II 

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 

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. 

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 ‘‘Modification to De3 partment of Defense Travel Authorities for Abortion-Re4 lated Expenses Act of 2023’’. 

5 SEC. 2. TERMINATION OF DEPARTMENT OF DEFENSE 

6 MEMORANDUM RELATING TO ACCESS TO 

7 ABORTIONS. 

8 (a) SENSE OF CONGRESS.—It is the sense of Con9 gress that— 

10 (1) consistent with section 1093 of title 10, 

11 United States Code, the Department of Defense may 

12 not use any funds for abortions except in a case in 

13 which the life of the mother would be endangered if 

14 the fetus were carried to term or in which the preg15 nancy is the result of an act of rape or incest; 

16 (2) the Secretary of Defense has no legal au17 thority to implement any policies under which funds 

18 are to be used for that purpose; and 

19 (3) the Department of Defense memorandum 

20 entitled ‘‘Ensuring Access to Reproductive Health 

21 Care’’, dated October 20, 2022, is therefore in direct 

22 conflict with section 1093 of title 10, United States 

23 Code, and the intent of Congress, and must be re24 scinded. 

25 (b) TERMINATION OF MEMORANDUM.— 


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1 (1) IN GENERAL.—The Department of Defense 

2 memorandum entitled ‘‘Ensuring Access to Repro3 ductive Health Care’’, dated October 20, 2022, shall 

4 have no force or effect. 

5 (2) PROHIBITION ON AVAILABILITY OF FUNDS

6 TO CARRY OUT MEMORANDUM.—None of the funds 

7 authorized to be appropriated or otherwise made 

8 available to the Department of Defense may be obli9 gated or expended to carry out the memorandum de10 scribed in paragraph (1) or any successor to such 

11 memorandum. 

12 SEC. 3. PROHIBITION ON PROVISION OF TRAVEL AND 

13 TRANSPORTATION ALLOWANCES TO OBTAIN 

14 ABORTIONS. 

15 (a) IN GENERAL.—Section 452 of title 37, United 

16 States Code, is amended by adding at the end the fol17 lowing new subsection: 

18 ‘‘(j) PROHIBITION ON ALLOWANCES TO OBTAIN

19 ABORTIONS.—The Secretary of Defense may not provide 

20 transportation-, lodging-, meals-in-kind, or any actual or 

21 necessary expenses of travel or transportation, for, or in 

22 connection with, official travel under circumstances as 

23 specified in regulations prescribed under section 464 of 

24 this title for a member of the Armed Forces or a depend25 ent of such a member seeking an abortion or any abortionVerDate Sep 11 2014 23:32 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S822.IS S822

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1 related service, except in a case in which the life of the 

2 mother would be endangered if the fetus were carried to 

3 term or the pregnancy is the result of an act of rape or 

4 incest.’’. 

5 (b) PROHIBITION ON CONSIDERING LIMITED ACCESS

6 TO ABORTIONS AS UNUSUAL, EXTRAORDINARY, HARD7 SHIP, OR EMERGENCY CIRCUMSTANCES.—Section 453(d) 

8 of title 37, United States Code, is amended— 

9 (1) by inserting ‘‘(1)’’ before ‘‘An authorized 

10 traveler’’; and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2) The access of a member of the Armed Forces 

14 or a dependent of such a member to an abortion or abor15 tion-related services being limited because of the duty loca16 tion of the member does not constitute an unusual, ex17 traordinary, hardship, or emergency circumstance for the 

18 purposes of section 452 of title 37, United States Code, 

19 except in a case in which the life of the mother would be 

20 endangered if the fetus were carried to term or the preg21 nancy is the result of an act of rape or incest.’’. 


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1 SEC. 4. PROHIBITION ON USE OF MEDICAL CONVALESCENT 

2 LEAVE OR ADMINISTRATIVE ABSENCES FOR 

3 TRAVEL TO OBTAIN ABORTIONS. 

4 (a) IN GENERAL.—Chapter 40 of title 10, United 

5 States Code, is amended by inserting after section 701 the 

6 following new section: 

7 ‘‘§ 701a. Prohibition on use of medical convalescent 

8 leave or administrative absences for trav9 el to obtain abortions 

10 ‘‘A member of the Armed Forces may not take con11 valescent leave under section 701(m) or use an adminis12 trative absence for travel for the purposes of obtaining an 

13 abortion or abortion-related service, except in a case in 

14 which the life of the mother would be endangered if the 

15 fetus were carried to term or the pregnancy is the result 

16 of an act of rape or incest.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of chapter 40 of such title is amended 

19 by inserting after the item relating to section 701 the fol20 lowing new item: 

‘‘701a. Prohibition on use of medical convalescent leave or administrative absences for travel to obtain abortions.’’. 

21 SEC. 5. RULE OF CONSTRUCTION. 

22 (a) IN GENERAL.—Nothing in this Act or an amend23 ment made by this Act may be construed to affect the 

24 treatment of any infection, injury, disease, or disorder that 


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1 has been caused by or exacerbated by the performance of 

2 an abortion. 

3 (b) APPLICABILITY.—Subsection (a) applies without 

4 regard to whether— 

5 (1) the abortion was performed in accordance 

6 with Federal or State law; or 

7 (2) funding for the abortion is permissible 

8 under section 1093 of title 10, United States Code. 

Æ 


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