[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9448 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9448
To ensure the accessibility of reproductive healthcare for Federal
employees, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2026
Mr. Walkinshaw (for himself, Ms. Wilson of Florida, Ms. Norton, Mrs.
Beatty, Ms. Schakowsky, Mr. Jackson of Illinois, Ms. Brownley, Mr.
Goldman of New York, Mr. Lynch, Ms. Velazquez, Ms. Tlaib, Mr. Larson of
Connecticut, Ms. Garcia of Texas, Mr. Cisneros, Mr. Garcia of Illinois,
Ms. Ansari, Ms. Salinas, Mr. Vindman, Ms. Craig, Ms. Simon, Ms. Jacobs,
Ms. Crockett, Ms. McClellan, Ms. Dean of Pennsylvania, Ms. Randall,
Mrs. Watson Coleman, Ms. McCollum, and Ms. DeGette) introduced the
following bill; which was referred to the Committee on Oversight and
Government Reform, and in addition to the Committee on Transportation
and Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To ensure the accessibility of reproductive healthcare for Federal
employees, 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 ``Federal Workforce Reproductive
Rights Protection Act''.
SEC. 2. RESTRICTIONS ON AGENCY RELOCATION TO STATES WITH RESTRICTIVE
REPRODUCTIVE RIGHTS LAWS.
(a) In General.--No headquarters or significant portion of an
Executive agency may be moved to a location in a State or territory of
the United States on the list published by the Comptroller General of
the United States under subsection (b).
(b) Restrictive Location List.--Not later than one week after the
date of the enactment of this Act, the Comptroller General of the
United States shall--
(1) develop and publish a list of States and territories of
the United States in which a law of such State or territory
restricting or prohibiting abortion care that is in effect--
(A) is or was enacted on or after June 24, 2022; or
(B) was enacted prior to such date and became
effective or enforceable on or after such date; and
(2) update such list not less frequently than quarterly.
SEC. 3. LIMIT ON USE OF FUNDS IN DESIGNATED STATES.
(a) In General.--Except by express reference to this provision,
none of the funds made available to an Executive agency may be used
to--
(1) move the headquarters or a significant portion of an
Executive agency to a location in a State or territory of the
United States on the list published by the Comptroller General
of the United States under section 2(b); or
(2) lease, purchase, or construct any facility in such a
State or territory for use by an Executive agency.
(b) Exceptions.--Subsection (a) shall not apply with respect to the
use of funds by an Executive agency to--
(1) maintain or repair a facility in a State or territory
of the United States on the list published by the Comptroller
General of the United States under section 2(b); or
(2) enter into or renew a lease for a facility in a State
or territory of the United States on the list published by the
Comptroller General of the United States under section 2(b)
if--
(A) as of the date of the enactment of this Act and
as of the date on which such Executive agency enters
into or renews such a lease, such Executive agency
leases or operates such facility; or
(B) such facility is only for the provision of in-
person services by such Executive agency to the public.
SEC. 4. LIMITS ON ASSIGNMENT TO RESTRICTIVE STATES.
(a) Opt Out.--A Federal employee may, for the purposes described in
subsection (c), decline any detail, transfer, assignment, or other
temporary or permanent change to the official duty station of the
Federal employee that will result in a new official duty station of the
Federal employee that is located in a State or territory of the United
States on the list published by the Comptroller General of the United
States under section 2(b).
(b) Promotions and Appointments.--No appointment or promotion of a
Federal employee or applicant for employment to a position in an
Executive agency may require, as a condition of the appointment or
promotion, that such Federal employee or applicant for employment be
located in or move to a State or territory of the United States on the
list published by the Comptroller General of the United States under
section 2(b), unless such requirement must be waived for any applicable
purpose described in subsection (c).
(c) Purposes Described.--The purposes described in this subsection
are, with respect to a Federal employee or applicant for employment,
medical, reproductive, family planning, or personal health
considerations of such Federal employee, applicant for employment, or
an eligible dependent of such Federal employee or applicant for
employment.
SEC. 5. TRAVEL COSTS FOR REPRODUCTIVE HEALTH CARE ACCESS.
(a) In General.--The head of an Executive agency shall, in
accordance with the regulations issued by the Director of the Office of
Personnel Management under subsection (b), authorize travel and
transportation allowances for Federal employees of such Executive
agency and eligible dependents of such Federal employees for the costs
of traveling outside of the State or territory of the United States in
which such Federal employee is a resident to obtain a lawful
reproductive health care service that is not accessible to such Federal
employee or eligible dependent in such State or territory.
(b) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Office of Personnel
Management shall issues regulations providing for travel and
transportation allowances described in subsection (a) in the same
manner, to the extent practicable, as travel and transportation
allowances provided to members of the Armed Forces (as defined under
section 101(a) of title 10, United States Code) with respect to travel
for non-covered reproductive health care services under the Joint
Travel Regulations for the Uniformed Services, as in effect on March 1,
2023, except that--
(1) such travel and transportation allowances shall be
granted by an Executive agency to a Federal employee of such
Executive agency without consideration of the needs or
requirements of such Executive agency;
(2) the Federal employee shall not be required to disclose
to any person other than an individual designated in accordance
with subsection (c) the specific nature of the reproductive
health care services with respect to which the Federal employee
is seeking such travel and transportation allowances; and
(3) each individual designated under subsection (c) may
disclose information provided by Federal employees for the
purpose of obtaining such travel and transportation allowances
only to the extent necessary for the conduct of the official
duties of such individual or as otherwise required by law.
(c) Agency Designee.--The head of each Executive agency shall
designate one or more human resources personnel of the Executive agency
to assess and approve requests for travel and transportation allowances
described in subsection (a).
SEC. 6. ADMINISTRATIVE LEAVE FOR ABORTION-RELATED TRAVEL.
(a) In General.--A Federal employee is entitled to leave without
loss of or reduction in pay, leave to which otherwise entitled, credit
for time or service, or performance or efficiency rating, for the time
necessary to permit such Federal employee or an eligible dependent of
such Federal employee to obtain abortion services when such Federal
employee or eligible dependent must travel outside of the State or
territory of the United States in which such Federal employee is a
resident or in which the primary duty station of such Federal employee
is located because such abortion services are not available to such
Federal employee or eligible dependent in such State or territory.
(b) Maximum Leave.--A Federal employee may use not more than 21
days of leave under this section.
SEC. 7. PROTECTION OF PRIVACY IN INVESTIGATING AND ADJUDICATING
SECURITY CLEARANCES.
(a) Security Clearances.--Section 801 of the National Security Act
of 1947 (50 U.S.C. 3161) is amended by adding at the end the following
new subsection:
``(c) The procedures under subsection (a) and the adjudicative
guidelines under section 3002(d) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3343(d)) shall ensure that,
with respect to determining whether an individual may access classified
information, the following information is not requested, investigated,
or considered:
``(1) Whether the individual used abortion services.
``(2) Whether the individual traveled to obtain abortion
services.
``(3) Whether the individual provided material support to a
spouse, partner, dependent, or other individual for purposes of
obtaining abortion care.''.
(b) Personnel Actions.--
(1) In general.--Except as provided by paragraph (1), no
Executive agency may, for the purposes of any personnel action,
request, investigate, or consider--
(A) whether an individual used abortion services;
(B) whether an individual traveled to obtain
abortion services; or
(C) whether an individual provided material support
to a spouse, partner, dependent, or other individual
for purposes of obtaining abortion care.
(2) Investigation of misuse permitted.--Notwithstanding
paragraph (1), an Executive agency may request, investigate,
and consider the information described in subparagraphs (A),
(B), and (C) of such paragraph for the purposes of a personnel
action based on the use of an allowance under section 5 or
leave under section 6 for a purpose other than the purposes for
which such allowance or leave, as applicable, is authorized,
except that such Executive agency may request, investigate, and
consider such information only to the extent necessary to
determine the existence and extent of such misuse.
(c) Guidelines.--Not later than 90 days after the date of the
enactment of this Act--
(1) the President shall revise the adjudicative guidelines
under section 3002(d) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3343(d)) pursuant to
subsection (c) of 801 of the National Security Act of 1947 (50
U.S.C. 3161), as added by subsection (a) of this section; and
(2) the Director of the Office of Personnel Management
shall issue guidance implementing subsection (b) of this
section.
SEC. 8. RETALIATION PROHIBITED.
No Executive agency may take or fail to take, or threaten to take
or fail to take, an adverse personnel action with respect to any
Federal employee or applicant for employment because--
(1) a Federal employee declines a detail, transfer,
assignment, or other temporary or permanent change to the
official duty station of the Federal employee under section
2(a);
(2) of the waiver of a requirement for an appointment or
promotion under section 2(b);
(3) a Federal employee requests or receives a travel or
transportation allowance under section 5; or
(4) a Federal employee uses leave to which the Federal
employee is entitled under section 6.
SEC. 9. EFFECT DATE.
This Act shall take effect on the date that is 60 days after the
date of the enactment of this Act.
SEC. 10. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision of this Act or amendment made by this Act to
any person or circumstances, is held to be unconstitutional, the
remainder of this Act, and application of the provision or amendment to
any other person or circumstance, shall not be affected thereby.
SEC. 11. DEFINITIONS.
In this Act:
(1) Applicant for employment.--The term ``applicant for
employment'' means an individual applying for a position in
which such individual will be a Federal employee.
(2) Dependent.--The term ``dependent'', with respect to a
Federal employee or applicant for employment, has the meaning
given such term in section 8901 of title 5, United States Code,
except that such term includes an individual who is--
(A) an adopted or recognized natural child of such
Federal employee or applicant for employment; or
(B) a stepchild or foster child of such Federal
employee or applicant for employment if such individual
lives with such Federal employee or applicant for
employment in a regular parent-child relationship.
(3) Eligible dependent.--The term ``eligible dependent'',
with respect to a Federal employee or applicant for employment,
means an unmarried dependent of such Federal employee or
applicant for employment who is--
(A) under 26 years of age; or
(B) incapable of self-support because of a mental
or physical disability that existed before such
unmarried dependent was 26 years of age.
(4) Executive agency.--The term ``Executive agency'' has
the meaning given such term in section 105 of title 5, United
States Code.
(5) Federal employee.--The term ``Federal employee'' means
a civilian employee of an Executive agency, other than an
employee who is--
(A) a political appointee; or
(B) a member of the Senior Executive Service.
(6) Lawful reproductive health care services.--The term
``lawful reproductive health care service'' means a
reproductive health care service, including abortion, that is
accessible and not prohibited by law in the State or territory
of the United States in which such reproductive health care
service is provided.
(7) Personnel action.--The term ``personnel action'' has
the meaning given such term in section 2302(a) of title 5,
United States Code.
(8) Political appointee.--The term ``political appointee''
means an individual serving in an appointment to a political
position.
(9) Political position.--The term ``political position''
means--
(A) a position described under sections 5312
through 5316 of title 5, United States Code (relating
to the Executive Schedule), other than a position at
the Board of Governors of the Federal Reserve System;
or
(B) a position in the executive branch of the
Government of a confidential or policy-determining
character under schedule C of subpart C of part 213 of
title 5, Code of Federal Regulations.
(10) Significant portion.--The term ``significant
portion'', with respect to an Executive agency, means--
(A) not less than 5 percent of the employees of
such Executive agency; or
(B) components or elements of such Executive
agency, or any part or parts thereof, that, in the
aggregate, implicate not less than 10 percent of the
annual discretionary budget of such Executive agency.
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