Access to Reproductive Care for Servicemembers Act
- Sponsor
- Rep. Sherrill, Mikie [D-NJ-11]
- Committees
- Armed Services Committee (primary)
- Last action
- Feb 11, 2026
Bottom line
This bill aims to ensure military personnel and their dependents have guaranteed leave and travel reimbursement for a broad range of reproductive health services, including abortion and fertility treatments, without requiring disclosure to their chain of command.
What it actually does
This bill mandates that the Secretary concerned of each Armed Force approve leave for servicemembers or their dependents to seek "non-covered reproductive health care," which includes abortion care beyond existing federal exceptions and a comprehensive list of assisted reproductive technologies. It also requires reimbursement for travel costs if timely access to such services is not available near the member's location and prohibits any adverse action against those who request, take, provide, or approve such leave.
Proponents argue
Supporters argue that access to comprehensive reproductive care, including abortion and fertility treatments, is essential for the health, well-being, and bodily autonomy of servicemembers and their families, especially given state-level restrictions and job-related risk factors for infertility. They contend that denying such leave and care negatively impacts military readiness and retention.
Opponents contend
Opponents might argue that this bill expands federal involvement in abortion access beyond current legal frameworks, potentially using taxpayer funds for services that some find morally objectionable. Concerns could also be raised about the potential impact on military operations if a significant number of servicemembers take leave for these purposes, or about the scope of "non-covered reproductive health care."
The bill is concise and clearly written, making it accessible for a reader to understand its provisions quickly.
Section 3(a)
Mandatory Approval of Leave for Reproductive Health Care
This provision requires the military Secretaries to consider "non-covered reproductive health care" (defined to include most abortion care and assisted reproductive technology) as time-sensitive and to approve leave for servicemembers or their dependents seeking such care. It explicitly states that the member or dependent is not required to disclose the specific procedure to their commanding officer.
Supporters argue
Supporters argue this provision ensures that servicemembers, who often face unique geographical and logistical challenges due to their assignments, are not denied essential reproductive health services based on local state laws or a commander's personal beliefs. It promotes health, well-being, and retention.
Critics contend
Opponents may argue that this provision could interfere with military readiness by making it easier for servicemembers to take leave, potentially impacting unit cohesion or operational schedules. They might also raise concerns about the scope of "non-covered" care being mandated for leave.
Tradeoffs
Balances servicemember autonomy and access to healthcare against potential impacts on military operational flexibility and command discretion.
Section 3(b)
Travel Reimbursement for Reproductive Health Care
This provision requires the Secretary concerned to reimburse servicemembers or their dependents for travel costs (meals, lodging, transportation) incurred when timely access to "non-covered reproductive health care" is not available near their location. It also covers travel allowances for necessary escorts or attendants.
Section 3(c)
Privacy for Servicemembers Seeking Reproductive Care
This provision mandates that Defense Health Agency healthcare providers and commanding officers protect the privacy of a servicemember taking leave under this section, both when requesting leave and upon returning to duty, "to the greatest extent practicable."
Section 3(d)
Protection Against Adverse Action
This provision explicitly prohibits any member of the Armed Forces from being subjected to adverse action for requesting, taking, providing, or approving an action authorized by this section, such as requesting leave or approving it.
Section 3(e)
Definition of Non-Covered Reproductive Health Care
This section defines "non-covered reproductive health care" to include abortion care other than what is already permitted under 10 U.S.C. 1093 (which generally covers abortions in cases of rape, incest, or life endangerment). It also broadly includes various assisted reproductive technologies (ART) such as ovarian stimulation, egg/sperm retrieval, intrauterine insemination, and in vitro fertilization (including various forms of IVF).
Defines "non-covered reproductive health care" to include abortion care beyond existing federal exceptions (rape, incest, life endangerment) and a comprehensive list of assisted reproductive technologies (ART), such as various forms of in vitro fertilization, egg/sperm retrieval, and intrauterine insemination.
Section 3(e)
Why it matters:This is standard legislative practice for definitions, but its placement at the end of the section means a casual reader might grasp the general intent without realizing the full breadth of services covered. The detailed list of ART procedures adds technical complexity.
Case for: Supporters argue that a clear and comprehensive definition is necessary to ensure that servicemembers and military leadership understand precisely which services are covered by the new leave and reimbursement policies, preventing ambiguity and ensuring broad access to essential care.
Case against: Opponents might argue that by defining "non-covered reproductive health care" so broadly, particularly to include abortion care beyond existing federal funding restrictions, the bill is attempting to circumvent established policy through definitional language.
Estimated impact: This definition significantly expands the scope of reproductive health services for which servicemembers can receive mandated leave and travel reimbursement, potentially affecting thousands of servicemembers and their dependents annually.