[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6357 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6357
To establish leave policies of the Armed Forces for a member to seek an
abortion.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 9, 2023
Ms. Sherrill (for herself, Ms. Houlahan, Ms. Escobar, Mr. Crow, Mr.
Smith of Washington, Mr. Courtney, Mr. Garamendi, Mr. Norcross, Mr.
Gallego, Mr. Moulton, Mr. Carbajal, Mr. Khanna, Mr. Keating, Mr. Kim of
New Jersey, Ms. Slotkin, Mr. Golden of Maine, Ms. Jacobs, Ms.
Strickland, Mr. Ryan, Mr. Jackson of North Carolina, Mr. Vasquez, Mr.
Deluzio, Ms. Tokuda, Ms. McClellan, Ms. Sewell, Mr. Horsford, and Mr.
Panetta) introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To establish leave policies of the Armed Forces for a member to seek an
abortion.
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 ``Access to Reproductive Care for
Servicemembers Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Following the Supreme Court's decision to eliminate the
right to abortion, States across the country have moved swiftly
to ban abortion access, leading to even greater barriers to
care for military families.
(2) Access to abortion care is essential to a person's
health and central to their economic and social well-being.
Bans and restrictions on abortion delay access to abortion care
and therefore increase costs for members of the Armed Forces
seeking care. The consequence of these delays and barriers
could mean that a person is forced to carry a pregnancy against
their will, which can greatly affect their bodily autonomy,
financial stability, and overall well-being.
(3) The Armed Forces have a large presence in many States
poised to ban or restrict access to abortion, many of which
also neighbor States that would likely ban abortion.
(4) Members of the Armed Forces seeking care off-base may
be limited in their ability to do so due to restrictions on
leave or travel restrictions imposed by their unit.
(5) Restrictions on receiving approval to take leave for
abortion care interfere with a member of the Armed Forces'
health, well-being, and right to access the care they need. The
decision to terminate a pregnancy should not depend on the
discretion or judgment of a military commander.
(6) The Secretary of Defense has recognized that abortion
is a time sensitive-procedure and access should not be delayed
for members or military families.
(7) When a member of the Armed Forces decides to obtain an
abortion, it should be available, affordable, private, and free
from punishment, reprisal, or judgment by the member's chain of
command.
(8) Commanders or approval authorities have a duty to
display objectivity, compassion, and discretion when addressing
all health care matters, including reproductive health care
matters, and to enforce existing policies against
discrimination and retaliation.
(9) The harms of abortion-specific restrictions fall most
heavily on people who already face barriers to accessing health
care including people with low incomes, such as junior members,
and Black, Indigenous, and people of color, immigrants, young
people, people with disabilities, the LGBTQI+ community, and
those stationed in rural and other medically underserved areas.
(10) Equal access to abortion care, everywhere, is
essential to social and economic participation, equality,
reproductive autonomy, and the right to determine a person's
own life and future.
(11) The denial of leave for an abortion or any other
reproductive health service violates the rights of members of
the Armed Forces. Access to care for military families should
not be determined by the personal beliefs of others.
(12) In addition to the health and well-being implications
for members of the Armed Forces and their families, the failure
to address these issues will contribute to the challenges that
the Armed Forces faces in attracting and retaining personnel,
thereby negatively affecting military strength and readiness.
SEC. 3. LEAVE FOR A MEMBER OF THE ARMED FORCES FOR ABORTION.
(a) In General.--The Secretary concerned (as such term is defined
in section 101 of title 10, United States Code) shall, with regards to
abortion care for a member of the Armed Forces or the dependent of such
a member--
(1) consider such care to be time-sensitive and therefore
approve leave for such abortion care; and
(2) not require the member or dependent to disclose to a
commanding officer the time-sensitive care or procedure being
received during such leave.
(b) Reimbursement for Travel.--The Secretary concerned shall
reimburse a member or dependent of a member for costs incurred to
travel to a clinic that provides abortion care and services if timely
access to abortion services is not available near the member or
dependent's location.
(c) Privacy.--Health care providers of the Defense Health Agency
and commanding officers shall, to the greatest extent practicable,
protect the privacy of a member who takes leave under this section,
including when such member makes a request for such leave and when such
member returns to duty.
(d) Prohibition.--No member of the Armed Forces may be subject to
any adverse action for requesting, taking, or granting leave under this
section.
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