[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 822 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 822
To terminate the Department of Defense memorandum relating to access to
abortions, to prohibit the use of travel and transportation allowances,
medical convalescent leave, and administrative absences to travel to
obtain abortions, and for other purposes.
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IN THE SENATE OF THE UNITED STATES
March 15, 2023
Ms. Ernst (for herself, Mr. Wicker, Mr. Daines, Mr. Cramer, Mrs.
Blackburn, Mr. Budd, Mr. Tillis, Mr. Scott of Florida, Mr. Hawley, Mr.
Lee, Mrs. Hyde-Smith, Mr. Braun, Mr. Cotton, Mr. Graham, Mr. Ricketts,
Mr. Hoeven, Mr. Lankford, Mr. Kennedy, Mr. Tuberville, Mr. Risch, Mr.
Vance, Mr. Crapo, Mr. Barrasso, Mr. Cornyn, Mr. Boozman, Mrs. Britt,
Mrs. Fischer, Mr. Rubio, Mr. Thune, Mr. Scott of South Carolina, Mr.
Cassidy, Mr. Hagerty, Ms. Lummis, Mr. Rounds, Mr. Schmitt, Mr. Mullin,
and Mr. Sullivan) introduced the following bill; which was read twice
and referred to the Committee on Armed Services
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A BILL
To terminate the Department of Defense memorandum relating to access to
abortions, to prohibit the use of travel and transportation allowances,
medical convalescent leave, and administrative absences to travel to
obtain abortions, 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 ``Modification to Department of
Defense Travel Authorities for Abortion-Related Expenses Act of 2023''.
SEC. 2. TERMINATION OF DEPARTMENT OF DEFENSE MEMORANDUM RELATING TO
ACCESS TO ABORTIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) consistent with section 1093 of title 10, United States
Code, the Department of Defense may not use any funds for
abortions except in a case in which the life of the mother
would be endangered if the fetus were carried to term or in
which the pregnancy is the result of an act of rape or incest;
(2) the Secretary of Defense has no legal authority to
implement any policies under which funds are to be used for
that purpose; and
(3) the Department of Defense memorandum entitled
``Ensuring Access to Reproductive Health Care'', dated October
20, 2022, is therefore in direct conflict with section 1093 of
title 10, United States Code, and the intent of Congress, and
must be rescinded.
(b) Termination of Memorandum.--
(1) In general.--The Department of Defense memorandum
entitled ``Ensuring Access to Reproductive Health Care'', dated
October 20, 2022, shall have no force or effect.
(2) Prohibition on availability of funds to carry out
memorandum.--None of the funds authorized to be appropriated or
otherwise made available to the Department of Defense may be
obligated or expended to carry out the memorandum described in
paragraph (1) or any successor to such memorandum.
SEC. 3. PROHIBITION ON PROVISION OF TRAVEL AND TRANSPORTATION
ALLOWANCES TO OBTAIN ABORTIONS.
(a) In General.--Section 452 of title 37, United States Code, is
amended by adding at the end the following new subsection:
``(j) Prohibition on Allowances To Obtain Abortions.--The Secretary
of Defense may not provide transportation-, lodging-, meals-in-kind, or
any actual or necessary expenses of travel or transportation, for, or
in connection with, official travel under circumstances as specified in
regulations prescribed under section 464 of this title for a member of
the Armed Forces or a dependent of such a member seeking an abortion or
any abortion-related service, except in a case in which the life of the
mother would be endangered if the fetus were carried to term or the
pregnancy is the result of an act of rape or incest.''.
(b) Prohibition on Considering Limited Access to Abortions as
Unusual, Extraordinary, Hardship, or Emergency Circumstances.--Section
453(d) of title 37, United States Code, is amended--
(1) by inserting ``(1)'' before ``An authorized traveler'';
and
(2) by adding at the end the following new paragraph:
``(2) The access of a member of the Armed Forces or a dependent of
such a member to an abortion or abortion-related services being limited
because of the duty location of the member does not constitute an
unusual, extraordinary, hardship, or emergency circumstance for the
purposes of section 452 of title 37, United States Code, except in a
case in which the life of the mother would be endangered if the fetus
were carried to term or the pregnancy is the result of an act of rape
or incest.''.
SEC. 4. PROHIBITION ON USE OF MEDICAL CONVALESCENT LEAVE OR
ADMINISTRATIVE ABSENCES FOR TRAVEL TO OBTAIN ABORTIONS.
(a) In General.--Chapter 40 of title 10, United States Code, is
amended by inserting after section 701 the following new section:
``Sec. 701a. Prohibition on use of medical convalescent leave or
administrative absences for travel to obtain abortions
``A member of the Armed Forces may not take convalescent leave
under section 701(m) or use an administrative absence for travel for
the purposes of obtaining an abortion or abortion-related service,
except in a case in which the life of the mother would be endangered if
the fetus were carried to term or the pregnancy is the result of an act
of rape or incest.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 40 of such title is amended by inserting after the item
relating to section 701 the following new item:
``701a. Prohibition on use of medical convalescent leave or
administrative absences for travel to
obtain abortions.''.
SEC. 5. RULE OF CONSTRUCTION.
(a) In General.--Nothing in this Act or an amendment made by this
Act may be construed to affect the treatment of any infection, injury,
disease, or disorder that has been caused by or exacerbated by the
performance of an abortion.
(b) Applicability.--Subsection (a) applies without regard to
whether--
(1) the abortion was performed in accordance with Federal
or State law; or
(2) funding for the abortion is permissible under section
1093 of title 10, United States Code.
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