with their privacy, or places them at risk 

4 of undertaking unsafe abortions. 

5 (3) Reproductive coercion, which is any behav6 ior that interferes with autonomous decision making 

7 about reproductive health outcomes, is a violation of 

8 human rights. 

9 (4) Lesbian, gay, bisexual, transgender, queer, 

10 and intersex persons (LGBTQI+) face stigma and 

11 discrimination in accessing reproductive health serv12 ices, and barriers, including anti-LGBTQI+ laws, 

13 policies, and gender norms in countries. The denial 

14 of access to sexual and reproductive health care and 

15 associated human rights violations due to these bar16 riers should be reported in relevant Department of 

17 State Annual Country Reports on Human Rights 

18 Practices. 

19 (5) Human rights are grounded in international 

20 standards. The Department of State’s deletion of 

21 the reproductive rights subsection from its 2017, 

22 2018, and 2019 Country Reports on Human Rights 

23 Practices inappropriately politicized human rights of 

24 people around the world. 


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1 (6) Limiting reproductive rights also limits 

2 pathways to economic, social, and political empower3 ment. Sexual and reproductive health and rights are 

4 essential for sustainable economic development, are 

5 intrinsically linked to gender equality and women’s 

6 well-being, and are critical to community health. 

7 (7) The global COVID–19 pandemic has placed 

8 at risk the fulfillment of reproductive rights. The 

9 United Nations Office of the High Commissioner for 

10 Human Rights has raised concerns that overloaded 

11 health systems, shortages of medical supplies, and 

12 disruptions of global supply chains have undermined 

13 the sexual and reproductive health and rights of in14 dividuals. 

15 SEC. 3. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 

16 PRACTICES. 

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

18 1961 (22 U.S.C. 2151 et seq.) is amended— 

19 (1) in section 116(d) (22 U.S.C. 2151n(d)), by 

20 amending paragraph (2) to read as follows: 

21 ‘‘(2) the status of reproductive rights in each 

22 country, including— 

23 ‘‘(A) whether such country has adopted 

24 and enforced policies— 


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1 ‘‘(i) to promote access to safe, effec2 tive, and affordable methods of contracep3 tion and comprehensive, accurate, non4 discriminatory family planning and sexual 

5 health information; 

6 ‘‘(ii) to promote access to a full range 

7 of quality health care services to ensure 

8 safe and healthy pregnancy and childbirth 

9 free from violence and discrimination; 

10 ‘‘(iii) to promote the equitable preven11 tion, detection, and treatment of sexually 

12 transmitted infections, including HIV and 

13 HPV, and of reproductive tract infections 

14 and reproductive cancers; and 

15 ‘‘(iv) to expand or restrict access to 

16 safe abortion services or post-abortion 

17 care, or to criminalize pregnancy-related 

18 outcomes, including spontaneous mis19 carriages or pregnancies outside of mar20 riage; 

21 ‘‘(B) a description of the rates and causes 

22 of pregnancy-related injuries and deaths, in23 cluding deaths due to unsafe abortions; 

24 ‘‘(C) a description of— 


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1 ‘‘(i) the nature and extent of in2 stances of discrimination, coercion, and vi3 olence against women, girls, and 

4 LGBTQI+ individuals in all settings 

5 where health care is provided, including in 

6 detention; 

7 ‘‘(ii) instances of obstetric violence, 

8 involuntary or coerced abortion, involun9 tary or coerced pregnancy, coerced steri10 lization, use of incentives or disincentives 

11 to lower or raise fertility, withholding of 

12 information on reproductive health options, 

13 and other forms of reproductive and sexual 

14 coercion; and 

15 ‘‘(iii) the actions, if any, taken by the 

16 government of such country to respond to 

17 such discrimination, coercion, and violence, 

18 if applicable; 

19 ‘‘(D) a description of— 

20 ‘‘(i) the proportion of individuals of 

21 reproductive age (15 through 49 years of 

22 age) whose need for family planning is sat23 isfied with modern methods; 

24 ‘‘(ii) the barriers such individuals face 

25 in accessing such services; 


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1 ‘‘(iii) the nature and extent of in2 stances of denial of comprehensive and ac3 curate family planning information and 

4 services in such country; and 

5 ‘‘(iv) the actions, if any, taken by the 

6 government of such country to address 

7 such denials; and 

8 ‘‘(E) a description of— 

9 ‘‘(i) disparities in access to family 

10 planning and reproductive health services 

11 and pregnancy-related health outcomes, in12 cluding pregnancy-related injuries and 

13 deaths, based on race, ethnicity, indigenous 

14 status, language, religious affiliation, or 

15 other marginalized identity; and 

16 ‘‘(ii) any measures taken by the gov17 ernment of such country to hold health 

18 systems accountable for addressing such 

19 disparities;’’; and 

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

21 (A) by redesignating the second subsection 

22 (i) (relating to child marriage status) as sub23 section (j); and 

24 (B) by adding at the end the following: 


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1 ‘‘(k) INCLUSION OF STATUS OF REPRODUCTIVE

2 RIGHTS IN ANNUAL COUNTRY REPORTS ON HUMAN

3 RIGHTS PRACTICES.—The report required under sub4 section (b) shall include a description of the status of re5 productive rights in each country, including— 

6 ‘‘(1) whether such country has adopted and en7 forced policies— 

8 ‘‘(A) to promote access to safe, effective, 

9 and affordable methods of contraception and 

10 comprehensive, accurate, non-discriminatory 

11 family planning and sexual health information; 

12 ‘‘(B) to promote access to a full range of 

13 quality health care services to ensure safe and 

14 healthy pregnancy and childbirth, free from vio15 lence and discrimination; 

16 ‘‘(C) to promote the equitable prevention, 

17 detection, and treatment of sexually transmitted 

18 infections, including HIV and HPV, and of re19 productive tract infections and reproductive 

20 cancers; and 

21 ‘‘(D) to expand or restrict access to safe 

22 abortion services or post-abortion care, or crim23 inalize pregnancy-related outcomes, including 

24 spontaneous miscarriages and pregnancies out25 side of marriage; 


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1 ‘‘(2) a description of the rates and causes of 

2 pregnancy-related injuries and deaths, including 

3 deaths due to unsafe abortions; 

4 ‘‘(3) a description of— 

5 ‘‘(A) the nature and extent of instances of 

6 discrimination, coercion, and violence against 

7 women, girls and LGBTQI+ individuals in all 

8 settings where health care is provided, including 

9 in detention; 

10 ‘‘(B) instances of coerced abortion, coerced 

11 pregnancy, coerced sterilization, use of incen12 tives or disincentives to lower or raise fertility, 

13 withholding of information on reproductive 

14 health options, and other forms of reproductive 

15 and sexual coercion; and 

16 ‘‘(C) the actions, if any, taken by the gov17 ernment of such country to respond to such dis18 crimination, coercion, and violence, if applica19 ble; 

20 ‘‘(4) a description of— 

21 ‘‘(A) the proportion of individuals of repro22 ductive age (15 through 49 years of age) whose 

23 need for family planning is satisfied with mod24 ern methods; 


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1 ‘‘(B) the barriers such individuals face in 

2 accessing such services; 

3 ‘‘(C) the nature and extent of instances of 

4 denial of comprehensive and accurate family 

5 planning information and services in such coun6 try; and 

7 ‘‘(D) the actions, if any, taken by the gov8 ernment of such country to respond to such de9 nials; and 

10 ‘‘(5) a description of— 

11 ‘‘(A) disparities in access to family plan12 ning and reproductive health services and preg13 nancy-related health outcomes, including preg14 nancy-related injuries and deaths, based on 

15 race, ethnicity, indigenous status, language, re16 ligious affiliation, or other marginalized iden17 tity; and 

18 ‘‘(B) any measures taken by the govern19 ment of such country to hold health systems ac20 countable for addressing such disparities.’’. 

21 (b) CONSULTATION REQUIRED.—In preparing the 

22 Annual Country Reports on Human Rights Practices re23 quired under sections 116(d) and 502B of the Foreign As24 sistance Act of 1961, as amended by subsection (a), the 

25 Secretary of State, the Assistant Secretary of State for 


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

2 officials, including human rights officers at United States 

3 diplomatic and consular posts, shall consult with— 

4 (1) representatives of United States civil society 

5 and multilateral organizations with demonstrated ex6 perience and expertise in sexual and reproductive 

7 health and rights or promoting the human rights of 

8 women, girls, and LGBTQI+ persons; 

9 (2) relevant local nongovernmental organiza10 tions in all countries included in such reports, in11 cluding organizations serving women, girls, and 

12 LGBTQI+ persons that are focused on sexual and 

13 reproductive health and rights; and 

14 (3) relevant agencies and offices of the United 

15 States Government that track or are otherwise in16 volved in the monitoring of reproductive and sexual 

17 health around the world. 

Æ 


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