David F. Burrelli
Specialist in Military Manpower Policy
In 1993, President Clinton modified the military policy on providing abortions at military medical facilities. Under the change directed by the President, military medical facilities were allowed to perform abortions if paid for entirely with non-Department of Defense (DOD) funds (i.e., privately funded). Although arguably consistent with statutory language barring the use of Defense Department funds, the President’s policy overturned a former interpretation of existing law barring the availability of these services. On December 1, 1995, H.R. 2126, the FY1996 DOD appropriations act, became law (P.L. 104-61). Included in this law was language barring the use of funds to administer any policy that permits the performance of abortions at any DOD facility except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy resulted from an act of rape or incest. Language was also included in the FY1996 DOD Authorization Act (P.L. 104-106, February 10, 1996) prohibiting the use of DOD facilities in the performance of abortions. These served to reverse the President’s 1993 policy change.
Over the last three decades, the availability of abortion services at military medical facilities has been subjected to numerous changes and interpretations. Within the last 15 years, Congress has considered numerous amendments to effectuate such changes.
Abortions are generally not performed at military medical facilities in the continental United States. In addition, few have been performed at these facilities abroad for a number of reasons. First, the U.S. military follows the prevailing laws and rules of foreign countries regarding abortion. Second, the military has had a difficult time finding health care professionals in uniform willing to perform the procedure.
With the enactment of P.L. 104-61 and P.L. 104-106, these questions became moot, because then, neither DOD funds nor facilities could be used to administer any policy that provides for abortions at any DOD facility, except where the life of the mother may be endangered if the fetus were carried to term. Privately funded abortions at military facilities are permitted when the pregnancy was the result of an act of rape or incest.
In 2011, attempts to expand coverage for cases of rape and incest and allow for privately funded abortion were blocked in the Senate.
Language in the Senate version of the National Defense Authorization Act for FY2013 that would expand coverage of government-funded abortions for cases of rape and incest was included in the conference report and signed into law.
Date of Report: January 9, 2013
Number of Pages: 24
Order Number: 95-387
Price: $29.95
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