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Mar 15, 2023viewing Reported in Senate Ms. Ernst (for herself, Mr. Wicker, Mr. Daines, Mr. Cramer, Mrs. Blackburn, Mr. Budd, Mr. Tillis, Mr. Scott of Florida, Mr. Hawley, Mr. Lee, Mrs. Hyde-Smith, Mr. Braun, Mr. Cotton, Mr. Graham, Mr. Ricketts, Mr. Hoeven, Mr. Lankford, Mr. Kennedy, Mr. Tuberville, Mr. Risch, Mr. Vance, Mr. Crapo, Mr. Barrasso, Mr. Cornyn, Mr. Boozman, Mrs. Britt, Mrs. Fischer, Mr. Rubio, Mr. Thune, Mr. Scott of South Carolina, Mr. Cassidy, Mr. Hagerty, Ms. Lummis, Mr. Rounds, Mr. Schmitt, Mr. Mullin, and Mr. Sullivan) introduced the following bill; which was read twice and referred to the Committee on Armed Services See what changed
Mar 15, 2023 Introduced in Senate Ms. Ernst (for herself, Mr. Wicker, Mr. Daines, Mr. Cramer, Mrs. Blackburn, Mr. Budd, Mr. Tillis, Mr. Scott of Florida, Mr. Hawley, Mr. Lee, Mrs. Hyde-Smith, Mr. Braun, Mr. Cotton, Mr. Graham, Mr. Ricketts, Mr. Hoeven, Mr. Lankford, Mr. Kennedy, Mr. Tuberville, Mr. Risch, Mr. Vance, Mr. Crapo, Mr. Barrasso, Mr. Cornyn, Mr. Boozman, Mrs. Britt, Mrs. Fischer, Mr. Rubio, Mr. Thune, Mr. Scott of South Carolina, Mr. Cassidy, Mr. Hagerty, Ms. Lummis, Mr. Rounds, Mr. Schmitt, Mr. Mullin, and Mr. Sullivan) introduced the following bill; which was read twice and referred to the Committee on Armed Services

S. 822 — what changed

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

From Introduced in Senate to Reported in Senate. 1 added and 1 removed between Introduced in Senate and Reported in Senate.

Sec. 2 Termination of Department of Defense memorandum relating to access to abortions

removed

(a)

removed ~~Sense of Congress—~~ ~~It is the sense of Congress that—~~

(1)

removed 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)

removed ~~the Secretary of Defense has no legal authority to implement any policies under which funds are to be used for that purpose; and~~

(3)

removed 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therefore in direct conflict with section 1093 of title 10, United States Code, and the intent of Congress, and must be rescinded.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)

removed ~~Termination of memorandum—~~

(1)

removed ~~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)

removed ~~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. 2 Briefing or report on implementation of certain policies of the Department of Defense relating to abortion

added

(a)

added 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)

added 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)

added existing requirements and prohibitions relating to abortion under section 1093 of title 10, United States Code; and

(B)

added 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)

added The oversight functions of the Department of Defense in preventing abuse of policies described in paragraph (1).

(3)

added The ability of those polices to cover medical services for late-stage elective abortions after 20 weeks gestation.

(4)

added The approval process necessary for a member of the Armed Forces to request coverage under those policies.

(5)

added The requirement of approval by multiple physicians to be covered under those policies.

(6)

added The applicability of those policies to the family members of members of the Armed Forces.

(7)

added The protections in place for members of the Armed Forces who choose to utilize those policies.

(8)

added 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)

added Whether or not the provisions of S. 822 of the 118th Congress, as introduced on March 15, 2023—

(A)

added return the Department to the standard held before those policies were implemented; and

(B)

added do not restrict access to health care not covered by the Department further than the standard held before those policies were implemented.

(b)

added 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)

added 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)

added 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.

S. 822 — what changed

Sec. 2 Termination of Department of Defense memorandum relating to access to abortions

Sec. 2 Briefing or report on implementation of certain policies of the Department of Defense relating to abortion

Cite this provision

Incoming references