I 

117TH CONGRESS 

1ST SESSION H. R. 6060 

To amend the Public Health Service Act to prohibit governmental discrimination against health care providers that do not participate in abortion. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2021 

Mr. HARRIS (for himself, Mr. BABIN, Mrs. CAMMACK, Mr. HUDSON, Mr. 

GROTHMAN, Mr. DUNCAN, Mr. ADERHOLT, Mr. POSEY, Mr. TIMMONS, 

Mr. LAMBORN, Mr. NORMAN, Mr. HICE of Georgia, Mr. BUDD, Mr. 

BIGGS, Mrs. MILLER of Illinois, Mr. CHABOT, Mr. MOONEY, Ms. 

HERRELL, Mr. MASSIE, Mr. MOORE of Utah, Mr. CARTER of Georgia, 

Mr. FORTENBERRY, Mrs. BOEBERT, Mr. RODNEY DAVIS of Illinois, Mr. 

PALMER, Ms. FOXX, Mr. MAST, Mr. WILLIAMS of Texas, Mrs. HINSON, 

Mr. WALBERG, Mr. MCKINLEY, Mr. ROGERS of Alabama, Mr. LAMALFA, 

Mr. WEBER of Texas, Mr. GOHMERT, Mrs. MILLER-MEEKS, Mr. GOOD

of Virginia, Mr. ROY, Mr. MOORE of Alabama, Mr. LUETKEMEYER, Mr. 

LATURNER, Mr. LATTA, Mr. GOODEN of Texas, Mr. SMUCKER, Mr. 

WENSTRUP, Mr. LAHOOD, Mr. GRAVES of Louisiana, Mr. CRAWFORD, 

Mr. RUTHERFORD, Mr. ROUZER, Mr. THOMPSON of Pennsylvania, Mr. 

MOOLENAAR, Mr. HERN, Mr. MEIJER, Mr. CLINE, Mr. ROSENDALE, Mr. 

BUCSHON, Mr. LOUDERMILK, Mr. HUIZENGA, Mr. CARL, Mrs. 

HARTZLER, Mr. BURGESS, Mr. PENCE, Mr. ALLEN, Mr. KUSTOFF, Mr. 

BERGMAN, Mr. COLE, Mrs. WALORSKI, Mr. KELLER, Mr. BOST, Mrs. 

LESKO, Mr. JACKSON, Mr. GRAVES of Missouri, Mr. DAVIDSON, Ms. 

LETLOW, Mr. STEIL, Mr. WILSON of South Carolina, Ms. STEFANIK, 

Mrs. MCCLAIN, Mr. BANKS, Mr. RICE of South Carolina, Mr. SMITH of 

Nebraska, Mr. FITZGERALD, Mr. C. SCOTT FRANKLIN of Florida, Mr. 

BURCHETT, Mr. WEBSTER of Florida, Mr. SIMPSON, Mr. GUTHRIE, Mr. 

FEENSTRA, Mr. GUEST, Mr. STEUBE, Mr. CLYDE, Mr. CRENSHAW, Mr. 

RESCHENTHALER, Mr. FALLON, Mr. BACON, Mr. DIAZ-BALART, Mr. 

GRIFFITH, Mr. HOLLINGSWORTH, and Mr. JOHNSON of Louisiana) introduced the following bill; which was referred to the Committee on Energy 

and Commerce 


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A BILL 

To amend the Public Health Service Act to prohibit governmental discrimination against health care providers that 

do not participate in abortion. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Conscience Protection 

5 Act of 2021’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 

8 (1) Thomas Jefferson stated a conviction com9 mon to our Nation’s founders when he declared in 

10 1809 that ‘‘[n]o provision in our Constitution ought 

11 to be dearer to man than that which protects the 

12 rights of conscience against the enterprises of the 

13 civil authority’’. 

14 (2) In 1973, the Supreme Court concluded that 

15 the government must leave the abortion decision ‘‘to 

16 the medical judgment of the pregnant woman’s at17 tending physician’’, recognizing that a physician may 

18 choose not to participate in abortion. Roe v. Wade, 

19 410 U.S. 113, 164 (1973). The Court cited with ap20 proval a policy that ‘‘neither physician, hospital, nor 

21 hospital personnel shall be required to perform any 


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1 act violative of personally-held moral principles’’, 

2 410 U.S. at 143 n. 38, and cited State laws uphold3 ing this principle. Doe v. Bolton, 410 U.S. 179, 

4 197–8 (1973). 

5 (3) Religious diversity adds to the strength of 

6 our medical field, and no doctor should have to 

7 choose between giving up their faith or moral convic8 tions and abandoning a vital medical mission. Con9 gress’ enactments to protect this right of conscience 

10 in health care include the Church amendments (42 

11 U.S.C. 300a–7), the Coats/Snowe amendment (42 

12 U.S.C. 238n), and the Weldon amendment approved 

13 by Congresses and Presidents of both parties every 

14 year since 2004 (including in section 507(d) of divi15 sion A of the Further Consolidated Appropriations 

16 Act, 2020 (Public Law 116–94; 133 Stat. 2534, 

17 2607)). 

18 (4) Courts have declined to find that these laws 

19 provide a ‘‘private right of action’’ thereby leaving 

20 victims of discrimination unable to defend their con21 science rights in court, while at the same time ad22 ministrative enforcement by the Office for Civil 

23 Rights of the Department of Health and Human 

24 Services has been inconsistent, at times allowing 

25 cases to languish for years without resolution. 


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1 (5) Defying the Weldon amendment, Califor2 nia’s Department of Managed Health Care has man3 dated coverage for elective abortions in all health 

4 plans under its jurisdiction. Other States such as 

5 New York, Illinois, and Washington have taken or 

6 considered similar action, and some States may go 

7 farther to require all physicians and hospitals to pro8 vide or facilitate abortions. On June 21, 2016, the 

9 Office for Civil Rights of the Department of Health 

10 and Human Services under the Obama Administra11 tion concluded a nearly 2-year investigation of this 

12 matter by determining that California’s decision to 

13 require insurance plans under the California Depart14 ment for Managed Health Care authority to cover 

15 abortion services did not violate the Weldon amend16 ment. At least 28,000 individuals and families sub17 sequently lost abortion-free health plans as a result 

18 of this mandate. 

19 (6) On January 24, 2020, the Office for Civil 

20 Rights of the Department of Health and Human 

21 Services disavowed its prior findings and issued a 

22 notice of violation of the Weldon amendment to Cali23 fornia. After the State’s continued noncompliance 

24 with the Weldon amendment, the Centers for Medi25 care & Medicaid Services, on December 16, 2020, 


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1 announced the disallowance of $200,000,000 per 

2 quarter in Federal funds to California beginning in 

3 the first quarter of 2021. Unless the Biden Adminis4 tration provides effective and continuing enforce5 ment against California and other States, individuals 

6 will continue to be coerced contrary to law into 

7 choosing between violating their consciences or for8 going health care coverage for themselves, their em9 ployees, or their families. 

10 (7) On May 21, 2019, the Secretary of Health 

11 and Human Services issued a final conscience rule 

12 that implements approximately 25 Federal con13 science protection provisions and provides mecha14 nisms to enforce protections enacted by Congress to 

15 ensure that the government and government-funded 

16 entities are not unlawfully discriminating against in17 dividuals, health care providers, or health care enti18 ties. Despite this regulation providing for enforce19 ment of laws passed by Congress, a Federal district 

20 court vacated the rule. Now, litigation is pending be21 fore the United States Court of Appeals for the Sec22 ond Circuit where 78 members of Congress have 

23 filed a brief in support of the rule, as well as the 

24 United States Court of Appeals for the Ninth Cir25 cuit. Litigation in both Circuits have been halted beVerDate Sep 11 2014 05:01 Dec 07, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6060.IH H6060

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1 cause the Biden Administration has indicated its in2 tent to revisit the rule. 

3 (8) The vast majority of medical professionals 

4 do not perform abortions, with up to 86 percent of 

5 obstetricians/gynecologists unwilling to provide them 

6 (Obstetrics & Gynecology, Sept. 2011) and the great 

7 majority of hospitals choosing to do so only in rare 

8 cases or not at all. 

9 (9) A health care provider’s decision not to par10 ticipate in an abortion, like Congress’ decision not to 

11 fund most abortions, erects no barrier to those seek12 ing to perform or undergo abortions but leaves each 

13 party free to act as he or she wishes. 

14 (10) Such protection poses no conflict with 

15 other Federal laws, such as the law requiring stabi16 lizing treatment for a pregnant woman and her un17 born child when either needs emergency care (Emer18 gency Medical Treatment and Active Labor Act). As 

19 previous Administrations have said, these areas of 

20 law have operated side by side for many years and 

21 both should be fully enforced (76 Fed. Reg. 9968– 

22 77 (2011) at 9973). 

23 (11) Reaffirming longstanding Federal policy 

24 on conscience rights and providing a right of action 


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1 in cases where it is violated allows longstanding and 

2 widely supported Federal laws to work as intended. 

3 SEC. 3. PROHIBITING DISCRIMINATION AGAINST HEALTH 

4 CARE PROVIDERS THAT DO NOT PARTICI5 PATE IN ABORTION. 

6 Title II of the Public Health Service Act (42 U.S.C. 

7 202 et seq.) is amended by inserting after section 245 the 

8 following: 

9 ‘‘SEC. 245A. PROHIBITING DISCRIMINATION AGAINST 

10 HEALTH CARE PROVIDERS THAT DO NOT 

11 PARTICIPATE IN ABORTION. 

12 ‘‘(a) IN GENERAL.—Notwithstanding any other law, 

13 the Federal Government, and any person or entity that 

14 receives Federal financial assistance, including any State 

15 or local government, may not penalize, retaliate against, 

16 or otherwise discriminate against a health care provider 

17 on the basis that the provider does not or declines to— 

18 ‘‘(1) perform, refer for, pay for, or otherwise 

19 participate in abortion; 

20 ‘‘(2) provide or sponsor abortion coverage; or 

21 ‘‘(3) facilitate or make arrangements for any of 

22 the activities specified in this subsection. 

23 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec24 tion shall be construed— 


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1 ‘‘(1) to prevent any health care provider from 

2 voluntarily electing to participate in abortions or 

3 abortion referrals where not prohibited by any other 

4 law; 

5 ‘‘(2) to prevent any health care provider from 

6 voluntarily electing to provide or sponsor abortion 

7 coverage or health benefits coverage that includes 

8 abortion where not prohibited by any other law; 

9 ‘‘(3) to prevent an accrediting agency, the Fed10 eral Government, or a State or local government 

11 from establishing standards of medical competency 

12 applicable only to those who have knowingly, volun13 tarily, and specifically elected to perform abortions, 

14 or from enforcing contractual obligations applicable 

15 only to those who, as part of such contract, know16 ingly, voluntarily, and specifically elect to provide 

17 abortions; 

18 ‘‘(4) to affect, or be affected by, section 1867 

19 of the Social Security Act (42 U.S.C. 1395dd, com20 monly referred to as the ‘Emergency Medical Treat21 ment and Active Labor Act’); or 

22 ‘‘(5) to supersede any law enacted by any State 

23 for the purpose of regulating insurance, except as 

24 specified in subsection (a). 

25 ‘‘(c) ADMINISTRATION.—The Secretary— 


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1 ‘‘(1) may issue regulations under— 

2 ‘‘(A) this section; 

3 ‘‘(B) the Religious Freedom Restoration 

4 Act of 1993 (42 U.S.C. 2000bb et seq.), with 

5 respect to any program or activity funded, ad6 ministered, or conducted by the Department of 

7 Health and Human Services; 

8 ‘‘(C) any of subsections (b) through (e) of 

9 section 401 of the Health Programs Extensions 

10 Act of 1973 (42 U.S.C. 300a–7) regarding an 

11 objection based on a religious belief or moral 

12 conviction; and 

13 ‘‘(D) any other law protecting the exercise 

14 of conscience or religious freedom under pro15 grams or activities funded, administered, or 

16 conducted by the Department of Health and 

17 Human Services, including any laws listed 

18 under the final rule issued by the Secretary of 

19 Health and Human Services titled ‘Protecting 

20 Statutory Conscience Rights in Health Care; 

21 Delegations of Authority’ (84 Fed. Reg. 23170; 

22 May 21, 2019); 

23 ‘‘(2) shall designate the Director of the Office 

24 for Civil Rights of the Department of Health and 

25 Human Services— 


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1 ‘‘(A) to receive complaints alleging a viola2 tion of any provision of this section or any pro3 vision of law referred to or listed under para4 graph (1); and 

5 ‘‘(B) to promptly investigate such com6 plaints, issue findings, and require corrective 

7 action in cases of such a violation; and 

8 ‘‘(3) shall, as permitted under law (including 

9 the Constitution of the United States), induce com10 pliance of a person or entity, including a State or 

11 local government, refusing to comply with a provi12 sion of this section, or any provision of law referred 

13 to or listed under paragraph (1), by terminating, in 

14 whole or in part, any Federal financial assistance 

15 provided by the Secretary to such person or entity. 

16 ‘‘(d) DEFINITIONS.—For purposes of this section: 

17 ‘‘(1) FEDERAL FINANCIAL ASSISTANCE.—The 

18 term ‘Federal financial assistance’ means Federal 

19 payments to cover the cost of health care services or 

20 benefits, or other Federal payments, grants, or loans 

21 to promote or otherwise facilitate health-related ac22 tivities. 

23 ‘‘(2) HEALTH CARE PROVIDER.—The term 

24 ‘health care provider’ includes— 


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1 ‘‘(A) an individual physician, health care 

2 assistant, nurse, pharmacist, health researcher, 

3 or other health care personnel; 

4 ‘‘(B) a hospital, laboratory, pharmacy, 

5 health system, or other health care or medical 

6 research facility or organization (including a 

7 party to a proposed merger or other collabo8 rative arrangement relating to health services, 

9 and an entity resulting therefrom); 

10 ‘‘(C) a provider-sponsored organization, an 

11 accountable care organization, or a health 

12 maintenance organization; 

13 ‘‘(D) a social services provider that pro14 vides or authorizes referrals for health care 

15 services; 

16 ‘‘(E) a program of training or education in 

17 the health professions or medical research, a 

18 participant in such a program, or any individual 

19 applying or otherwise aspiring to participate in 

20 such a program; 

21 ‘‘(F) an issuer of health insurance cov22 erage or of a health plan; or 

23 ‘‘(G) a health care sharing ministry; 


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1 ‘‘(H) a health insurance plan, including 

2 group, individual, or student health plans, or a 

3 sponsor or administrator thereof; or 

4 ‘‘(I) any other health care organization, 

5 program, facility, or plan. 

6 ‘‘(3) STATE OR LOCAL GOVERNMENT.—The 

7 term ‘State or local government’ includes every 

8 agency and other governmental unit and subdivision 

9 of a State or local government, if such State or local 

10 government, or any agency or governmental unit or 

11 subdivision thereof, receives Federal financial assist12 ance. 

13 ‘‘SEC. 245B. CIVIL ACTION FOR CERTAIN VIOLATIONS. 

14 ‘‘(a) IN GENERAL.—A qualified party may, in a civil 

15 action, obtain appropriate relief with regard to a des16 ignated violation. 

17 ‘‘(b) DEFINITIONS.—For purposes of this section: 

18 ‘‘(1) QUALIFIED PARTY.—The term ‘qualified 

19 party’ means— 

20 ‘‘(A) the Attorney General of the United 

21 States; or 

22 ‘‘(B) any person or entity adversely af23 fected by the designated violation without re24 gard to whether such person or entity is a 

25 health care provider. 


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1 ‘‘(2) DESIGNATED VIOLATION.—The term ‘des2 ignated violation’ means an actual or threatened vio3 lation of section 245A or of any other provision of 

4 law referred to or listed under section 245A(c)(1). 

5 ‘‘(c) ADMINISTRATIVE REMEDIES NOT REQUIRED.— 

6 An action under this section may be commenced, and relief 

7 may be granted, without regard to whether the party com8 mencing the action has sought or exhausted any available 

9 administrative remedies. 

10 ‘‘(d) DEFENDANTS IN ACTIONS UNDER THIS SEC11 TION MAY INCLUDE GOVERNMENTAL ENTITIES AS WELL

12 AS OTHERS.— 

13 ‘‘(1) IN GENERAL.—An action under this sec14 tion may be maintained against any person or entity 

15 receiving Federal financial assistance, including a 

16 State governmental entity. Relief in an action under 

17 this section may include money damages even if the 

18 defendant is a governmental entity. 

19 ‘‘(2) DEFINITION.—For the purposes of this 

20 subsection, the term ‘State governmental entity’ 

21 means a State, a local government within a State, 

22 and any agency or other governmental unit or sub23 division of a State, or of such a local government. 

24 ‘‘(e) NATURE OF RELIEF.—In an action under this 

25 section, the court shall grant— 


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1 ‘‘(1) all appropriate relief, including injunctive 

2 relief, declaratory relief, and compensatory damages 

3 to prevent the occurrence, continuance, or repetition 

4 of the designated violation and to compensate for 

5 losses resulting from the designated violation; and 

6 ‘‘(2) to a prevailing plaintiff, reasonable attor7 neys’ fees and litigation costs.’’. 

Æ 


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