[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6209 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6209

  To protect the religious freedom of providers of adoption or foster 
                             care services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2006

 Mr. English of Pennsylvania (for himself, Mr. Green of Wisconsin, Mr. 
  Wilson of South Carolina, Mr. Souder, Mr. Kennedy of Minnesota, Mr. 
Gingrey, Mr. Akin, Mr. Miller of Florida, Mr. McCotter, Mr. Sam Johnson 
  of Texas, Mrs. Musgrave, and Mr. Fortuno) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To protect the religious freedom of providers of adoption or foster 
                             care services.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Religious Freedom for Providers of 
Adoption, Foster Care, and Child Welfare Services Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) The Constitution of the United States grants the 
        Congress the power to provide for the general welfare of the 
        people of the United States, and prohibits the enactment of 
        laws that violate the freedom of religion guaranteed by the 
        First Amendment.
            (2) Among the many ways that Congress provides for the 
        general welfare is by providing approximately $7,000,000,000 
        annually in Federal funds to support the provision of foster 
        care, adoption, and other child welfare services to children 
        and families in need of such services.
            (3) One of the most important of these services is the 
        placement of foster or adoptive children with families who are 
        capable of providing appropriate care for these needy children.
            (4) Religious organizations have played a longstanding role 
        in the effective provision of these services, especially 
        placement services.
            (5) Some State and local governments have in effect laws, 
        policies, or procedures under which licenses necessary for 
        religious organizations to provide foster care and adoption 
        services are denied, or threatened to be denied, unless these 
        organizations violate their own religious principles and 
        beliefs and agree to place foster or adoptive children with 
        couples whose marriage is not recognized by Federal statute.
            (6) These actions by State and local governments inhibit 
        the religious freedom of religious organizations that seek to 
        provide these services, by discriminating against them for 
        providing these services in a manner that does not violate 
        their religious principles and beliefs.
            (7) An appropriate and effective method of encouraging 
        cooperation with the Federal policy of supporting the provision 
        of these services in a manner consistent with the freedom of 
        religion is to withhold Federal funds from State or local 
        governments who act in violation of this policy.
            (8) Therefore, this Act provides for the withholding of 
        Federal funds for foster care and adoption assistance to States 
        that restrict the freedom of religious organizations to provide 
        foster care and adoptive services consistent with the 
        fundamental religious beliefs and principles of these 
        organizations.

SEC. 3. PROTECTING RELIGIOUS FREEDOM OF ENTITIES THAT PROVIDE ADOPTION 
              OR FOSTER CARE SERVICES.

    Section 474 of the Social Security Act (42 U.S.C. 674) is amended 
by adding at the end the following:
    ``(g) Protecting Religious Freedom of Entities That Provide 
Adoption or Foster Care Services.--None of the funds made available to 
carry out this part may be made available to a State or local 
government that discriminates against any entity on the basis that--
            ``(1) the only couples to whom the entity provides adoption 
        or foster care services are couples united in marriage (as 
        defined in section 7 of title 1, United States Code); or
            ``(2) the only individuals to whom the entity provides 
        adoption or foster care services are those whose conduct is in 
        accordance with the religious principles and practices of the 
        entity.''.
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