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1 1 (July 29, 2022)

handle is hein.crs/goveiag0001 and id is 1 raw text is: Congressional ____ A*Research Service FY2023 NDAA: Military Abortion Policies Updated July 29, 2022 Background The June 24, 2022, Supreme Court decision on Dobbs v. Jackson Women 's Health, which overturns Roe v. Wade and allows states to restrict abortion access, has raised questions from some 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 to perform 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. Abortions that do not meet these criteria are considered noncovered abortions. This provision was first enacted in 1984. Prior to adding the statutory restriction, Congress had included provisions in annual defense appropriations bills restricting funding for the military to perform 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 and their family members 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 request leave for any reason typically need to submit a request to their commanding officer or supervisor for approval. Chapter 40 of Title 10, United States Code authorizes servicemember leave generally. While this chapter does not include specific authority for abortion-related leave or sick leave, it does authorize convalescent leave in connection with the birth of a child. Some observers have questioned whether, absent specific statutory authority, a commanding officer could deny a servicemember's request for leave to seek an abortion. On June 28, 2022, DOD issued a memorandum stating that the Dobbs decision does not prohibit the Department from continuing to perform covered abortions and that Department policy authorizes active Congressional Research Service https://crsreports.congress.gov IN11960 CRS INSIGHT Prepared for Members and Committees of Congress

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