Abortion Services and Military Medical Facilities [July 10, 2008]   [open pdf - 153KB]

"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. Recent attempts to change or modify these laws have failed. […] There has been little legislative activity affecting the military on this issue. The last major effort occurred with an amendment to the House version of the FY2007 National Defense Authorization Act would allow DOD facilities outside the U.S. to perform privately-funded abortions. This language was rejected by the conference committee. This report will be updated as warranted."

Report Number:
CRS Report for Congress, 95-387
Public Domain
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