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.

This bill prohibits the Department of Defense (DOD) from providing certain funding related to abortion services. Specifically, the bill prohibits DOD from paying or reimbursing any fees or expenses for a health care professional (who provides health care at a military medical treatment facility) to gain a license in a state if the purpose of gaining the license is to provide abortion services.

The bill also repeals the DOD memorandum titled Ensuring Access to Reproductive Health Care (October 20, 2022). Such memo sets forth DOD policies and procedures in response to the Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization. Under the bill, DOD may not obligate or expend funds to carry out the memo or any successor memo.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1297 Introduced in House (IH)]

<DOC>






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. 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION ON PAYMENT AND REIMBURSEMENT BY DEPARTMENT OF 
              DEFENSE OF EXPENSES RELATING TO ABORTION SERVICES.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) 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;
            (2) the Secretary of Defense has no legal authority to 
        implement any policies in which funds are to be used for such 
        purpose; and
            (3) the Department of Defense Memorandum titled ``Ensuring 
        Access to Reproductive Health Care'', dated October 20, 2022, 
        is therefore unlawful and must be rescinded.
    (b) Repeal of Memorandum.--
            (1) Repeal.--The Department of Defense memorandum titled 
        ``Ensuring Access to Reproductive Health Care'', dated October 
        20, 2022, shall have no force or effect.
            (2) 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.
    (c) Prohibition.--Section 1093 of title 10, United States Code, is 
amended by adding at the end the following new subsection:
    ``(c) Prohibition on Payment or Reimbursement of Certain Fees.--(1) 
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.
    ``(2) In this subsection:
            ``(A) 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.
            ``(B) The term `license' has the meaning given that term in 
        section 1094 of this title.''.
                                 <all>