[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2642-S2643]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 503. Ms. ERNST submitted an amendment intended to be proposed by 
her to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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 title VI, add the following:

  Subtitle D--Modification of Travel Authorities for Abortion-Related 
                                Expenses

     SEC. 641. SHORT TITLE.

       This subtitle may be cited as the ``Modification to 
     Department of Defense Travel Authorities for Abortion-Related 
     Expenses Act of 2023''.

[[Page S2643]]

  


     SEC. 642. 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     of Congress, and must be rescinded.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.

     SEC. 643. 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.''.

     SEC. 644. 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:

     ``Sec. 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.''.

     SEC. 645. RULE OF CONSTRUCTION.

       (a) In General.--Nothing in this subtitle or an amendment 
     made by this subtitle 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.
                                 ______