S.Amdt. 537

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.
______