Issue

Language in the Senate version of the National Defense Authorization Act for FY2013 that would expand coverage of government-funded abortions provided via military health care to cases of rape and incest was included in the conference report and signed into law. This memorandum directed a change in policy so that abortions could be performed at military medical facilities provided that the procedure was "privately funded." Although the President's interpretation of the language was arguably consistent with the letter of the law, critics contend that it countermanded the spirit of the statute and is overly broad. On December 1, 1995, P.L. 104-61 was enacted. On February 10, 1996, P.L. 104-106 was enacted. As noted above, language has been included in the Senate version of the FY2013 National Defense Authorization Act that would expand the availability of government-funded abortion to cases where the pregnancy was the result of an act of rape or incest. These abortions were privately paid for. In 1980, the language included in the FY1981 DOD appropriations act was again modified as follows:
None of the funds appropriated by this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term; or except for such medical procedures necessary for the victim of rape or incest, when such rape has within seventy-two hours been reported to a law enforcement agency or public health service; nor are payments prohibited for drugs or devices to prevent implantation of the fertilized ovum, or for medical procedures necessary for the termination of an ectopic pregnancy: Provided, however, That the several States are and shall remain free not to fund abortions to the extent that they in their sole discretion deem appropriate. A number of reasons have been advanced to explain this general unwillingness by health care personnel in uniform to perform these procedures. DOD respects host nation laws regarding abortion." None of the funds made available in this Act may be used to administer any policy that permits the performance of abortions at medical treatment or other facilities of the Department of Defense, except when it is made known to the federal official having authority to obligate or expend such funds that the life of the mother would be endangered if the fetus were carried to term: Provided, That the provisions of this section shall enter into force if specifically authorized in the National Defense Authorization Act for Fiscal Year 1996. 104-406]." In 1998, the House National Security Committee rejected another attempt to allow for privately funded abortions at these facilities. H.R. This amendment would have limited the restriction on the use of DOD facilities for performing abortions at those facilities "in the United States." Neither S.Amdt. Availability of Abortion Services at Military Facilities Overseas

According to Department of Defense and individual command officials (as reported to the Army Times , September 5, 1994: 18; source: Defense Department and individual command officials), the availability of abortion services (prior to the restrictions enacted on December 1, 1995) at military facilities overseas could vary depending on location. Local U.S. military policy: Under German law, abortions are illegal except in cases of rape or medical necessity. The military does not allow abortions at its facilities. ITALY
National policy: Abortions are permitted. Abortions are not performed at military hospitals.
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.