118 S822 IS: Modification to Department of Defense Travel Authorities for Abortion-Related Expenses Act of 2023
U.S. Senate
2023-03-15
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II
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
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therefore in direct conflict with section 1093 of title 10, United States Code, and the intent of Congress, and must be rescinded.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.