H.R. 3411 — Conscience Protection Act of 2025

This section states congressional findings affirming the importance of federal conscience protections for health care entities that object to abortion-related activities, citing Thomas Jefferson, over two dozen statutes (including the Church Amendments at 42 U.S.C. 300a-7(b)-(e), Coats-Snowe Amendment at 42 U.S.C. 238n, and Weldon Amendment), inconsistent enforcement by the Department of Health and Human Services Office for Civil Rights, and lack of private rights of action under certain laws. The findings further detail (1) California's mandate for abortion coverage in defiance of the Weldon Amendment, resulting in a 2016 determination of no violation, a 2020 notice of violation and $200 million quarterly federal funding disallowance, and a 2021 withdrawal of enforcement; and (2) the University of Vermont Medical Center's scheduling of objecting nurses for abortions, a 2019 notice of violation under the Church Amendments, and a 2021 Department of Justice case dismissal without remedy.

This section prohibits the federal government and any individual or entity receiving federal financial assistance—including state and local governments—from discriminating against a health care entity on the basis that the entity declines to provide, perform, refer for, pay for, or otherwise participate in abortion; provide or sponsor abortion coverage; or facilitate such activities. It defines health care entity broadly to include individuals (e.g., physicians, nurses, pharmacists), facilities (e.g., hospitals, pharmacies), organizations (e.g., accountable care organizations, health maintenance organizations), insurers, training programs, and others; provides a rule of construction clarifying that it does not restrict voluntary participation in abortions, authorize standards only for those electing to perform abortions, affect emergency stabilizing treatment requirements, or supersede state insurance laws except as specified; and defines federal financial assistance to include payments, grants, or loans for health care services or activities.

This section establishes administrative and civil enforcement mechanisms for specified federal conscience laws protecting individuals and entities from requirements to provide, refer for, or facilitate certain health services (e.g., abortion) contrary to religious beliefs or moral convictions in HHS-funded, administered, or conducted programs. It authorizes the HHS Secretary to issue related regulations; designates the Director of the Office for Civil Rights to receive complaints alleging violations of 20 listed provisions (including the Church Amendments, Weldon Amendment, Helms Amendment, and specified ACA and Social Security Act protections), investigate them, issue findings, and require corrective action; and directs the Secretary to enforce compliance by terminating federal financial assistance (in whole or in part) and referring violations to the Attorney General for civil action. The section further creates a private right of civil action for the Attorney General or any adversely affected individual or entity to obtain relief (e.g., injunctive relief, damages) for such violations without exhausting administrative remedies.

This section establishes a severability clause, providing that if any provision of this Act or its amendments, or its application to any person or circumstance, is held unconstitutional, the remainder of the Act and its amendments remain unaffected.