[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 822 Reported in Senate (RS)]
<DOC>
Calendar No. 146
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.
_______________________________________________________________________
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
July 25, 2023
Reported by Mr. Reed, with an amendment
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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''.
<DELETED>SEC. 2. TERMINATION OF DEPARTMENT OF DEFENSE MEMORANDUM
RELATING TO ACCESS TO ABORTIONS.</DELETED>
<DELETED> (a) Sense of Congress.--It is the sense of Congress that--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) the Secretary of Defense has no legal
authority to implement any policies under which funds are to be
used for that purpose; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Termination of Memorandum.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. PROHIBITION ON PROVISION OF TRAVEL AND TRANSPORTATION
ALLOWANCES TO OBTAIN ABORTIONS.</DELETED>
<DELETED> (a) In General.--Section 452 of title 37, United States
Code, is amended by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by inserting ``(1)'' before ``An authorized
traveler''; and</DELETED>
<DELETED> (2) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 4. PROHIBITION ON USE OF MEDICAL CONVALESCENT LEAVE OR
ADMINISTRATIVE ABSENCES FOR TRAVEL TO OBTAIN
ABORTIONS.</DELETED>
<DELETED> (a) In General.--Chapter 40 of title 10, United States
Code, is amended by inserting after section 701 the following new
section:</DELETED>
<DELETED>``Sec. 701a. Prohibition on use of medical convalescent leave
or administrative absences for travel to obtain
abortions</DELETED>
<DELETED> ``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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``701a. Prohibition on use of medical convalescent leave or
administrative absences for travel to
obtain abortions.''.
<DELETED>SEC. 5. RULE OF CONSTRUCTION.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Applicability.--Subsection (a) applies without regard
to whether--</DELETED>
<DELETED> (1) the abortion was performed in accordance with
Federal or State law; or</DELETED>
<DELETED> (2) funding for the abortion is permissible under
section 1093 of title 10, United States Code.</DELETED>
SEC. 2. BRIEFING OR REPORT ON IMPLEMENTATION OF CERTAIN POLICIES OF THE
DEPARTMENT OF DEFENSE RELATING TO ABORTION.
(a) In General.--Not later than July 24, 2023, the Secretary of
Defense, in consultation with the Attorney General and the Defense
Advisory Committee on Women in the Services, shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing or a report that contains an assessment of
the following:
(1) The legality of the implementation by the Department of
Defense of policies allowing members of the Armed Forces to
seek medical procedures that are not covered by the Department,
including elective abortions, including with respect to--
(A) existing requirements and prohibitions relating
to abortion under section 1093 of title 10, United
States Code; and
(B) the rule submitted by the Department of Health
and Human Services relating to ``Ensuring Access to
Equitable, Affordable, Client-Centered, Quality Family
Planning Services'' (86 Fed. Reg. 19812; published
April 15, 2021).
(2) The oversight functions of the Department of Defense in
preventing abuse of policies described in paragraph (1).
(3) The ability of those polices to cover medical services
for late-stage elective abortions after 20 weeks gestation.
(4) The approval process necessary for a member of the
Armed Forces to request coverage under those policies.
(5) The requirement of approval by multiple physicians to
be covered under those policies.
(6) The applicability of those policies to the family
members of members of the Armed Forces.
(7) The protections in place for members of the Armed
Forces who choose to utilize those policies.
(8) The reproductive health care services that are not
covered by the Department of Defense that have been accessed
pursuant to those policies as of the date of the briefing or
report, as the case may be.
(9) Whether or not the provisions of S. 822 of the 118th
Congress, as introduced on March 15, 2023--
(A) return the Department to the standard held
before those policies were implemented; and
(B) do not restrict access to health care not
covered by the Department further than the standard
held before those policies were implemented.
(b) Protection of Personally Identifiable Information.--In
providing the briefing or report, as the case may be, required under
subsection (a), the Secretary of Defense shall--
(1) observe all protections required under the Health
Insurance Portability and Accountability Act of 1996 (Public
Law 106-191), or any other provision of law; and
(2) take any necessary precautions to prevent the
disclosure of any personal identifiable information of
individuals included within the population assessed for
purposes of such briefing or report, as the case may be.
Calendar No. 146
118th CONGRESS
1st Session
S. 822
_______________________________________________________________________
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.
_______________________________________________________________________
July 25, 2023
Reported with an amendment