I 
117TH CONGRESS 
1ST SESSION H. R. 6060 
To amend the Public Health Service Act to prohibit governmental discrimina-
tion 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) intro-
duced 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 govern-
mental discrimination against health care providers that 
do not participate in abortion. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Conscience Protection 
Act of 2021’’. 
SEC. 2. FINDINGS. 
Congress finds as follows: 
(1) Thomas Jefferson stated a conviction com-
mon to our Nation’s founders when he declared in 
1809 that ‘‘[n]o provision in our Constitution ought 
to be dearer to man than that which protects the 
rights of conscience against the enterprises of the 
civil authority’’. 
(2) In 1973, the Supreme Court concluded that 
the government must leave the abortion decision ‘‘to 
the medical judgment of the pregnant woman’s at-
tending physician’’, recognizing that a physician may 
choose not to participate in abortion. Roe v. Wade, 
410 U.S. 113, 164 (1973). The Court cited with ap-
proval a policy that ‘‘neither physician, hospital, nor 
hospital personnel shall be required to perform any 
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act violative of personally-held moral principles’’, 
410 U.S. at 143 n. 38, and cited State laws uphold-
ing this principle. Doe v. Bolton, 410 U.S. 179, 
197–8 (1973). 
(3) Religious diversity adds to the strength of 
our medical field, and no doctor should have to 
choose between giving up their faith or moral convic-
tions and abandoning a vital medical mission. Con-
gress’ enactments to protect this right of conscience 
in health care include the Church amendments (42 
U.S.C. 300a–7), the Coats/Snowe amendment (42 
U.S.C. 238n), and the Weldon amendment approved 
by Congresses and Presidents of both parties every 
year since 2004 (including in section 507(d) of divi-
sion A of the Further Consolidated Appropriations 
Act, 2020 (Public Law 116–94; 133 Stat. 2534, 
2607)). 
(4) Courts have declined to find that these laws 
provide a ‘‘private right of action’’ thereby leaving 
victims of discrimination unable to defend their con-
science rights in court, while at the same time ad-
ministrative enforcement by the Office for Civil 
Rights of the Department of Health and Human 
Services has been inconsistent, at times allowing 
cases to languish for years without resolution. 
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(5) Defying the Weldon amendment, Califor-
nia’s Department of Managed Health Care has man-
dated coverage for elective abortions in all health 
plans under its jurisdiction. Other States such as 
New York, Illinois, and Washington have taken or 
considered similar action, and some States may go 
farther to require all physicians and hospitals to pro-
vide or facilitate abortions. On June 21, 2016, the 
Office for Civil Rights of the Department of Health 
and Human Services under the Obama Administra-
tion concluded a nearly 2-year investigation of this 
matter by determining that California’s decision to 
require insurance plans under the California Depart-
ment for Managed Health Care authority to cover 
abortion services did not violate the Weldon amend-
ment. At least 28,000 individuals and families sub-
sequently lost abortion-free health plans as a result 
of this mandate. 
(6) On January 24, 2020, the Office for Civil 
Rights of the Department of Health and Human 
Services disavowed its prior findings and issued a 
notice of violation of the Weldon amendment to Cali-
fornia. After the State’s continued noncompliance 
with the Weldon amendment, the Centers for Medi-
care & Medicaid Services, on December 16, 2020, 
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announced the disallowance of $200,000,000 per 
quarter in Federal funds to California beginning in 
the first quarter of 2021. Unless the Biden Adminis-
tration provides effective and continuing enforce-
ment against California and other States, individuals 
will continue to be coerced contrary to law into 
choosing between violating their consciences or for-
going health care coverage for themselves, their em-
ployees, or their families. 
(7) On May 21, 2019, the Secretary of Health 
and Human Services issued a final conscience rule 
that implements approximately 25 Federal con-
science protection provisions and provides mecha-
nisms to enforce protections enacted by Congress to 
ensure that the government and government-funded 
entities are not unlawfully discriminating against in-
dividuals, health care providers, or health care enti-
ties. Despite this regulation providing for enforce-
ment of laws passed by Congress, a Federal district 
court vacated the rule. Now, litigation is pending be-
fore the United States Court of Appeals for the Sec-
ond Circuit where 78 members of Congress have 
filed a brief in support of the rule, as well as the 
United States Court of Appeals for the Ninth Cir-
cuit. Litigation in both Circuits have been halted be-
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cause the Biden Administration has indicated its in-
tent to revisit the rule. 
(8) The vast majority of medical professionals 
do not perform abortions, with up to 86 percent of 
obstetricians/gynecologists unwilling to provide them 
(Obstetrics & Gynecology, Sept. 2011) and the great 
majority of hospitals choosing to do so only in rare 
cases or not at all. 
(9) A health care provider’s decision not to par-
ticipate in an abortion, like Congress’ decision not to 
fund most abortions, erects no barrier to those seek-
ing to perform or undergo abortions but leaves each 
party free to act as he or she wishes. 
(10) Such protection poses no conflict with 
other Federal laws, such as the law requiring stabi-
lizing treatment for a pregnant woman and her un-
born child when either needs emergency care (Emer-
gency Medical Treatment and Active Labor Act). As 
previous Administrations have said, these areas of 
law have operated side by side for many years and 
both should be fully enforced (76 Fed. Reg. 9968– 
77 (2011) at 9973). 
(11) Reaffirming longstanding Federal policy 
on conscience rights and providing a right of action 
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in cases where it is violated allows longstanding and 
widely supported Federal laws to work as intended. 
SEC. 3. PROHIBITING DISCRIMINATION AGAINST HEALTH 
CARE PROVIDERS THAT DO NOT PARTICI-
PATE IN ABORTION. 
Title II of the Public Health Service Act (42 U.S.C. 
202 et seq.) is amended by inserting after section 245 the 
following: 
‘‘SEC. 
245A. 
PROHIBITING 
DISCRIMINATION 
AGAINST 
HEALTH CARE PROVIDERS THAT DO NOT 
PARTICIPATE IN ABORTION. 
‘‘(a) IN GENERAL.—Notwithstanding any other law, 
the Federal Government, and any person or entity that 
receives Federal financial assistance, including any State 
or local government, may not penalize, retaliate against, 
or otherwise discriminate against a health care provider 
on the basis that the provider does not or declines to— 
‘‘(1) perform, refer for, pay for, or otherwise 
participate in abortion; 
‘‘(2) provide or sponsor abortion coverage; or 
‘‘(3) facilitate or make arrangements for any of 
the activities specified in this subsection. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed— 
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‘‘(1) to prevent any health care provider from 
voluntarily electing to participate in abortions or 
abortion referrals where not prohibited by any other 
law; 
‘‘(2) to prevent any health care provider from 
voluntarily electing to provide or sponsor abortion 
coverage or health benefits coverage that includes 
abortion where not prohibited by any other law; 
‘‘(3) to prevent an accrediting agency, the Fed-
eral Government, or a State or local government 
from establishing standards of medical competency 
applicable only to those who have knowingly, volun-
tarily, and specifically elected to perform abortions, 
or from enforcing contractual obligations applicable 
only to those who, as part of such contract, know-
ingly, voluntarily, and specifically elect to provide 
abortions; 
‘‘(4) to affect, or be affected by, section 1867 
of the Social Security Act (42 U.S.C. 1395dd, com-
monly referred to as the ‘Emergency Medical Treat-
ment and Active Labor Act’); or 
‘‘(5) to supersede any law enacted by any State 
for the purpose of regulating insurance, except as 
specified in subsection (a). 
‘‘(c) ADMINISTRATION.—The Secretary— 
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‘‘(1) may issue regulations under— 
‘‘(A) this section; 
‘‘(B) the Religious Freedom Restoration 
Act of 1993 (42 U.S.C. 2000bb et seq.), with 
respect to any program or activity funded, ad-
ministered, or conducted by the Department of 
Health and Human Services; 
‘‘(C) any of subsections (b) through (e) of 
section 401 of the Health Programs Extensions 
Act of 1973 (42 U.S.C. 300a–7) regarding an 
objection based on a religious belief or moral 
conviction; and 
‘‘(D) any other law protecting the exercise 
of conscience or religious freedom under pro-
grams or activities funded, administered, or 
conducted by the Department of Health and 
Human Services, including any laws listed 
under the final rule issued by the Secretary of 
Health and Human Services titled ‘Protecting 
Statutory Conscience Rights in Health Care; 
Delegations of Authority’ (84 Fed. Reg. 23170; 
May 21, 2019); 
‘‘(2) shall designate the Director of the Office 
for Civil Rights of the Department of Health and 
Human Services— 
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‘‘(A) to receive complaints alleging a viola-
tion of any provision of this section or any pro-
vision of law referred to or listed under para-
graph (1); and 
‘‘(B) to promptly investigate such com-
plaints, issue findings, and require corrective 
action in cases of such a violation; and 
‘‘(3) shall, as permitted under law (including 
the Constitution of the United States), induce com-
pliance of a person or entity, including a State or 
local government, refusing to comply with a provi-
sion of this section, or any provision of law referred 
to or listed under paragraph (1), by terminating, in 
whole or in part, any Federal financial assistance 
provided by the Secretary to such person or entity. 
‘‘(d) DEFINITIONS.—For purposes of this section: 
‘‘(1) FEDERAL
FINANCIAL
ASSISTANCE.—The 
term ‘Federal financial assistance’ means Federal 
payments to cover the cost of health care services or 
benefits, or other Federal payments, grants, or loans 
to promote or otherwise facilitate health-related ac-
tivities. 
‘‘(2) HEALTH
CARE
PROVIDER.—The term 
‘health care provider’ includes— 
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‘‘(A) an individual physician, health care 
assistant, nurse, pharmacist, health researcher, 
or other health care personnel; 
‘‘(B) a hospital, laboratory, pharmacy, 
health system, or other health care or medical 
research facility or organization (including a 
party to a proposed merger or other collabo-
rative arrangement relating to health services, 
and an entity resulting therefrom); 
‘‘(C) a provider-sponsored organization, an 
accountable care organization, or a health 
maintenance organization; 
‘‘(D) a social services provider that pro-
vides or authorizes referrals for health care 
services; 
‘‘(E) a program of training or education in 
the health professions or medical research, a 
participant in such a program, or any individual 
applying or otherwise aspiring to participate in 
such a program; 
‘‘(F) an issuer of health insurance cov-
erage or of a health plan; or 
‘‘(G) a health care sharing ministry; 
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‘‘(H) a health insurance plan, including 
group, individual, or student health plans, or a 
sponsor or administrator thereof; or 
‘‘(I) any other health care organization, 
program, facility, or plan. 
‘‘(3) STATE
OR
LOCAL
GOVERNMENT.—The 
term ‘State or local government’ includes every 
agency and other governmental unit and subdivision 
of a State or local government, if such State or local 
government, or any agency or governmental unit or 
subdivision thereof, receives Federal financial assist-
ance. 
‘‘SEC. 245B. CIVIL ACTION FOR CERTAIN VIOLATIONS. 
‘‘(a) IN GENERAL.—A qualified party may, in a civil 
action, obtain appropriate relief with regard to a des-
ignated violation. 
‘‘(b) DEFINITIONS.—For purposes of this section: 
‘‘(1) QUALIFIED PARTY.—The term ‘qualified 
party’ means— 
‘‘(A) the Attorney General of the United 
States; or 
‘‘(B) any person or entity adversely af-
fected by the designated violation without re-
gard to whether such person or entity is a 
health care provider. 
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‘‘(2) DESIGNATED VIOLATION.—The term ‘des-
ignated violation’ means an actual or threatened vio-
lation of section 245A or of any other provision of 
law referred to or listed under section 245A(c)(1). 
‘‘(c) ADMINISTRATIVE REMEDIES NOT REQUIRED.— 
An action under this section may be commenced, and relief 
may be granted, without regard to whether the party com-
mencing the action has sought or exhausted any available 
administrative remedies. 
‘‘(d) DEFENDANTS IN ACTIONS UNDER THIS SEC-
TION MAY INCLUDE GOVERNMENTAL ENTITIES AS WELL 
AS OTHERS.— 
‘‘(1) IN GENERAL.—An action under this sec-
tion may be maintained against any person or entity 
receiving Federal financial assistance, including a 
State governmental entity. Relief in an action under 
this section may include money damages even if the 
defendant is a governmental entity. 
‘‘(2) DEFINITION.—For the purposes of this 
subsection, the term ‘State governmental entity’ 
means a State, a local government within a State, 
and any agency or other governmental unit or sub-
division of a State, or of such a local government. 
‘‘(e) NATURE OF RELIEF.—In an action under this 
section, the court shall grant— 
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‘‘(1) all appropriate relief, including injunctive 
relief, declaratory relief, and compensatory damages 
to prevent the occurrence, continuance, or repetition 
of the designated violation and to compensate for 
losses resulting from the designated violation; and 
‘‘(2) to a prevailing plaintiff, reasonable attor-
neys’ fees and litigation costs.’’. 
Æ 
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