What This Bill Does
This bill cancels a Department of Defense memorandum from October 20, 2022 called "Ensuring Access to Reproductive Health Care." It stops the military from paying for travel costs, lodging and meal expenses related to obtaining abortions for service members and their family members. The bill also prevents service members from using certain types of leave time to travel for abortion-related services.
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Who It Affects
Members of the Armed Forces and their dependents (family members covered by military benefits)
The Department of Defense
The Secretary of Defense
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Key Provisions
- The Department of Defense memorandum titled "Ensuring Access to Reproductive Health Care" dated October 20, 2022 has no force or effect and cannot be funded (Sec. 2)
- The Secretary of Defense cannot provide travel allowances, lodging costs, meals or other transportation expenses for service members or their dependents seeking abortions or abortion-related services, except when the mother's life is endangered or the pregnancy results from rape or incest (Sec. 3)
- Service members cannot use medical convalescent leave (a type of recovery leave following medical treatment) or administrative absences to travel for abortion or abortion-related services, except when the mother's life is endangered or the pregnancy results from rape or incest (Sec. 4)
- Limited access to abortion services due to a service member's duty location does not count as an unusual, extraordinary, hardship or emergency circumstance that would qualify for travel benefits, except when the mother's life is endangered or the pregnancy results from rape or incest (Sec. 3)
- No funds for the Department of Defense can be used to carry out the memorandum or any replacement memorandum (Sec. 2)
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What Changes
If this becomes law, the Department of Defense can no longer use federal funds to pay travel expenses for service members seeking abortions except in cases where the mother's life is endangered or pregnancy results from rape or incest. Service members also lose the ability to use certain leave types to travel for abortion services under these same limited exceptions.
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Important Definitions
- Abortion-related service: Not defined in bill text
- Convalescent leave: Not defined in bill text
- Administrative absence: Not defined in bill text
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Effective Date
Not specified in bill text
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 ob-
tain 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. SUL-
LIVAN) 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 relat-
ing 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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•S 822 RS
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Modification to De-
4
partment of Defense Travel Authorities for Abortion-Re-
5
lated Expenses Act of 2023’’.
6
SEC.
2.
TERMINATION
OF
DEPARTMENT
OF
DEFENSE
7
MEMORANDUM
RELATING
TO
ACCESS
TO
8
ABORTIONS.
9
(a) SENSE OF CONGRESS.—It is the sense of Con-
10
gress that—
11
(1) consistent with section 1093 of title 10,
12
United States Code, the Department of Defense may
13
not use any funds for abortions except in a case in
14
which the life of the mother would be endangered if
15
the fetus were carried to term or in which the preg-
16
nancy is the result of an act of rape or incest;
17
(2) the Secretary of Defense has no legal au-
18
thority to implement any policies under which funds
19
are to be used for that purpose; and
20
(3) the Department of Defense memorandum
21
entitled ‘‘Ensuring Access to Reproductive Health
22
Care’’, dated October 20, 2022, is therefore in direct
23
conflict with section 1093 of title 10, United States
24
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•S 822 RS
Code, and the intent of Congress, and must be re-
1
scinded.
2
(b) TERMINATION OF MEMORANDUM.—
3
(1) IN GENERAL.—The Department of Defense
4
memorandum entitled ‘‘Ensuring Access to Repro-
5
ductive Health Care’’, dated October 20, 2022, shall
6
have no force or effect.
7
(2) PROHIBITION ON AVAILABILITY OF FUNDS
8
TO CARRY OUT MEMORANDUM.—None of the funds
9
authorized to be appropriated or otherwise made
10
available to the Department of Defense may be obli-
11
gated or expended to carry out the memorandum de-
12
scribed in paragraph (1) or any successor to such
13
memorandum.
14
SEC.
3.
PROHIBITION
ON
PROVISION
OF
TRAVEL
AND
15
TRANSPORTATION ALLOWANCES TO OBTAIN
16
ABORTIONS.
17
(a) IN GENERAL.—Section 452 of title 37, United
18
States Code, is amended by adding at the end the fol-
19
lowing new subsection:
20
‘‘(j) PROHIBITION
ON ALLOWANCES TO OBTAIN
21
ABORTIONS.—The Secretary of Defense may not provide
22
transportation-, lodging-, meals-in-kind, or any actual or
23
necessary expenses of travel or transportation, for, or in
24
connection with, official travel under circumstances as
25
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•S 822 RS
specified in regulations prescribed under section 464 of
1
this title for a member of the Armed Forces or a depend-
2
ent of such a member seeking an abortion or any abortion-
3
related service, except in a case in which the life of the
4
mother would be endangered if the fetus were carried to
5
term or the pregnancy is the result of an act of rape or
6
incest.’’.
7
(b) PROHIBITION ON CONSIDERING LIMITED ACCESS
8
TO ABORTIONS AS UNUSUAL, EXTRAORDINARY, HARD-
9
SHIP, OR EMERGENCY CIRCUMSTANCES.—Section 453(d)
10
of title 37, United States Code, is amended—
11
(1) by inserting ‘‘(1)’’ before ‘‘An authorized
12
traveler’’; and
13
(2) by adding at the end the following new
14
paragraph:
15
‘‘(2) The access of a member of the Armed Forces
16
or a dependent of such a member to an abortion or abor-
17
tion-related services being limited because of the duty loca-
18
tion of the member does not constitute an unusual, ex-
19
traordinary, hardship, or emergency circumstance for the
20
purposes of section 452 of title 37, United States Code,
21
except in a case in which the life of the mother would be
22
endangered if the fetus were carried to term or the preg-
23
nancy is the result of an act of rape or incest.’’.
24
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•S 822 RS
SEC. 4. PROHIBITION ON USE OF MEDICAL CONVALESCENT
1
LEAVE OR ADMINISTRATIVE ABSENCES FOR
2
TRAVEL TO OBTAIN ABORTIONS.
3
(a) IN GENERAL.—Chapter 40 of title 10, United
4
States Code, is amended by inserting after section 701 the
5
following new section:
6
‘‘§ 701a. Prohibition on use of medical convalescent
7
leave or administrative absences for trav-
8
el to obtain abortions
9
‘‘A member of the Armed Forces may not take con-
10
valescent leave under section 701(m) or use an adminis-
11
trative absence for travel for the purposes of obtaining an
12
abortion or abortion-related service, except in a case in
13
which the life of the mother would be endangered if the
14
fetus were carried to term or the pregnancy is the result
15
of an act of rape or incest.’’.
16
(b) CLERICAL AMENDMENT.—The table of sections
17
at the beginning of chapter 40 of such title is amended
18
by inserting after the item relating to section 701 the fol-
19
lowing new item:
20
‘‘701a. Prohibition on use of medical convalescent leave or administrative ab-
sences for travel to obtain abortions.’’.
SEC. 5. RULE OF CONSTRUCTION.
21
(a) IN GENERAL.—Nothing in this Act or an amend-
22
ment made by this Act may be construed to affect the
23
treatment of any infection, injury, disease, or disorder that
24
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•S 822 RS
has been caused by or exacerbated by the performance of
1
an abortion.
2
(b) APPLICABILITY.—Subsection (a) applies without
3
regard to whether—
4
(1) the abortion was performed in accordance
5
with Federal or State law; or
6
(2) funding for the abortion is permissible
7
under section 1093 of title 10, United States Code.
8
SEC. 2. BRIEFING OR REPORT ON IMPLEMENTATION OF
9
CERTAIN POLICIES OF THE DEPARTMENT OF
10
DEFENSE RELATING TO ABORTION.
11
(a) IN GENERAL.—Not later than July 24, 2023, the
12
Secretary of Defense, in consultation with the Attorney
13
General and the Defense Advisory Committee on Women in
14
the Services, shall provide to the Committees on Armed
15
Services of the Senate and the House of Representatives a
16
briefing or a report that contains an assessment of the fol-
17
lowing:
18
(1) The legality of the implementation by the De-
19
partment of Defense of policies allowing members of
20
the Armed Forces to seek medical procedures that are
21
not covered by the Department, including elective
22
abortions, including with respect to—
23
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•S 822 RS
(A) existing requirements and prohibitions
1
relating to abortion under section 1093 of title
2
10, United States Code; and
3
(B) the rule submitted by the Department of
4
Health and Human Services relating to ‘‘Ensur-
5
ing Access to Equitable, Affordable, Client-Cen-
6
tered, Quality Family Planning Services’’ (86
7
Fed. Reg. 19812; published April 15, 2021).
8
(2) The oversight functions of the Department of
9
Defense in preventing abuse of policies described in
10
paragraph (1).
11
(3) The ability of those polices to cover medical
12
services for late-stage elective abortions after 20 weeks
13
gestation.
14
(4) The approval process necessary for a member
15
of the Armed Forces to request coverage under those
16
policies.
17
(5) The requirement of approval by multiple
18
physicians to be covered under those policies.
19
(6) The applicability of those policies to the fam-
20
ily members of members of the Armed Forces.
21
(7) The protections in place for members of the
22
Armed Forces who choose to utilize those policies.
23
(8) The reproductive health care services that are
24
not covered by the Department of Defense that have
25
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•S 822 RS
been accessed pursuant to those policies as of the date
1
of the briefing or report, as the case may be.
2
(9) Whether or not the provisions of S. 822 of the
3
118th Congress, as introduced on March 15, 2023—
4
(A) return the Department to the standard
5
held before those policies were implemented; and
6
(B) do not restrict access to health care not
7
covered by the Department further than the
8
standard held before those policies were imple-
9
mented.
10
(b) PROTECTION OF PERSONALLY IDENTIFIABLE IN-
11
FORMATION.—In providing the briefing or report, as the
12
case may be, required under subsection (a), the Secretary
13
of Defense shall—
14
(1) observe all protections required under the
15
Health Insurance Portability and Accountability Act
16
of 1996 (Public Law 106–191), or any other provi-
17
sion of law; and
18
(2) take any necessary precautions to prevent the
19
disclosure of any personal identifiable information of
20
individuals included within the population assessed
21
for purposes of such briefing or report, as the case
22
may be.
23
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Calendar No. 146
118TH CONGRESS
1ST SESSION
S. 822
A BILL
To terminate the Department of Defense memo-
randum relating to access to abortions, to pro-
hibit the use of travel and transportation allow-
ances, medical convalescent leave, and adminis-
trative absences to travel to obtain abortions, and
for other purposes.
JULY 25, 2023
Reported with an amendment
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