II Calendar No. 146 118th CONGRESS 1st Session S. 822 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.

1. Short title This Act may be cited as the Modification to Department of Defense Travel Authorities for Abortion-Related Expenses Act of 2023 . 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therefore in direct conflict with section 1093 of title 10, United States Code, and the intent of Congress, and must be rescinded.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. 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. . 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: 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. . 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. 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.

July 25, 2023 Reported with an amendment