Access to Reproductive Care for Servicemembers Act

This Act may be cited as the “Access to Reproductive Care for Servicemembers Act”.

Congress finds the following:

(1) Following the Supreme Court’s unjust 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 the full spectrum of reproductive care, including abortion, 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 that 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 imposed by their unit.

(5) Restrictions on receiving approval to take leave for abortion or fertility 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 or build a family should not depend on the discretion or judgment of a military commander.

(6) Abortion and fertility care are time sensitive-procedures and access should not be delayed for members or military families.

(7) When a member of the Armed Forces decides to obtain abortion or fertility care, 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) Members of the Armed Forces and their dependents often face insurmountable barriers to accessing fertility care. These logistical and systemic barriers include discriminatory restrictions on insurance coverage, high out-of-pocket costs, and limited availability of health care facilities. As a result, many members and their dependents are unable to access the fertility care they need to build their families. Ensuring that members and their dependents can access this care is critical to promoting their reproductive and bodily autonomy and their right to decide if, when, and how they have children.

(10) 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 enlisted members, and Black, Indigenous, and people of color, immigrants, young people, people with disabilities, the LGBTQI+ community, and those stationed overseas or in rural and other medically underserved areas.

(11) Equal access to abortion and fertility care, everywhere, is essential to social and economic participation, equality, reproductive autonomy, and the right to determine a person’s own life and future.

(12) Infertility and access to fertility care implicate core human rights—including rights to health, to sexual and reproductive health, to make decisions about whether and when to have children, and to equality and non-discrimination. Denying members of the Armed Forces benefits to access fertility care violates these rights and undermines their reproductive and bodily autonomy.

(13) Members of the Armed Forces are exposed to job-related risk factors that increase the likelihood they will experience infertility. Many members are deployed in combat areas where they may experience service-related injuries or exposure to toxic chemicals that harm their fertility. Additionally, the Department of Defense estimates that between 20 and 30 percent of members have experienced sexual assault and post-traumatic stress disorder, both of which have been linked to infertility.

(14) 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.

(15) 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.

(a) In general.— The Secretary concerned (as such term is defined in section 101 of title 10, United States Code) shall, with respect to non-covered reproductive health care (including 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 non-covered reproductive health 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 while receiving non-covered reproductive health care services if timely access to such services is not available near the member or dependent’s location. Such costs shall include—

(1) the cost of meals, including taxes and tips;

(2) the cost of lodging, including taxes, tips, and services charges;

(3) the cost of round-trip transportation between the member or dependent’s location and the non-covered reproductive health care service location; and

(4) if a member of the Armed Forces or a dependent of such a member requests one or more escorts or attendants, the cost of standard travel and transportation allowances for one or more necessary escorts or attendants.

(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, providing, or approving an action authorized by this section.

(e) Non-Covered reproductive health care defined.— In this section, the term non-covered reproductive health care includes—

(1) abortion care other than abortion care permitted under section 1093 of title 10, United States Code; 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.