What This Bill Does
This bill prevents the Secretary of Defense from paying for or reimbursing (giving money back for) expenses related to abortion services. The bill also eliminates a Department of Defense memorandum about reproductive health care that was issued on October 20, 2022.
Who It Affects
Members of the armed forces, civilian employees of the Department of Defense, personal services contractors (people hired to do specific jobs), and other individuals who provide health care at military medical treatment facilities (military hospitals and clinics).
Key Provisions
• The Department of Defense memorandum titled "Ensuring Access to Reproductive Health Care" dated October 20, 2022 has no legal power and cannot be used. (Sec. 1(b)(1))
• No money can be spent to carry out the memorandum or any replacement for it. (Sec. 1(b)(2))
• The Secretary of Defense cannot pay for or reimburse fees or expenses, including travel costs, when a health care professional gets a state license specifically to provide abortion services. (Sec. 1(c)(1))
What Changes
If this bill becomes law, the Department of Defense must stop following the October 20, 2022 memorandum. The Defense Department will be prohibited from paying or reimbursing expenses for licenses or travel related to providing abortion services.
Important Definitions
• Health-care professional: A member of the armed forces, Department of Defense civilian employee, personal services contractor, or other individual providing health care at a military medical treatment facility. (Sec. 1(c)(2)(A))
• License: Not defined in this bill text beyond reference to section 1094 of title 10.
I
118TH CONGRESS
1ST SESSION H. R. 1297
To amend title 10, United States Code, to prohibit the Secretary of Defense
from paying or reimbursing expenses relating to abortion services, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 2023
Mr. JACKSON of Texas (for himself, Mr. ROY, Mr. FALLON, Mr. WITTMAN,
Mr. JOHNSON of Louisiana, Mr. WALTZ, Mr. LAMBORN, Mr. MCCOR-
MICK, Mr. FINSTAD, Mr. ALFORD, Mr. WENSTRUP, Mr. SMITH of New
Jersey, Mr. DUNCAN, Mr. ELLZEY, Mr. MOOLENAAR, Mr. WEBER of
Texas, Mrs. BOEBERT, Mr. SESSIONS, Mr. BABIN, Mr. CLYDE, Mr.
MANN, Mr. MAST, Ms. VAN DUYNE, Mr. GOODEN of Texas, Mr. GOOD
of Virginia, Mr. ESTES, Mrs. MILLER of Illinois, Mr. BISHOP of North
Carolina, Mr. NORMAN, Mr. WESTERMAN, Mr. OGLES, Mr. HIGGINS of
Louisiana, Mr. GOSAR, Mr. RUTHERFORD, Mr. BRECHEEN, Mr.
PFLUGER, Mr. STEUBE, Mr. POSEY, Mr. GROTHMAN, and Mr. BANKS)
introduced the following bill; which was referred to the Committee on
Armed Services
A BILL
To amend title 10, United States Code, to prohibit the Sec-
retary of Defense from paying or reimbursing expenses
relating to abortion services, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. PROHIBITION ON PAYMENT AND REIMBURSE-
1
MENT BY DEPARTMENT OF DEFENSE OF EX-
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PENSES RELATING TO ABORTION SERVICES.
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(a) SENSE OF CONGRESS.—It is the sense of Con-
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gress that—
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(1) consistent with section 1093 of title 10,
6
United States Code, the Department of Defense may
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not use any funds for abortions except where the life
8
of the mother would be endangered if the fetus were
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carried to term or in a case in which the pregnancy
10
is the result of an act of rape or incest;
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(2) the Secretary of Defense has no legal au-
12
thority to implement any policies in which funds are
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to be used for such purpose; and
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(3) the Department of Defense Memorandum
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titled ‘‘Ensuring Access to Reproductive Health
16
Care’’, dated October 20, 2022, is therefore unlawful
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and must be rescinded.
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(b) REPEAL OF MEMORANDUM.—
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(1) REPEAL.—The Department of Defense
20
memorandum titled ‘‘Ensuring Access to Reproduc-
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tive Health Care’’, dated October 20, 2022, shall
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have no force or effect.
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(2) PROHIBITION ON AVAILABILITY OF FUNDS
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TO CARRY OUT MEMORANDUM.—No funds may be
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obligated or expended to carry out the memorandum
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•HR 1297 IH
specified in paragraph (1) or any successor to such
1
memorandum.
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(c) PROHIBITION.—Section 1093 of title 10, United
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States Code, is amended by adding at the end the fol-
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lowing new subsection:
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‘‘(c) PROHIBITION
ON PAYMENT
OR REIMBURSE-
6
MENT OF CERTAIN FEES.—(1) The Secretary of Defense
7
may not pay for or reimburse any fees or expenses, includ-
8
ing travel expenses, relating to a health-care professional
9
gaining a license in a State if the purpose of gaining such
10
license is to provide abortion services.
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‘‘(2) In this subsection:
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‘‘(A) The term ‘health-care professional’ means
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a member of the armed forces, civilian employee of
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the Department of Defense, personal services con-
15
tractor under section 1091 of this title, or other in-
16
dividual who provides health care at a military med-
17
ical treatment facility.
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‘‘(B) The term ‘license’ has the meaning given
19
that term in section 1094 of this title.’’.
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Æ
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