Modification to Department of Defense Travel Authorities for Abortion-Related Expenses Act of 2023

Subjects: Armed Forces and National Security


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 822 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

    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.
                                 &lt;all&gt;
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