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1 1 (June 27, 2022)

handle is hein.crs/govehxi0001 and id is 1 raw text is: Congressional ____ ~ Research Service FY2023 NDAA: Military Abortion Policies June 27, 2022 Background The June 24, 2022, Supreme Court decision on Dobbs v. Jackson Women 's Health, which allows states to restrict abortion access, has raised questions from Members of Congress about the ability of military personnel and their family members to access abortion services when assigned to military installations in such jurisdictions. In most cases, while military servicemembers can submit assignment preferences, Department of Defense (DOD) policy dictates that the primary consideration for assigning servicemembers is current qualifications and the ability to fill a valid requirement. Senior officials may approve exceptions to this policy in certain instances (e.g., personal or family hardships). Under Title 10, Section 1093 of the United States Code (U.S.C.), DOD is prohibited from using funds or facilities for an abortion, unless the pregnancy resulted from rape or incest, or the life of the mother would be endangered if the fetus were carried to term. This provision was first enacted in 1984. Prior to adding the statutory restriction, Congress had included provisions in annual defense appropriations bills that restricted funding for military abortions, starting with appropriations for FY1979 (P.L. 95-457, @863). Such abortion funding restrictions in appropriations bills are often referred to as Hyde-type amendments after their original sponsor, Representative Henry J. Hyde. Federal regulations and TRICARE policies also prohibit abortion counseling, referral, preparation, and follow-up care for noncovered abortions, and these services are not available in military treatment facilities. Servicemembers who are seeking a noncovered abortion with a civilian provider typically pay out of pocket for all expenses associated with the procedure, including any required travel. In addition, servicemembers who are requesting leave for any reason will typically need to submit the request to their commanding officer or supervisor for approval. Servicemember leave is authorized under Chapter 40 of Title 10, United States Code; however, there is not a leave category in law specifically for abortion or other specific medical procedures. Some observers have questioned whether, absent a specific authority, a commanding officer could deny a servicemember's request for leave to seek an abortion. Recent changes to Army and Air Force policies would limit a commander's ability to deny leave under these circumstances. These policies encourage servicemembers to seek follow-up care by a military medical professional to establish any convalescent leave or physical duty limitations. Congressional Research Service https://crsreports.congress.gov IN11960 CRS INSIGHT Prepared for Members and Committees of Congress

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