Federal Workforce Reproductive Rights Protection Act

This Act may be cited as the “Federal Workforce Reproductive Rights Protection Act”.

(a) In general.— No headquarters or significant portion of an Executive agency may be moved to a location in a State or territory of the United States on the list published by the Comptroller General of the United States under subsection (b).

(b) Restrictive location list.— Not later than one week after the date of the enactment of this Act, the Comptroller General of the United States shall—

(1) develop and publish a list of States and territories of the United States in which a law of such State or territory restricting or prohibiting abortion care that is in effect—

(A) is or was enacted on or after June 24, 2022; or

(B) was enacted prior to such date and became effective or enforceable on or after such date; and

(2) update such list not less frequently than quarterly.

(a) In general.— Except by express reference to this provision, none of the funds made available to an Executive agency may be used to—

(1) move the headquarters or a significant portion of an Executive agency to a location in a State or territory of the United States on the list published by the Comptroller General of the United States under section 2(b); or

(2) lease, purchase, or construct any facility in such a State or territory for use by an Executive agency.

(b) Exceptions.— Subsection (a) shall not apply with respect to the use of funds by an Executive agency to—

(1) maintain or repair a facility in a State or territory of the United States on the list published by the Comptroller General of the United States under section 2(b); or

(2) enter into or renew a lease for a facility in a State or territory of the United States on the list published by the Comptroller General of the United States under section 2(b) if—

(A) as of the date of the enactment of this Act and as of the date on which such Executive agency enters into or renews such a lease, such Executive agency leases or operates such facility; or

(B) such facility is only for the provision of in-person services by such Executive agency to the public.

(a) Opt out.— A Federal employee may, for the purposes described in subsection (c), decline any detail, transfer, assignment, or other temporary or permanent change to the official duty station of the Federal employee that will result in a new official duty station of the Federal employee that is located in a State or territory of the United States on the list published by the Comptroller General of the United States under section 2(b).

(b) Promotions and appointments.— No appointment or promotion of a Federal employee or applicant for employment to a position in an Executive agency may require, as a condition of the appointment or promotion, that such Federal employee or applicant for employment be located in or move to a State or territory of the United States on the list published by the Comptroller General of the United States under section 2(b), unless such requirement must be waived for any applicable purpose described in subsection (c).

(c) Purposes described.— The purposes described in this subsection are, with respect to a Federal employee or applicant for employment, medical, reproductive, family planning, or personal health considerations of such Federal employee, applicant for employment, or an eligible dependent of such Federal employee or applicant for employment.

(a) In general.— The head of an Executive agency shall, in accordance with the regulations issued by the Director of the Office of Personnel Management under subsection (b), authorize travel and transportation allowances for Federal employees of such Executive agency and eligible dependents of such Federal employees for the costs of traveling outside of the State or territory of the United States in which such Federal employee is a resident to obtain a lawful reproductive health care service that is not accessible to such Federal employee or eligible dependent in such State or territory.

(b) Regulations.— Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall issues regulations providing for travel and transportation allowances described in subsection (a) in the same manner, to the extent practicable, as travel and transportation allowances provided to members of the Armed Forces (as defined under section 101(a) of title 10, United States Code) with respect to travel for non-covered reproductive health care services under the Joint Travel Regulations for the Uniformed Services, as in effect on March 1, 2023, except that—

(1) such travel and transportation allowances shall be granted by an Executive agency to a Federal employee of such Executive agency without consideration of the needs or requirements of such Executive agency;

(2) the Federal employee shall not be required to disclose to any person other than an individual designated in accordance with subsection (c) the specific nature of the reproductive health care services with respect to which the Federal employee is seeking such travel and transportation allowances; and

(3) each individual designated under subsection (c) may disclose information provided by Federal employees for the purpose of obtaining such travel and transportation allowances only to the extent necessary for the conduct of the official duties of such individual or as otherwise required by law.

(c) Agency designee.— The head of each Executive agency shall designate one or more human resources personnel of the Executive agency to assess and approve requests for travel and transportation allowances described in subsection (a).

(a) In general.— A Federal employee is entitled to leave without loss of or reduction in pay, leave to which otherwise entitled, credit for time or service, or performance or efficiency rating, for the time necessary to permit such Federal employee or an eligible dependent of such Federal employee to obtain abortion services when such Federal employee or eligible dependent must travel outside of the State or territory of the United States in which such Federal employee is a resident or in which the primary duty station of such Federal employee is located because such abortion services are not available to such Federal employee or eligible dependent in such State or territory.

(b) Maximum leave.— A Federal employee may use not more than 21 days of leave under this section.

(a) Security clearances.— Section 801 of the National Security Act of 1947 (50 U.S.C. 3161) is amended by adding at the end the following new subsection:

“(c) The procedures under subsection (a) and the adjudicative guidelines under section 3002(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3343(d)) shall ensure that, with respect to determining whether an individual may access classified information, the following information is not requested, investigated, or considered:

(1) Whether the individual used abortion services.

(2) Whether the individual traveled to obtain abortion services.

(3) Whether the individual provided material support to a spouse, partner, dependent, or other individual for purposes of obtaining abortion care.”.

(b) Personnel actions.—

(1) In general.— Except as provided by paragraph (1), no Executive agency may, for the purposes of any personnel action, request, investigate, or consider—

(A) whether an individual used abortion services;

(B) whether an individual traveled to obtain abortion services; or

(C) whether an individual provided material support to a spouse, partner, dependent, or other individual for purposes of obtaining abortion care.

(2) Investigation of misuse permitted.— Notwithstanding paragraph (1), an Executive agency may request, investigate, and consider the information described in subparagraphs (A), (B), and (C) of such paragraph for the purposes of a personnel action based on the use of an allowance under section 5 or leave under section 6 for a purpose other than the purposes for which such allowance or leave, as applicable, is authorized, except that such Executive agency may request, investigate, and consider such information only to the extent necessary to determine the existence and extent of such misuse.

(c) Guidelines.— Not later than 90 days after the date of the enactment of this Act—

(1) the President shall revise the adjudicative guidelines under section 3002(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3343(d)) pursuant to subsection (c) of 801 of the National Security Act of 1947 (50 U.S.C. 3161), as added by subsection (a) of this section; and

(2) the Director of the Office of Personnel Management shall issue guidance implementing subsection (b) of this section.

No Executive agency may take or fail to take, or threaten to take or fail to take, an adverse personnel action with respect to any Federal employee or applicant for employment because—

(1) a Federal employee declines a detail, transfer, assignment, or other temporary or permanent change to the official duty station of the Federal employee under section 2(a);

(2) of the waiver of a requirement for an appointment or promotion under section 2(b);

(3) a Federal employee requests or receives a travel or transportation allowance under section 5; or

(4) a Federal employee uses leave to which the Federal employee is entitled under section 6.

This Act shall take effect on the date that is 60 days after the date of the enactment of this Act.

If any provision of this Act or amendment made by this Act, or the application of a provision of this Act or amendment made by this Act to any person or circumstances, is held to be unconstitutional, the remainder of this Act, and application of the provision or amendment to any other person or circumstance, shall not be affected thereby.

In this Act:

(1) Applicant for employment.— The term applicant for employment means an individual applying for a position in which such individual will be a Federal employee.

(2) Dependent.— The term dependent, with respect to a Federal employee or applicant for employment, has the meaning given such term in section 8901 of title 5, United States Code, except that such term includes an individual who is—

(A) an adopted or recognized natural child of such Federal employee or applicant for employment; or

(B) a stepchild or foster child of such Federal employee or applicant for employment if such individual lives with such Federal employee or applicant for employment in a regular parent-child relationship.

(3) Eligible dependent.— The term eligible dependent, with respect to a Federal employee or applicant for employment, means an unmarried dependent of such Federal employee or applicant for employment who is—

(A) under 26 years of age; or

(B) incapable of self-support because of a mental or physical disability that existed before such unmarried dependent was 26 years of age.

(4) Executive agency.— The term Executive agency has the meaning given such term in section 105 of title 5, United States Code.

(5) Federal employee.— The term Federal employee means a civilian employee of an Executive agency, other than an employee who is—

(A) a political appointee; or

(B) a member of the Senior Executive Service.

(6) Lawful reproductive health care services.— The term lawful reproductive health care service means a reproductive health care service, including abortion, that is accessible and not prohibited by law in the State or territory of the United States in which such reproductive health care service is provided.

(7) Personnel action.— The term personnel action has the meaning given such term in section 2302(a) of title 5, United States Code.

(8) Political appointee.— The term political appointee means an individual serving in an appointment to a political position.

(9) Political position.— The term political position means—

(A) a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule), other than a position at the Board of Governors of the Federal Reserve System; or

(B) a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.

(10) Significant portion.— The term significant portion, with respect to an Executive agency, means—

(A) not less than 5 percent of the employees of such Executive agency; or

(B) components or elements of such Executive agency, or any part or parts thereof, that, in the aggregate, implicate not less than 10 percent of the annual discretionary budget of such Executive agency.