Abortion Services and Military Medical Facilities

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DavidF. Burrelli
Specialist in Military Manpower Policy

In1993, President Clinton modified the military policy on providing abortions atmilitary medical facilities. Under the change directed by the President,military medical facilities were allowed to perform abortions if paid forentirely with non-Department of Defense (DOD) funds (i.e., privatelyfunded). Although arguably consistent with statutory language barring the useof Defense Department funds, the President’s policy overturned a formerinterpretation of existing law barring the availability of these services.On December 1, 1995, H.R. 2126, the FY1996 DOD appropriations act, becamelaw (P.L. 104-61). Included in this law was language barring the use offunds to administer any policy that permits the performance of abortions at anyDOD facility except where the life of the mother would be endangered ifthe fetus were carried to term or where the pregnancy resulted from an actof rape or incest. Language was also included in the FY1996 DODAuthorization Act (P.L. 104-106, February 10, 1996) prohibiting the use of DOD facilitiesin the performance of abortions. These served to reverse the President’s 1993policy change. Recent attempts to change or modify these laws have failed.

Over the last three decades, the availability of abortion services at militarymedical facilities has been subjected to numerous changes andinterpretations. Within the last 15 years, Congress has considerednumerous amendments to effectuate such changes. Although Congress, in 1992, passedone such amendment to make abortions available at overseas installations, itwas vetoed. Abortions are generally not performed at military medicalfacilities in the continental United States. In addition, few have beenperformed at these facilities abroad for a number of reasons. First, theU.S. military follows the prevailing laws and rules of foreign countriesregarding abortion. Second, the military has had a difficult time findinghealth care professionals in uniform willing to perform the procedure.

With the enactment of P.L. 104-61 and P.L. 104-106, these questions becamemoot, because now, neither DOD funds nor facilities may be used toadminister any policy that provides for abortions at any DOD facility,except where the life of the mother may be endangered if the fetus were carriedto term. Privately funded abortions at military facilities are permitted whenthe pregnancy was the result of an act of rape or incest.

In 2010, language was added to the Senate version of the FY2011 NationalDefense Authorization Act that would allow any DOD facilities to performprivately funded abortions. As noted, the military follows local laws andpractices to the greatest extent possible. This potential change would notlikely have much of an effect outside of the United States since nations thathost large numbers of U.S. military personnel maintain legal restrictionson abortions. On September 21, 2010, and December 15, 2010, attempts weremade to move this legislation to the Senate floor for a vote. However, dueto disagreements over procedures, cloture votes were taken and failed. The House-passedversion of this legislation does not contain language pertaining to abortion.The FY2011 National Defense Authorization Act became P.L. 111-383 withoutthe Senate provision allowing military facilities to be used to performabortions.

In 2011, attempts to expand coverage for cases of rape and incest and allow forprivately funded abortion were blocked in the Senate.

Language in the Senate version of the National Defense Authorization Act forFY2013 would expand coverage of government-funded abortions for cases ofrape and incest.


Date of Report: December 13, 2012
Number of Pages: 24
Order Number: 95-387
Price: $29.95

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