II 
Calendar No. 40 
112TH CONGRESS 
1ST SESSION 
H. R. 3 
IN THE SENATE OF THE UNITED STATES 
MAY 5, 2011 
Received; read the first time 
MAY 9, 2011 
Read the second time and placed on the calendar 
AN ACT 
To prohibit taxpayer funded abortions and to provide for 
conscience protections, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘No Taxpayer Funding for Abortion Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—PROHIBITING FEDERALLY-FUNDED ABORTIONS AND 
PROVIDING FOR CONSCIENCE PROTECTIONS 
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Sec. 101. Prohibiting taxpayer funded abortions and providing for conscience 
protections. 
Sec. 102. Amendment to table of chapters. 
TITLE II—ELIMINATION OF CERTAIN TAX BENEFITS RELATING 
TO ABORTION 
Sec. 201. Deduction for medical expenses not allowed for abortions. 
Sec. 202. Disallowance of refundable credit for coverage under qualified health 
plan which provides coverage for abortion. 
Sec. 203. Disallowance of small employer health insurance expense credit for 
plan which includes coverage for abortion. 
Sec. 204. Distributions for abortion expenses from certain accounts and ar-
rangements included in gross income. 
TITLE I—PROHIBITING FEDER-
ALLY-FUNDED 
ABORTIONS 
AND PROVIDING FOR CON-
SCIENCE PROTECTIONS 
SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS 
AND PROVIDING FOR CONSCIENCE PROTEC-
TIONS. 
Title 1, United States Code is amended by adding 
at the end the following new chapter: 
‘‘CHAPTER 
4—PROHIBITING 
TAXPAYER 
FUNDED ABORTIONS AND PROVIDING 
FOR CONSCIENCE PROTECTIONS 
‘‘Sec. 
‘‘301. Prohibition on funding for abortions. 
‘‘302. Prohibition on funding for health benefits plans that cover abortion. 
‘‘303. Limitation on Federal facilities and employees. 
‘‘304. Construction relating to separate coverage. 
‘‘305. Construction relating to the use of non-Federal funds for health coverage. 
‘‘306. Non-preemption of other Federal laws. 
‘‘307. Construction relating to complications arising from abortion. 
‘‘308. Treatment of abortions related to rape, incest, or preserving the life of 
the mother. 
‘‘309. Application to District of Columbia. 
‘‘310. No government discrimination against certain health care entities. 
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‘‘§ 301. Prohibition on funding for abortions 
‘‘No funds authorized or appropriated by Federal 
law, and none of the funds in any trust fund to which 
funds are authorized or appropriated by Federal law, shall 
be expended for any abortion. 
‘‘§ 302. Prohibition on funding for health benefits 
plans that cover abortion 
‘‘None of the funds authorized or appropriated by 
Federal law, and none of the funds in any trust fund to 
which funds are authorized or appropriated by Federal 
law, shall be expended for health benefits coverage that 
includes coverage of abortion. 
‘‘§ 303. Limitation on Federal facilities and employees 
‘‘No health care service furnished— 
‘‘(1) by or in a health care facility owned or op-
erated by the Federal Government; or 
‘‘(2) by any physician or other individual em-
ployed by the Federal Government to provide health 
care services within the scope of the physician’s or 
individual’s employment, 
may include abortion. 
‘‘§ 304. Construction relating to separate coverage 
‘‘Nothing in this chapter shall be construed as pro-
hibiting any individual, entity, or State or locality from 
purchasing separate abortion coverage or health benefits 
coverage that includes abortion so long as such coverage 
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is paid for entirely using only funds not authorized or ap-
propriated by Federal law and such coverage shall not be 
purchased using matching funds required for a federally 
subsidized program, including a State’s or locality’s con-
tribution of Medicaid matching funds. 
‘‘§ 305. Construction relating to the use of non-Fed-
eral funds for health coverage 
‘‘Nothing in this chapter shall be construed as re-
stricting the ability of any non-Federal health benefits cov-
erage provider from offering abortion coverage, or the abil-
ity of a State or locality to contract separately with such 
a provider for such coverage, so long as only funds not 
authorized or appropriated by Federal law are used and 
such coverage shall not be purchased using matching 
funds required for a federally subsidized program, includ-
ing a State’s or locality’s contribution of Medicaid match-
ing funds. 
‘‘§ 306. Non-preemption of other Federal laws 
‘‘Nothing in this chapter shall repeal, amend, or have 
any effect on any other Federal law to the extent such 
law imposes any limitation on the use of funds for abortion 
or for health benefits coverage that includes coverage of 
abortion, beyond the limitations set forth in this chapter.
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‘‘§ 307. Construction relating to complications arising 
from abortion 
‘‘Nothing in this chapter shall be construed to apply 
to the treatment of any infection, injury, disease, or dis-
order that has been caused by or exacerbated by the per-
formance of an abortion. This rule of construction shall 
be applicable without regard to whether the abortion was 
performed in accord with Federal or State law, and with-
out regard to whether funding for the abortion is permis-
sible under section 308. 
‘‘§ 308. Treatment of abortions related to rape, incest, 
or preserving the life of the mother 
‘‘The limitations established in sections 301, 302, 
and 303 shall not apply to an abortion— 
‘‘(1) if the pregnancy is the result of an act of 
rape or incest; or 
‘‘(2) in the case where a woman suffers from a 
physical disorder, physical injury, or physical illness 
that would, as certified by a physician, place the 
woman in danger of death unless an abortion is per-
formed, including a life-endangering physical condi-
tion caused by or arising from the pregnancy itself. 
‘‘§ 309. Application to District of Columbia 
‘‘In this chapter: 
‘‘(1) Any reference to funds appropriated by 
Federal law shall be treated as including any 
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