Protecting Service Members and Military Families' Access to Reproductive Care Act of 2023
This bill provides statutory authority for a Department of Defense (DOD) policy that provides for the granting of an administrative absence at the request of a member of the Armed Forces for purposes of receiving non-covered reproductive health care or to accompany a spouse or other dependent who receives non-covered reproductive health care. Under the bill, non-covered reproductive health care means care not authorized to be performed at a DOD facility, including an abortion or assisted reproductive technology (e.g., in vitro fertilization).
An administrative absence granted for such purposes may not exceed 21 days.
DOD is authorized to prescribe regulations under this bill, which must provide that (1) no additional requirements may be imposed on a member requesting an administrative absence for non-covered reproductive health care, and (2) DOD and the approval authority of a member must prioritize the privacy of the member (or dependent).
The bill also authorizes DOD to provide an allowance for travel expenses in connection with a member's or dependent's travel to receive non-covered reproductive health care.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1610 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1610
To authorize administrative absences and travel and transportation
allowances for members of the Armed Forces to travel to obtain
reproductive health care.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mrs. Shaheen (for herself, Ms. Hirono, Mr. Blumenthal, Mr. Fetterman,
Mrs. Gillibrand, Mr. King, Mr. Hickenlooper, Mr. Cardin, Ms. Warren,
Ms. Baldwin, Ms. Duckworth, Mr. Welch, Mr. Wyden, Mr. Sanders, Mr.
Carper, Mrs. Murray, Mr. Booker, Mr. Bennet, Mr. Kelly, Ms. Klobuchar,
Mrs. Feinstein, Mr. Brown, Ms. Rosen, Mr. Markey, Mr. Durbin, Ms.
Smith, Mr. Whitehouse, Mr. Heinrich, Ms. Cantwell, and Ms. Cortez
Masto) introduced the following bill; which was read twice and referred
to the Committee on Armed Services
_______________________________________________________________________
A BILL
To authorize administrative absences and travel and transportation
allowances for members of the Armed Forces to travel to obtain
reproductive health care.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Service Members and
Military Families' Access to Reproductive Care Act of 2023''.
SEC. 2. 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) 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(d)
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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Armed Services.
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