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1 1 (March 21, 2023)

handle is hein.crs/govekyw0001 and id is 1 raw text is: Congressional ____ S£ Research Service FY2023 NDAA: Military Abortion Policies Updated March 21, 2023 Background The June 24, 2022, Supreme Court decision in Dobbs v Jackson Women 's Health, which overturned Roe v. Wade and allowed states to further restrict abortion access, raised questions from some Members of Congress about military personnel and family member access to abortion services when assigned to installations in such jurisdictions. While servicemembers can generally submit assignment preferences, Department of Defense (DOD) policy dictates that the primary assignment consideration is current qualifications and the ability to fill a valid requirement. Commanders may approve exceptions in certain instances (e.g., personal hardships). Title 10, Section 1093 of the United States Code (U.S.C.), prohibits DOD 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. On June 28, 2022, DOD issued a memorandum stating that the Dobbs decision does not prohibit the Department from continuing to perform covered abortions. DOD reports that since 2016 it performed fewer than 100 covered abortions in military medical facilities. Abortions that do not meet these criteria are considered noncovered abortions. Federal regulations and TRICARE policies also prohibit abortion counseling, referral, preparation, and follow-up care for noncovered abortions. These services are not available in military treatment facilities. The Military Health System serves about 1.62 million women of reproductive age (15-45), including servicemembers, retirees, and their dependents. DOD reports that unintended pregnancies are 50% higher for active-duty women than their civilian counterparts. As of July 31, 2022, about 46,000 active-duty women and 75,000 reserve component women were assigned to states with laws that ban or restrict abortion beyond a certain gestational age (Figure 1). Congressional Research Service https://crsreports.congress.gov IN11960 CRS INSIGHT Prepared for Members and Committees of Congress

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