S.Amdt. 503

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of Congress, and must be rescinded.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.
______