
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1093]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1093. Performance of abortions: restrictions

    (a) Restriction on Use of Funds.--Funds available to the Department 
of Defense may not be used to perform abortions except where the life of 
the mother would be endangered if the fetus were carried to term.
    (b) Restriction on Use of Facilities.--No medical treatment facility 
or other facility of the Department of Defense may be used to perform an 
abortion except where the life of the mother would be endangered if the 
fetus were carried to term or in a case in which the pregnancy is the 
result of an act of rape or incest.

(Added Pub. L. 98-525, title XIV, Sec. 1401(e)(5)(A), Oct. 19, 1984, 98 
Stat. 2617; amended Pub. L. 104-106, div. A, title VII, Sec. 738(a), 
(b)(1), Feb. 10, 1996, 110 Stat. 383.)


                            Prior Provisions

    Provisions similar to those in subsec. (a) of this section were 
contained in the following appropriation acts:
    Pub. L. 98-473, title I, Sec. 101(h) [title VIII, Sec. 8044], Oct. 
12, 1984, 98 Stat. 1904, 1931.
    Pub. L. 98-212, title VII, Sec. 751, Dec. 8, 1983, 97 Stat. 1447.
    Pub. L. 97-377, title I, Sec. 101(c) [title VII, Sec. 755], Dec. 21, 
1982, 96 Stat. 1833, 1860.
    Pub. L. 97-114, title VII, Sec. 757, Dec. 29, 1981, 95 Stat. 1588.
    Pub. L. 96-527, title VII, Sec. 760, Dec. 15, 1980, 94 Stat. 3091.
    Pub. L. 96-154, title VII, Sec. 762, Dec. 21, 1979, 93 Stat. 1162.
    Pub. L. 95-457, title VIII, Sec. 863, Oct. 13, 1978, 92 Stat. 1254.


                               Amendments

    1996--Pub. L. 104-106, Sec. 738(b)(1), amended section catchline 
generally, substituting ``Performance of abortions: restrictions'' for 
``Restrictions on use of funds for abortions''.
    Pub. L. 104-106, Sec. 738(a), designated existing provisions as 
subsec. (a), inserted subsec. heading, and added subsec. (b).


                             Effective Date

    Section effective Oct. 1, 1985, see section 1404 of Pub. L. 98-525, 
set out as a note under section 520b of this title.

            Privately Funded Abortions at Military Hospitals

    Memorandum of the President of the United States, Jan. 22, 1993, 58 
F.R. 6439, provided:
    Memorandum for the Secretary of Defense
    Section 1093 of title 10 of the United States Code prohibits the use 
of Department of Defense (``DOD'') funds to perform abortions except 
where the life of a woman would be endangered if the fetus were carried 
to term. By memoranda of December 21, 1987, and June 21, 1988, DOD has 
gone beyond what I am informed are the requirements of the statute and 
has banned all abortions at U.S. military facilities, even where the 
procedure is privately funded. This ban is unwarranted. Accordingly, I 
hereby direct that you reverse the ban immediately and permit abortion 
services to be provided, if paid for entirely with non-DOD funds and in 
accordance with other relevant DOD policies and procedures.
    You are hereby authorized and directed to publish this memorandum in 
the Federal Register.
                                                     William J. Clinton.
