United States 118th Congress Status: In Committee 1 R cosponsors

S 822 — Modification to Department of Defense Travel Authorities for Abortion-Related Expenses Act of 2023

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 146.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

143 added · 74 removed

Plain-language change summary

The amendment removes the section that expressed the sense of Congress regarding the Department of Defense's use of funds for abortions and eliminates the prohibition on funds related to the memorandum about reproductive health care. The revision specifies that the Department of Defense memorandum entitled "Ensuring Access to Reproductive Health Care" will have no force or effect, streamlining the text by omitting additional clauses. This change matters because it clarifies the Department's position on abortion-related services and potentially affects how funds can be utilized in relation to reproductive health care.

→
Previous
Latest
822 Introduced in Senate (IS)] <DOC> 118th CONGRESS 1st Session S.
822 Reported in Senate (RS)] <DOC> Calendar No.
146 118th CONGRESS 1st Session S.
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.
which was read twice and referred to the Committee on Armed Services July 25, 2023 Reported by Mr.
Reed, with an amendment [Omit the part struck through and insert the part printed in italic] _______________________________________________________________________ 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.
SEC.
<DELETED>SEC.
TERMINATION OF DEPARTMENT OF DEFENSE MEMORANDUM RELATING TO ACCESS TO ABORTIONS.
TERMINATION OF DEPARTMENT OF DEFENSE MEMORANDUM RELATING TO ACCESS TO ABORTIONS.</DELETED> <DELETED> (a) Sense of Congress.--It is the sense of Congress that-- </DELETED> <DELETED> (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;</DELETED> <DELETED> (2) the Secretary of Defense has no legal authority to implement any policies under which funds are to be used for that purpose;
(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;
and</DELETED> <DELETED> (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.</DELETED> <DELETED> (b) Termination of Memorandum.--</DELETED> <DELETED> (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.</DELETED> <DELETED> (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.</DELETED> <DELETED>SEC.
(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.
PROHIBITION ON PROVISION OF TRAVEL AND TRANSPORTATION ALLOWANCES TO OBTAIN ABORTIONS.
PROHIBITION ON PROVISION OF TRAVEL AND TRANSPORTATION ALLOWANCES TO OBTAIN ABORTIONS.</DELETED> <DELETED> (a) In General.--Section 452 of title 37, United States Code, is amended by adding at the end the following new subsection:</DELETED> <DELETED> ``(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.''.</DELETED> <DELETED> (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--</DELETED> <DELETED> (1) by inserting ``(1)'' before ``An authorized traveler'';
(a) In General.--Section 452 of title 37, United States Code, is amended by adding at the end the following new subsection:
and</DELETED> <DELETED> (2) by adding at the end the following new paragraph:</DELETED> <DELETED> ``(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.''.</DELETED> <DELETED>SEC.
``(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.
PROHIBITION ON USE OF MEDICAL CONVALESCENT LEAVE OR ADMINISTRATIVE ABSENCES FOR TRAVEL TO OBTAIN ABORTIONS.
PROHIBITION ON USE OF MEDICAL CONVALESCENT LEAVE OR ADMINISTRATIVE ABSENCES FOR TRAVEL TO OBTAIN ABORTIONS.</DELETED> <DELETED> (a) In General.--Chapter 40 of title 10, United States Code, is amended by inserting after section 701 the following new section:</DELETED> <DELETED>``Sec.
(a) In General.--Chapter 40 of title 10, United States Code, is amended by inserting after section 701 the following new section:
``Sec.
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.''.
Prohibition on use of medical convalescent leave or administrative absences for travel to obtain abortions</DELETED> <DELETED> ``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.''.</DELETED> <DELETED> (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:</DELETED> <DELETED>``701a.
(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.
SEC.
<DELETED>SEC.
RULE OF CONSTRUCTION.
RULE OF CONSTRUCTION.</DELETED> <DELETED> (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.</DELETED> <DELETED> (b) Applicability.--Subsection (a) applies without regard to whether--</DELETED> <DELETED> (1) the abortion was performed in accordance with Federal or State law;
(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.
or</DELETED> <DELETED> (2) funding for the abortion is permissible under section 1093 of title 10, United States Code.</DELETED> SEC.
(b) Applicability.--Subsection (a) applies without regard to whether-- (1) the abortion was performed in accordance with Federal or State law;
2.
or (2) funding for the abortion is permissible under section of title 10, United States Code.
BRIEFING OR REPORT ON IMPLEMENTATION OF CERTAIN POLICIES OF THE DEPARTMENT OF DEFENSE RELATING TO ABORTION.
<all>
(a) In General.--Not later than July 24, 2023, the Secretary of Defense, in consultation with the Attorney General and the Defense Advisory Committee on Women in the Services, shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing or a report that contains an assessment of the following:
(1) The legality of the implementation by the Department of Defense of policies allowing members of the Armed Forces to seek medical procedures that are not covered by the Department, including elective abortions, including with respect to-- (A) existing requirements and prohibitions relating to abortion under section 1093 of title 10, United States Code;
and (B) the rule submitted by the Department of Health and Human Services relating to ``Ensuring Access to Equitable, Affordable, Client-Centered, Quality Family Planning Services'' (86 Fed.
Reg.
19812;
published April 15, 2021).
(2) The oversight functions of the Department of Defense in preventing abuse of policies described in paragraph (1).
(3) The ability of those polices to cover medical services for late-stage elective abortions after 20 weeks gestation.
(4) The approval process necessary for a member of the Armed Forces to request coverage under those policies.
(5) The requirement of approval by multiple physicians to be covered under those policies.
Show all 52 changed rows (12 more)
Previous
Latest
(6) The applicability of those policies to the family members of members of the Armed Forces.
(7) The protections in place for members of the Armed Forces who choose to utilize those policies.
(8) The reproductive health care services that are not covered by the Department of Defense that have been accessed pursuant to those policies as of the date of the briefing or report, as the case may be.
(9) Whether or not the provisions of S.
822 of the 118th Congress, as introduced on March 15, 2023-- (A) return the Department to the standard held before those policies were implemented;
and (B) do not restrict access to health care not covered by the Department further than the standard held before those policies were implemented.
(b) Protection of Personally Identifiable Information.--In providing the briefing or report, as the case may be, required under subsection (a), the Secretary of Defense shall-- (1) observe all protections required under the Health Insurance Portability and Accountability Act of 1996 (Public Law 106-191), or any other provision of law;
and (2) take any necessary precautions to prevent the disclosure of any personal identifiable information of individuals included within the population assessed for purposes of such briefing or report, as the case may be.
Calendar No.
146 118th CONGRESS 1st Session S.
822 _______________________________________________________________________ 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.
_______________________________________________________________________ July 25, 2023 Reported with an amendment
⬇ Download PDF
View plain text versions (2)

Action History

  1. Committee on Armed Services. Reported by Senator Reed with an amendment. Without written report.

  2. Committee on Armed Services. Reported by Senator Reed with an amendment. Without written report.

  3. Placed on Senate Legislative Calendar under General Orders. Calendar No. 146.

  4. Committee on Armed Services. Ordered to be reported with an amendment favorably.

  5. Introduced in Senate

  6. Read twice and referred to the Committee on Armed Services.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors S 822?
S 822 is sponsored by Ernst, Joni (Republican).
What is the current status of S 822?
This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 822?
Track S 822 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on S 822

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of S 822

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →