Tuberville puts hold on defense nominees over policy that will ‘facilitate thousands of abortions’
Following the U.S. Department of Defense’s trio of policies announced Thursday that will provide assistance for service members seeking abortions, Sen. Tommy Tuberville (R-Ala.) announced a hold on any new DoD nominees coming before the U.S. Senate.
Tuberville said he will hold all “civilian, flag, and general officer nominations” unless Defense Secretary Lloyd Austin goes “through Congress” to secure abortion access for service members.
The policies, which will go into effect in 29 days, would allow service members to request administrative absence for “non-covered reproductive health services,” which includes elective abortions and IVF, for themselves or to accompany their partners.
The policies also provide transportation allowances to travel to states where reproductive care is more expansive.
Additionally, the new policies would allow Service members to wait up to 20 weeks before disclosing their pregnancies.
Tuberville expressed a belief that the new policies will “facilitate thousands of abortions a year with taxpayer dollars.”
“This is an illegal expansion of DoD authority and gross misuse of taxpayer dollars – and I will hold him accountable. The American people want a military focused on national defense, not facilitating a progressive political agenda,” Tuberville said in a statement to Fox News Friday.
What does a hold do?
A hold is an informal strategy, often to express disapproval of a bill or nomination, used to delay Congressional action.
Tuberville’s hold means any Defense Department nominees will require a formal Senate vote, instead of the opportunity to be approved by unanimous consent. Sen. Chuck Schumer (D-N.Y.) can hold a cloture vote to override Tuberville’s objection.
Tuberville, who serves on the Committee on Armed Services as a minority member, has been vocal about his disapproval of expanded access to abortions and reproductive health.
On Feb. 8, he and Rep. Michael Cloud (R-Tx.) introduced a joint resolution disapproving of a Department of Veterans’ Affairs rule expanding abortion access for veterans whose lives may be at risk, or whose pregnancies were a result of rape or incest, even in states with total bans, like Alabama.
What is non-covered reproductive health care?
The DOD covers certain abortions under TRICARE, the military health plan.
“Covered abortions” are pregnancy terminations where the mother or pregnant person’s life would be endangered if the pregnancy was carried to term or those where the pregnancy is a result of rape or incest.
According to the Defense Department’s website, “non-covered reproductive health care is defined in policy as lawfully available assisted reproductive technology, which includes egg retrieval, IUI, and IVF, and non-covered abortion.”
The DOD said non-covered reproductive health care is at the patient’s expense, meaning elected abortions will not be funded by tax dollars, despite Tuberville’s concerns.
“Federal law prohibits the DOD from performing, or paying for the performance of, abortions for any other reason,” the DOD website states.
In terms of the difference between TRICARE coverage and Alabama’s restrictions, the difference is the ability to terminate a pregnancy that is a result of rape or incest, which Alabama law does not allow.
A chart of what TRICARE coverage for women will cover can be found here.
The DOD said military medical treatment facilities (MTFs) will still provide IUDs, Plan B, Ella and other contraceptive care at their locations, regardless of state law. When state and federal law conflict, federal law takes precedent.
Regarding discrepancies about the performance of covered abortions — those that endanger the life of the patient or are a result of rape or incest, the DOD said private providers are subject to state laws, but MTF providers adhere to federal laws.
“Military medical treatment facilities are still authorized to provide covered abortions, even when state laws restrict such care,” the DOD website said.
Who does the new policy apply to? What leave is covered?
The ability to request administrative absence is available to active Service members who are receiving reproductive care for themselves or accompanying a dependent or dual-military spouse.
Administrative absence for the purpose of non-covered reproductive care can be up to 21 days. Service members who are granted administrative absence will not be charged leave.
Service members can also request regular leave or special liberty to receive non-covered reproductive care, though special liberty would be capped at four days.
Service authorities are also required to exercise discretion about reproductive health care decisions.
“Commanders or approval authorities are expected to display objectivity, compassion, and discretion when addressing all health care matters, including reproductive health care matters, and have a duty to enforce existing policies against discrimination and retaliation in the context of reproductive health care choices,” the new policy reads.
How will Alabamians be affected?
The DOD noted that Service members and their families do not get to choose where they are stationed, which is why they will assist with travel for reproductive care.
“Our Service members and their families do not control where they are stationed,” a statement read. “The efforts taken by the Department today will not only ensure that Service members and their families are afforded time and flexibility to make private health care decisions, but will also ensure Service members are able to access non-covered reproductive health care regardless of where they are stationed.”
Alabama has three MTFs, located near would not be able to receive abortions that were not a result of rape, incest or a dangerous pregnancy at MTFs. At private hospitals, they would only be able to receive abortions for dangerous pregnancies.
According to the TRICARE site, Alabama has three MTFs, located near Huntsville, Montgomery and Enterprise.
U.S. Rep. Mike Rogers (R-Ala.), who chairs the House Armed Services committee, also expressed disapproval of the new policies, saying the Biden Administration “chose to make the Department of Defense an abortion travel agency over a lethal fighting force.”
“As I have repeatedly told the political leaders of this administration, taking this action jeopardizes congressional authorizations for our warfighters,” Rogers said, adding that he believes the policies were put in place to “placate the radical left.”
The new policies follow a memorandum released in October, where DOD Secretary Austin promised to ensure privacy regarding medical decisions and access to reproductive rights for Service members.