II 

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. 


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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 ‘‘Modification to De5 partment of Defense Travel Authorities for Abortion-Re6 lated Expenses Act of 2023’’. 

7 SEC. 2. TERMINATION OF DEPARTMENT OF DEFENSE 

8 MEMORANDUM RELATING TO ACCESS TO 

9 ABORTIONS. 

10 (a) SENSE OF CONGRESS.—It is the sense of Con11 gress that— 

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

13 United States Code, the Department of Defense may 

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

15 which the life of the mother would be endangered if 

16 the fetus were carried to term or in which the preg17 nancy is the result of an act of rape or incest; 

18 (2) the Secretary of Defense has no legal au19 thority to implement any policies under which funds 

20 are to be used for that purpose; and 

21 (3) the Department of Defense memorandum 

22 entitled ‘‘Ensuring Access to Reproductive Health 

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

24 conflict with section 1093 of title 10, United States 


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1 Code, and the intent of Congress, and must be re2 scinded. 

3 (b) TERMINATION OF MEMORANDUM.— 

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

5 memorandum entitled ‘‘Ensuring Access to Repro6 ductive Health Care’’, dated October 20, 2022, shall 

7 have no force or effect. 

8 (2) PROHIBITION ON AVAILABILITY OF FUNDS

9 TO CARRY OUT MEMORANDUM.—None of the funds 

10 authorized to be appropriated or otherwise made 

11 available to the Department of Defense may be obli12 gated or expended to carry out the memorandum de13 scribed in paragraph (1) or any successor to such 

14 memorandum. 

15 SEC. 3. PROHIBITION ON PROVISION OF TRAVEL AND 

16 TRANSPORTATION ALLOWANCES TO OBTAIN 

17 ABORTIONS. 

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

19 States Code, is amended by adding at the end the fol20 lowing new subsection: 

21 ‘‘(j) PROHIBITION ON ALLOWANCES TO OBTAIN

22 ABORTIONS.—The Secretary of Defense may not provide 

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

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

25 connection with, official travel under circumstances as 


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1 specified in regulations prescribed under section 464 of 

2 this title for a member of the Armed Forces or a depend3 ent of such a member seeking an abortion or any abortion4 related service, except in a case in which the life of the 

5 mother would be endangered if the fetus were carried to 

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

7 incest.’’. 

8 (b) PROHIBITION ON CONSIDERING LIMITED ACCESS

9 TO ABORTIONS AS UNUSUAL, EXTRAORDINARY, HARD10 SHIP, OR EMERGENCY CIRCUMSTANCES.—Section 453(d) 

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

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

13 traveler’’; and 

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

15 paragraph: 

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

17 or a dependent of such a member to an abortion or abor18 tion-related services being limited because of the duty loca19 tion of the member does not constitute an unusual, ex20 traordinary, hardship, or emergency circumstance for the 

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

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

23 endangered if the fetus were carried to term or the preg24 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. 

9 SEC. 2. BRIEFING OR REPORT ON IMPLEMENTATION OF 

10 CERTAIN POLICIES OF THE DEPARTMENT OF 

11 DEFENSE RELATING TO ABORTION. 

12 (a) IN GENERAL.—Not later than July 24, 2023, the 

13 Secretary of Defense, in consultation with the Attorney 

14 General and the Defense Advisory Committee on Women in 

15 the Services, shall provide to the Committees on Armed 

16 Services of the Senate and the House of Representatives a 

17 briefing or a report that contains an assessment of the fol18 lowing: 

19 (1) The legality of the implementation by the De20 partment of Defense of policies allowing members of 

21 the Armed Forces to seek medical procedures that are 

22 not covered by the Department, including elective 

23 abortions, including with respect to— 


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1 (A) existing requirements and prohibitions 

2 relating to abortion under section 1093 of title 

3 10, United States Code; and 

4 (B) the rule submitted by the Department of 

5 Health and Human Services relating to ‘‘Ensur6 ing Access to Equitable, Affordable, Client-Cen7 tered, Quality Family Planning Services’’ (86 

8 Fed. Reg. 19812; published April 15, 2021). 

9 (2) The oversight functions of the Department of 

10 Defense in preventing abuse of policies described in 

11 paragraph (1). 

12 (3) The ability of those polices to cover medical 

13 services for late-stage elective abortions after 20 weeks 

14 gestation. 

15 (4) The approval process necessary for a member 

16 of the Armed Forces to request coverage under those 

17 policies. 

18 (5) The requirement of approval by multiple 

19 physicians to be covered under those policies. 

20 (6) The applicability of those policies to the fam21 ily members of members of the Armed Forces. 

22 (7) The protections in place for members of the 

23 Armed Forces who choose to utilize those policies. 

24 (8) The reproductive health care services that are 

25 not covered by the Department of Defense that have 


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1 been accessed pursuant to those policies as of the date 

2 of the briefing or report, as the case may be. 

3 (9) Whether or not the provisions of S. 822 of the 

4 118th Congress, as introduced on March 15, 2023— 

5 (A) return the Department to the standard 

6 held before those policies were implemented; and 

7 (B) do not restrict access to health care not 

8 covered by the Department further than the 

9 standard held before those policies were imple10 mented. 

11 (b) PROTECTION OF PERSONALLY IDENTIFIABLE IN12 FORMATION.—In providing the briefing or report, as the 

13 case may be, required under subsection (a), the Secretary 

14 of Defense shall— 

15 (1) observe all protections required under the 

16 Health Insurance Portability and Accountability Act 

17 of 1996 (Public Law 106–191), or any other provi18 sion of law; and 

19 (2) take any necessary precautions to prevent the 

20 disclosure of any personal identifiable information of 

21 individuals included within the population assessed 

22 for purposes of such briefing or report, as the case 

23 may be. 


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Calendar No. 146 

118TH CONGRESS 

1ST SESSION S. 822 

A BILL 

To terminate the Department of Defense memofor other purposes. trative absences to travel to obtain abortions, and ances, medical convalescent leave, and adminis- hibit the use of travel and transportation allow- randum relating to access to abortions, to proJULY 25, 2023 

Reported with an amendment 


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