[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5328-S5329]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5852. Mrs. SHAHEEN (for herself, Ms. Klobuchar, Mr. Carper, Mrs. 
Gillibrand, Mr. Markey, Mr. Durbin, Ms. Baldwin, Mr. Menendez, Mr. 
Sanders, Mr. King, Mr. Schatz, Mr. Blumenthal, Mr. Heinrich, Mrs. 
Feinstein, Ms. Hirono, Mr. Wyden, Ms. Hassan, Ms. Cantwell, Mr. Murphy, 
Mr. Leahy, Mr. Hickenlooper, Ms. Warren, Mr. Booker, and Mr. Bennet) 
submitted an amendment intended to be proposed to amendment SA 5499 
submitted by Mr. Reed (for himself and Mr. Inhofe) and intended to be 
proposed to the bill H.R. 7900, to authorize appropriations for fiscal 
year 2023 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of subtitle C of title VI, add the following:

     SEC. 624. LEAVE RELATING TO ABORTION CARE AND SERVICES FOR 
                   MEMBERS OF ARMED FORCES.

       (a) In General.--Section 701 of title 10, United States 
     Code, as amended by section 623(a), is further amended by 
     adding at the end the following new subsection:
       ``(n)(1)(A) Under regulations prescribed by the Secretary 
     of Defense, a member of the armed forces who seeks abortion 
     care and services is allowed convalescent leave.
       ``(B) Convalescent leave under subparagraph (A) shall, not 
     later than 5 days after receiving a request for such leave, 
     be approved by--
       ``(i) the military medical health provider of the member; 
     or
       ``(ii) the commander of the military medical treatment 
     facility or a designee of that commander.
       ``(C) Convalescent leave of a member under subparagraph (A) 
     shall be approved for a period of--
       ``(i) 10 days, in the case of a member assigned to a duty 
     location in the continental United States; and
       ``(ii) 20 days, in the case of a member assigned to a duty 
     location outside the continental United States.
       ``(D) Under regulations prescribed by the Secretary of 
     Defense, a member taking convalescent leave under 
     subparagraph (A) who is required to travel more than 50 miles 
     from the member's assigned duty location to seek abortion 
     care and services--
       ``(i) shall be entitled to standard travel and 
     transportation allowances in accordance with chapter 8 of 
     title 37; and
       ``(ii) may not receive per diem or reimbursement of 
     expenses, to the extent prohibited by Federal law.
       ``(E) The applicable approval authority under clause (i) or 
     (ii) of subparagraph (B)--

[[Page S5329]]

       ``(i) shall notify the commanding officer of the member 
     taking convalescent leave under subparagraph (A) with respect 
     to--
       ``(I) expected absences of the member; and
       ``(II) changes in the physical profile of the member that 
     would impact the member's fitness for duty; and
       ``(ii) may not be required to disclose the specific medical 
     condition from which the member is convalescing.
       ``(F) Convalescent leave of a member seeking abortion care 
     and services that is in addition to the convalescent leave 
     provided under subparagraph (A) shall be provided under the 
     procedures established for convalescent leave under 
     subsection (m).
       ``(2)(A) Under regulations prescribed by the Secretary of 
     Defense, the Secretary concerned shall grant a member of the 
     armed forces leave to provide care to an immediate family 
     member who seeks abortion care and services.
       ``(B) Not later than 5 days after receiving a request from 
     a member to take leave under subparagraph (A), the 
     appropriate approval authority of the member shall approve 
     the request, consistent with the regulations prescribed under 
     subparagraph (A).
       ``(C) Leave under subparagraph (A) shall be approved for a 
     period of 10 consecutive days.
       ``(3) A member taking leave under paragraph (1) or (2) 
     shall not have the member's leave account reduced as a result 
     of taking such leave.
       ``(4) A member may elect to take fewer days of leave than 
     is provided for under paragraph (1) or (2), as applicable.
       ``(5) A member taking leave under paragraph (1) or (2) may 
     not be required to disclose specifics relating to the 
     abortion care and services that are the basis for the leave.
       ``(6) In this subsection, the term `military medical 
     treatment facility' means a facility described in subsection 
     (b), (c), or (d) of section 1073d.''.
       (b) Conforming Amendments.--Subsection (m) of section 701 
     of title 10, United States Code, as added by section 623(a), 
     is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by or ``or (n)(1)'' after ``subsection (h)(3)'';
       (2) in paragraph (2)(B), by striking ``in conjunction with 
     the birth of a child'' and inserting ``or (n)(1)''; and
       (3) in paragraph (3)(B)(ii), by inserting ``or (n)(1)'' 
     after ``subsection (h)(3)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2023.
                                 ______