```

[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
```