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. 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. PROHIBITION ON PAYMENT AND REIMBURSE2 MENT BY DEPARTMENT OF DEFENSE OF EX3 PENSES RELATING TO ABORTION SERVICES. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) consistent with section 1093 of title 10, 

7 United States Code, the Department of Defense may 

8 not use any funds for abortions except where the life 

9 of the mother would be endangered if the fetus were 

10 carried to term or in a case in which the pregnancy 

11 is the result of an act of rape or incest; 

12 (2) the Secretary of Defense has no legal au13 thority to implement any policies in which funds are 

14 to be used for such purpose; and 

15 (3) the Department of Defense Memorandum 

16 titled ‘‘Ensuring Access to Reproductive Health 

17 Care’’, dated October 20, 2022, is therefore unlawful 

18 and must be rescinded. 

19 (b) REPEAL OF MEMORANDUM.— 

20 (1) REPEAL.—The Department of Defense 

21 memorandum titled ‘‘Ensuring Access to Reproduc22 tive Health Care’’, dated October 20, 2022, shall 

23 have no force or effect. 

24 (2) PROHIBITION ON AVAILABILITY OF FUNDS

25 TO CARRY OUT MEMORANDUM.—No funds may be 

26 obligated or expended to carry out the memorandum 


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1 specified in paragraph (1) or any successor to such 

2 memorandum. 

3 (c) PROHIBITION.—Section 1093 of title 10, United 

4 States Code, is amended by adding at the end the fol5 lowing new subsection: 

6 ‘‘(c) PROHIBITION ON PAYMENT OR REIMBURSE7 MENT OF CERTAIN FEES.—(1) The Secretary of Defense 

8 may not pay for or reimburse any fees or expenses, includ9 ing travel expenses, relating to a health-care professional 

10 gaining a license in a State if the purpose of gaining such 

11 license is to provide abortion services. 

12 ‘‘(2) In this subsection: 

13 ‘‘(A) The term ‘health-care professional’ means 

14 a member of the armed forces, civilian employee of 

15 the Department of Defense, personal services con16 tractor under section 1091 of this title, or other in17 dividual who provides health care at a military med18 ical treatment facility. 

19 ‘‘(B) The term ‘license’ has the meaning given 

20 that term in section 1094 of this title.’’. 

Æ 


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