[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2669-S2670]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 537. Mrs. SHAHEEN (for herself and Mr. Fetterman) submitted an

[[Page S2670]]

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 appropriate place in title VI, insert the following:

     SEC. 6__. AUTHORIZATION OF ADMINISTRATIVE ABSENCES AND TRAVEL 
                   AND TRANSPORTATION ALLOWANCES FOR REPRODUCTIVE 
                   HEALTH CARE.

       (a) Leaves of Absence.--
       (1) In general.--Chapter 40 of title 10, United States 
     Code, is amended by inserting after section 708 the following 
     new section:

     ``Sec. 708a. Reproductive health administrative absence

       ``(a) In General.--Under such regulations as the Secretary 
     of Defense may prescribe, the Secretary shall grant an 
     administrative absence to a member of the armed forces who 
     requests such an absence--
       ``(1) to receive non-covered reproductive health care; or
       ``(2) to accompany a spouse or other dependent who receives 
     non-covered reproductive health care.
       ``(b) Duration.--An administrative absence granted under 
     subsection (a) pursuant to a request made under that 
     subsection may extend for a period of not more than 21 days 
     for each such request.
       ``(c) Requirements for Regulations.--The regulations 
     prescribed under subsection (a) shall provide that--
       ``(1) no additional requirement, including consultations 
     with a chaplain, medical testing, or any other form of 
     counseling, may be imposed on a member requesting an 
     administrative absence under subsection (a) by the Secretary 
     or the commander or other approval authority of the member; 
     and
       ``(2) the Secretary and the commander or other approval 
     authority of a member shall prioritize the privacy of the 
     member (and the spouse or other dependent of the member, if 
     applicable), consistent with applicable statutes and 
     regulations governing protected medical information.
       ``(d) Construction With Other Leave.--Leave under this 
     section may not be charged or credited to leave that accrued 
     or that may accrue under section 701. Any benefits provided 
     to a member under this section are in addition to any other 
     leave or absence to which the member may be entitled under 
     this chapter.
       ``(e) Non-Covered Reproductive Health Care Defined.--In 
     this section, the term `non-covered reproductive health care' 
     means reproductive health care not authorized to be performed 
     at a medical treatment facility or other facility of the 
     Department of Defense consistent with Federal law, 
     including--
       ``(1) an abortion; or
       ``(2) assisted reproductive technology, including--
       ``(A) ovarian stimulation and egg retrieval, including any 
     needed medications and procedures required for retrieval, 
     processing, and utilization of an egg for assisted 
     reproductive technology or cryopreservation;
       ``(B) sperm collection and processing for assisted 
     reproductive technology or cryopreservation;
       ``(C) intrauterine insemination; and
       ``(D) in vitro fertilization, including--
       ``(i) in vitro fertilization with fresh embryo transfer;
       ``(ii) gamete intrafallopian transfer;
       ``(iii) zygote intrafollopian transfer;
       ``(iv) pronuclear stage tubal transfer;
       ``(v) tubal embryo transfer; and
       ``(vi) frozen embryo transfer.''.
       (2) 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 708 the following new 
     item:

``708a. Reproductive health administrative absence.''.
       (b) Authorization of Travel and Transportation 
     Allowances.--Section 452(b) of title 37, United States Code, 
     is amended by adding at the end the following new paragraph:
       ``(24) Travel by a member or a dependent to receive non-
     covered reproductive health care (as defined in section 
     708a(e) of title 10), including an abortion and assisted 
     reproductive technology.''.
       (c) Rule of Construction.--Nothing in this section or an 
     amendment made by this section may be construed to restrict 
     or deprive a member of the Armed Forces from accessing or 
     being granted convalescent leave consistent with section 701 
     of title 10, United States Code.
                                 ______