I 
117TH CONGRESS 
1ST SESSION H. R. 2709 
To amend title 10, United States Code, to ensure that members of the 
Armed Forces and their families have access to the contraception they 
need in order to promote the health and readiness of all members 
of the Armed Forces, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 20, 2021 
Ms. SPEIER (for herself, Ms. STRICKLAND, Ms. ESCOBAR, Mr. AGUILAR, Mr. 
AUCHINCLOSS, Mr. BERA, Mr. BISHOP of Georgia, Mr. BLUMENAUER, 
Ms. BLUNT ROCHESTER, Ms. BONAMICI, Mr. BROWN, Ms. BROWNLEY, 
Ms. BUSH, Mr. CA´RDENAS, Mr. CARSON, Ms. CASTOR of Florida, Ms. 
CHU, Mr. CICILLINE, Ms. CLARKE of New York, Mr. COHEN, Mr. CON-
NOLLY, Mr. COOPER, Mr. DANNY K. DAVIS of Illinois, Ms. DEAN, Mr. 
DEFAZIO, Ms. DEGETTE, Ms. DELAURO, Ms. DELBENE, Mr. DEUTCH, 
Mr. FOSTER, Ms. LOIS FRANKEL of Florida, Mr. GALLEGO, Mr. GRI-
JALVA, Mrs. HAYES, Mr. HIMES, Mr. HORSFORD, Ms. HOULAHAN, Mr. 
HUFFMAN, Ms. JACKSON LEE, Ms. JACOBS of California, Ms. JAYAPAL, 
Mr. JOHNSON of Georgia, Mr. JONES, Mr. KEATING, Mr. KHANNA, Mr. 
KILMER, Mrs. KIRKPATRICK, Ms. KUSTER, Mr. LARSEN of Washington, 
Mrs. LAWRENCE, Mr. LAWSON of Florida, Ms. LEE of California, Mr. 
LEVIN of California, Mr. LIEU, Mr. LOWENTHAL, Mr. MALINOWSKI, Mr. 
SEAN PATRICK MALONEY of New York, Mrs. CAROLYN B. MALONEY of 
New York, Mrs. MCBATH, Ms. MCCOLLUM, Mr. MCGOVERN, Ms. MENG, 
Ms. MOORE of Wisconsin, Mr. MORELLE, Mr. MOULTON, Mr. NADLER, 
Mrs. NAPOLITANO, Mr. NEGUSE, Ms. NEWMAN, Ms. NORTON, Ms. OMAR, 
Mr. PANETTA, Mr. PAPPAS, Mr. PAYNE, Mr. PETERS, Ms. PINGREE, Ms. 
PORTER, Ms. PRESSLEY, Mr. PRICE of North Carolina, Mr. QUIGLEY, 
Mr. RASKIN, Miss RICE of New York, Ms. ROSS, Mr. RYAN, Mr. SABLAN, 
Ms. SA´NCHEZ, Mr. SARBANES, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. 
SCHIFF, Ms. SCHRIER, Mr. SHERMAN, Mr. SIRES, Mr. SWALWELL, Mr. 
TAKANO, Ms. TITUS, Mr. VEASEY, Ms. VELA´ZQUEZ, Ms. WASSERMAN 
SCHULTZ, Mr. WELCH, Ms. WILLIAMS of Georgia, Mr. YARMUTH, Mr. 
KAHELE, Mr. O’HALLERAN, and Ms. WILSON of Florida) introduced the 
following bill; which was referred to the Committee on Armed Services 
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A BILL 
To amend title 10, United States Code, to ensure that mem-
bers of the Armed Forces and their families have access 
to the contraception they need in order to promote the 
health and readiness of all members of the Armed 
Forces, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Access to Contracep-
tion for Servicemembers and Dependents Act of 2021’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Women are serving in the Armed Forces at 
increasing rates, playing a critical role in the na-
tional security of the United States. Women com-
prise more than 18 percent of members of the 
Armed Forces, and as of fiscal year 2019, over 
390,000 women serve on active duty in the Armed 
Forces or in the reserve components. An estimated 
several thousand transgender men also serve on ac-
tive duty in the Armed Forces and in the reserve 
components, in addition to non-binary members and 
those who identify with a different gender. 
(2) Ninety-five percent of women serving in the 
Armed Forces are of reproductive age and as of 
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2019, more than 700,000 female spouses and de-
pendents of members of the Armed Forces on active 
duty are of reproductive age. 
(3) The TRICARE program covered more than 
1,570,000 women of reproductive age in 2019, in-
cluding spouses and dependents of members of the 
Armed Forces on active duty. Additionally, thou-
sands of transgender dependents of members of the 
Armed Forces are covered by TRICARE. 
(4) The right to access contraception is ground-
ed in the principle that contraception and the ability 
to determine if and when to have children are inex-
tricably tied to one’s wellbeing, equality, and ability 
to determine the course of one’s life. These protec-
tions have helped access to contraception become a 
driving force in improving the health and financial 
security of individuals and their families. 
(5) Access to contraception is critical to the 
health of every individual capable of becoming preg-
nant. This Act is intended to apply to all individuals 
with the capacity for pregnancy, including cisgender 
women, transgender men, non-binary individuals, 
those who identify with a different gender, and oth-
ers. 
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(6) Studies have shown that when cost barriers 
to the full range of methods of contraception are 
eliminated, patients are more likely to use the con-
traceptive method that meets their needs, and there-
fore use contraception correctly and more consist-
ently, reducing the risk of unintended pregnancy. 
(7) Under the TRICARE program, members of 
the Armed Forces on active duty have full coverage 
of all prescription drugs, including contraception, 
without cost-sharing requirements, in line with the 
Patient Protection and Affordable Care Act (Public 
Law 111–148), which requires coverage of all con-
traceptive methods approved by the Food and Drug 
Administration for women and related services and 
education and counseling. However, members not on 
active duty and dependents of members do not have 
similar coverage of all methods of contraception ap-
proved by the Food and Drug Administration with-
out cost-sharing when they obtain the contraceptive 
outside of a military medical treatment facility. 
(8) In order to fill gaps in coverage and access 
to preventive care critical for women’s health, the 
Patient Protection and Affordable Care Act (Public 
Law 111–148) requires all non-grandfathered indi-
vidual and group health plans to cover without cost- 
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sharing preventive services, including a set of evi-
dence-based preventive services for women supported 
by the Health Resources and Services Administra-
tion of the Department of Health and Human Serv-
ices. These women’s preventive services include the 
full range of female-controlled contraceptive meth-
ods, effective family planning practices, and steriliza-
tion procedures, approved by the Food and Drug 
Administration. The Health Resources and Services 
Administration has affirmed that contraceptive care 
includes contraceptive counseling, initiation of con-
traceptive use, and follow-up care (such as manage-
ment, evaluation, and changes to and removal or dis-
continuation of the contraceptive method). 
(9) The Defense Advisory Committee on 
Women in the Services has recommended that all 
the Armed Forces, to the extent that they have not 
already, implement initiatives that inform members 
of the Armed Forces of the importance of family 
planning, educate them on methods of contraception, 
and make various methods of contraception avail-
able, based on the finding that family planning can 
increase the overall readiness and quality of life of 
all members of the Armed Forces. 
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(10) The military departments received more 
than 7,800 reports of sexual assaults involving mem-
bers of the Armed Forces as victims or subjects dur-
ing fiscal year 2019. Through regulations, the De-
partment of Defense already supports a policy of en-
suring that members of the Armed Forces who are 
sexually assaulted have access to emergency contra-
ception, and the initiation of contraception if desired 
and medically appropriate. 
SEC. 3. CONTRACEPTION COVERAGE PARITY UNDER THE 
TRICARE PROGRAM. 
(a) 
PHARMACY
BENEFITS
PROGRAM.—Section 
1074g(a)(6) of title 10, United States Code, is amended 
by adding at the end the following new subparagraph: 
‘‘(D) Notwithstanding subparagraphs (A), (B), 
and (C), cost-sharing may not be imposed or col-
lected with respect to any eligible covered beneficiary 
for any prescription contraceptive on the uniform 
formulary provided through a retail pharmacy de-
scribed in paragraph (2)(E)(ii) or through the na-
tional mail-order pharmacy program.’’. 
(b) TRICARE SELECT.—Section 1075 of such title 
is amended— 
(1) in subsection (c), by adding at the end the 
following new paragraph: 
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‘‘(4)(A) Notwithstanding any other provision 
under this section, cost-sharing may not be imposed 
or collected with respect to any beneficiary under 
this section for a service described in subparagraph 
(B) that is provided by a network provider. 
‘‘(B) A service described in this subparagraph 
is any method of contraception approved by the 
Food and Drug Administration, any contraceptive 
care (including with respect to insertion, removal, 
and follow up), any sterilization procedure, or any 
patient education or counseling service provided in 
connection with any such method, care, or proce-
dure.’’; and 
(2) in subsection (f), by striking ‘‘calculated as’’ 
and inserting ‘‘calculated (except as provided in sub-
section (c)(4)) as’’. 
(c) TRICARE PRIME.—Section 1075a of such title 
is amended by adding at the end the following new sub-
section: 
‘‘(d) PROHIBITION ON COST-SHARING FOR CERTAIN 
SERVICES.—(1) Notwithstanding subsections (a), (b), and 
(c), cost-sharing may not be imposed or collected with re-
spect to any beneficiary under this section for a service 
described in paragraph (2) that is provided under 
TRICARE Prime. 
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‘‘(2) A service described in this paragraph is any 
method of contraception approved by the Food and Drug 
Administration, any contraceptive care (including with re-
spect to insertion, removal, and follow up), any steriliza-
tion procedure, or any patient education or counseling 
service provided in connection with any such method, care, 
or procedure.’’. 
SEC. 4. PREGNANCY PREVENTION ASSISTANCE AT MILI-
TARY MEDICAL TREATMENT FACILITIES FOR 
SEXUAL ASSAULT SURVIVORS. 
(a) IN GENERAL.—Chapter 55 of title 10, United 
States Code, is amended by inserting after section 1074o 
the following new section: 
‘‘§ 1074p. Provision of pregnancy prevention assist-
ance at military medical treatment facili-
ties 
‘‘(a) INFORMATION
AND ASSISTANCE.—The Sec-
retary of Defense shall promptly furnish to sexual assault 
survivors at each military medical treatment facility the 
following: 
‘‘(1) Comprehensive, medically and factually ac-
curate, and unbiased written and oral information 
about all methods of emergency contraception ap-
proved by the Food and Drug Administration. 
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‘‘(2) Notification of the right of the sexual as-
sault survivor to confidentiality with respect to the 
information and care and services furnished under 
this section. 
‘‘(3) Upon request by the sexual assault sur-
vivor, emergency contraception or, if applicable, a 
prescription for emergency contraception. 
‘‘(b) INFORMATION.—The Secretary shall ensure that 
information provided pursuant to subsection (a) is pro-
vided in language that— 
‘‘(1) is clear and concise; 
‘‘(2) is readily comprehensible; and 
‘‘(3) meets such conditions (including condi-
tions regarding the provision of information in lan-
guages other than English) as the Secretary may 
prescribe in regulations to carry out this section. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘sexual assault survivor’ means 
any individual who presents at a military medical 
treatment facility and— 
‘‘(A) states to personnel of the facility that 
the individual experienced a sexual assault; 
‘‘(B) is accompanied by another person 
who states that the individual experienced a 
sexual assault; or 
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‘‘(C) whom the personnel of the facility 
reasonably believes to be a survivor of sexual 
assault. 
‘‘(2) The term ‘sexual assault’ means the con-
duct described in section 1565b(c) of this title that 
may result in pregnancy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1074o the following new 
item: 
‘‘1074p. Provision of pregnancy prevention assistance at military medical treat-
ment facilities.’’. 
SEC. 5. EDUCATION ON FAMILY PLANNING FOR MEMBERS 
OF THE ARMED FORCES. 
(a) EDUCATION PROGRAMS.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Defense shall establish a uniform standard 
curriculum to be used in education programs on 
family planning for all members of the Armed 
Forces, including both men and women members. 
Such education programs shall be provided to mem-
bers as follows: 
(A) During the first year of service of the 
member. 
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(B) At such other times as each Secretary 
of a military department determines appro-
priate with respect to members of the Armed 
Forces under the jurisdiction of the respective 
military department. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that the education programs under para-
graph (1) should be evidence-informed and use the 
latest technology available to efficiently and effec-
tively deliver information to members of the Armed 
Forces. 
(b) ELEMENTS.—The uniform standard curriculum 
under subsection (a) shall include the following: 
(1) Information for members of the Armed 
Forces on active duty to make informed decisions re-
garding family planning. 
(2) Information about the prevention of unin-
tended pregnancy and sexually transmitted infec-
tions, including human immunodeficiency virus 
(commonly known as ‘‘HIV’’). 
(3) Information on— 
(A) the importance of providing com-
prehensive family planning for members of the 
Armed Forces, including commanding officers; 
and 
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(B) the positive impact family planning 
can have on the health and readiness of the 
Armed Forces. 
(4) Current, medically accurate information. 
(5) Clear, user-friendly information on— 
(A) the full range of methods of contracep-
tion approved by the Food and Drug Adminis-
tration; and 
(B) where members of the Armed Forces 
can access their chosen method of contracep-
tion. 
(6) Information on all applicable laws and poli-
cies so that members of the Armed Forces are in-
formed of their rights and obligations. 
(7) Information on patients’ rights to confiden-
tiality. 
(8) Information on the unique circumstances 
encountered by members of the Armed Forces and 
the effects of such circumstances on the use of con-
traception. 
Æ 
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