2009 US Code
Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 55 - MEDICAL AND DENTAL CARE
Sec. 1093 - Performance of abortions: restrictions
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 3, Title 10 - ARMED FORCES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 55 - MEDICAL AND DENTAL CARE Sec. 1093 - Performance of abortions: restrictions |
| Contains | section 1093 |
| Date | 2009 |
| Laws in Effect as of Date | February 1, 2010 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Added Pub. L. 98-525, title XIV, §1401(e)(5)(A), Oct. 19, 1984, 98 Stat. 2617; amended Pub. L. 104-106, div. A, title VII, §738(a), (b)(1), Feb. 10, 1996, 110 Stat. 383. |
| Statutes at Large References | 92 Stat. 1254 93 Stat. 1162 94 Stat. 3091 95 Stat. 1588 96 Stat. 1833 97 Stat. 1447 98 Stat. 2617, 1904 110 Stat. 383 |
| Public Law References | Public Law 95-457, Public Law 96-154, Public Law 96-527, Public Law 97-114, Public Law 97-377, Public Law 98-212, Public Law 98-473, Public Law 98-525, Public Law 104-106 |
§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, §1401(e)(5)(A), Oct. 19, 1984, 98 Stat. 2617; amended Pub. L. 104–106, div. A, title VII, §738(a), (b)(1), Feb. 10, 1996, 110 Stat. 383.)
Prior ProvisionsProvisions similar to those in subsec. (a) of this section were contained in the following appropriation acts:
Pub. L. 98–473, title I, §101(h) [title VIII, §8044], Oct. 12, 1984, 98 Stat. 1904, 1931.
Pub. L. 98–212, title VII, §751, Dec. 8, 1983, 97 Stat. 1447.
Pub. L. 97–377, title I, §101(c) [title VII, §755], Dec. 21, 1982, 96 Stat. 1833, 1860.
Pub. L. 97–114, title VII, §757, Dec. 29, 1981, 95 Stat. 1588.
Pub. L. 96–527, title VII, §760, Dec. 15, 1980, 94 Stat. 3091.
Pub. L. 96–154, title VII, §762, Dec. 21, 1979, 93 Stat. 1162.
Pub. L. 95–457, title VIII, §863, Oct. 13, 1978, 92 Stat. 1254.
Amendments1996—Pub. L. 104–106, §738(b)(1), amended section catchline generally, substituting “Performance of abortions: restrictions” for “Restrictions on use of funds for abortions”.
Pub. L. 104–106, §738(a), designated existing provisions as subsec. (a), inserted subsec. heading, and added subsec. (b).
Effective DateSection 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 HospitalsMemorandum 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.
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