I
118th CONGRESS
1st Session
H. R. 1297
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. McCormick, 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 Secretary of Defense from paying or reimbursing expenses relating to abortion services, and for other purposes.
Prohibition on payment and reimbursement by Department of Defense of expenses relating to abortion services
Sense of Congress
It is the sense of Congress that—
consistent with section 1093 of title 10, United States Code, the Department of Defense may not use any funds for abortions except where the life of the mother would be endangered if the fetus were carried to term or in a case in which the pregnancy is the result of an act of rape or incest;
the Secretary of Defense has no legal authority to implement any policies in which funds are to be used for such purpose; and
the Department of Defense Memorandum titled Ensuring Access to Reproductive Health Care
, dated October 20, 2022, is therefore unlawful and must be rescinded.
Repeal of memorandum
Repeal
The Department of Defense memorandum titled Ensuring Access to Reproductive Health Care
, dated October 20, 2022, shall have no force or effect.
Prohibition on availability of funds to carry out memorandum
No funds may be obligated or expended to carry out the memorandum specified in paragraph (1) or any successor to such memorandum.
Prohibition
Section 1093 of title 10, United States Code, is amended by adding at the end the following new subsection:
Prohibition on payment or reimbursement of certain fees
The Secretary of Defense may not pay for or reimburse any fees or expenses, including travel expenses, relating to a health-care professional gaining a license in a State if the purpose of gaining such license is to provide abortion services.
In this subsection:
The term health-care professional means a member of the armed forces, civilian employee of the Department of Defense, personal services contractor under section 1091 of this title, or other individual who provides health care at a military medical treatment facility.
The term license has the meaning given that term in section 1094 of this title.
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