‘‘(C) notifies the agency of the referral; 
‘‘(D) has established a process for deter-
mining whether the beneficiary has contacted 
the alternative provider; and 
‘‘(E) can demonstrate that each bene-
ficiary of a social service program received writ-
ten notice of the protections set forth in this 
section prior to enrolling in or receiving services 
from such program. 
‘‘SEC. 609. SPECIALIZED FEDERAL FINANCIAL ASSISTANCE 
TO AN ENTIRE ENTITY. 
‘‘(a) Any religious corporation, association, edu-
cational institution, or society that is otherwise eligible for 
Federal financial assistance that is awarded to entities to 
support the safety or infrastructure of the entity cannot 
be excluded from assistance because of its religious beliefs 
or practices. Such assistance includes Federal financial as-
sistance for historic preservation, disaster recovery, or fa-
cilities security. The religious corporation, association, 
educational institution, or society shall be deemed in com-
pliance with section 601, provided that funds used for pro-
curement from a third-party vendor must be used in a 
manner that complies with section 601. 
‘‘(b) For the purposes of this subsection, a religious 
educational institution or daycare center that receives 
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funds under the Richard B. Russell National School 
Lunch Act shall not be deemed a recipient of Federal fi-
nancial assistance. 
‘‘SEC. 610. FEDERAL FINANCIAL ASSISTANCE FOR ADOP-
TION AND FOSTER CARE. 
‘‘(a) CONGRESSIONAL FINDINGS AND DECLARATION 
OF POLICY.—The Congress hereby finds and declares the 
following: 
‘‘(1) At-risk children deserve a safe and caring 
family, and reducing the number of vulnerable chil-
dren without a permanent home is in the Federal in-
terest. 
‘‘(2) There is a national deficit in the number 
of adoptive and foster parents and the private agen-
cies qualified to serve these children. Federal and 
State governments should cooperate to encourage 
new agencies to join the effort to serve the needs of 
vulnerable children, alongside private agencies that 
have already been doing that crucial work for dec-
ades, including agencies whose commitment to serve 
arises from profound religious convictions. 
‘‘(3) By providing safe and welcoming homes to 
vulnerable children, adoptive and foster care parents 
serve the best interests of children and contribute to 
the common good of our communities in ways that 
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are irreplaceable. Such parents should be empowered 
to adopt children based on their merits as parents, 
without being thwarted by discriminatory obstacles. 
‘‘(4) By finding safe and welcoming homes for 
vulnerable children, religious and other providers of 
adoption and foster care services, facilitate connec-
tions between good parents and vulnerable children. 
In doing so, such providers also contribute to the 
common good of our communities in ways that are 
irreplaceable. 
‘‘(5) The indirect funding program created by 
this section is intended to be a permanent and fully 
funded program that links vulnerable children to 
good parents in order to serve the best interests of 
children. This indirect funding program will do so by 
ensuring that diverse adoption and foster-care pro-
viders, including religious providers, will continue to 
receive Federal financial assistance. 
‘‘(6) Therefore, it is the policy of the Federal 
Government to protect the best interests of at-risk 
children by establishing minimum Federal standards 
that guarantee the equal treatment of qualified fam-
ilies seeking to offer foster care or adoption and an 
equal respect for the diversity of private agencies, 
including religious agencies, that provide adoption 
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and foster care services. This section shall be con-
strued in a manner consistent with these findings 
and declaration of policy. 
‘‘(b) NONDISCRIMINATION
REQUIREMENTS.—Fed-
eral financial assistance for adoption, foster care, or re-
lated services is subject to section 601, unless otherwise 
provided in this section. Any entity that receives Federal 
financial assistance to perform adoption or foster care 
placements or related services, or that contracts with an 
entity that receives Federal financial assistance for those 
services, except for a private agency when participating 
in the indirect funding program as described under sub-
section (c)(2)(B) or (d)(1), may not in the course of per-
forming an adoption, foster care, or related service dis-
criminate against a prospective parent or a child because 
of race, color, national origin, sex, sexual orientation, or 
gender identity. 
‘‘(1) An entity unlawfully discriminates against 
a prospective parent by— 
‘‘(A) denying to any qualified person equal 
access to or equal treatment during the adop-
tion or foster care evaluation and placement 
process because of the race, color, national ori-
gin, sex, sexual orientation or gender identity of 
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the qualified prospective adoptive or foster par-
ent or of the child involved; 
‘‘(B) delaying or denying the placement of 
a child for adoption or into foster care because 
of the race, color, national origin, sex, sexual 
orientation, or gender identity of the qualified 
prospective adoptive or foster parent, or of the 
child involved; 
‘‘(C) requiring different or additional 
screenings, processes, or procedures for adop-
tive or foster care placement because of the 
race, color, national origin, sex, sexual orienta-
tion, or gender identity of the qualified prospec-
tive adoptive or foster parent, or of the child in-
volved; 
‘‘(D) requiring a qualified prospective fos-
ter parent to subscribe to subparagraph (D) or 
(E) of section (b)(2); or 
‘‘(E) excluding a qualified prospective 
adoptive or foster parent because of the par-
ent’s religion. 
‘‘(2) An entity unlawfully discriminates against 
a child by— 
‘‘(A) denying to any qualified person equal 
access to or equal treatment during the adop-
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tion or foster care evaluation and placement 
process because of the race, color, national ori-
gin, sex, sexual orientation, or gender identity 
of the qualified prospective adoptive or foster 
parent, or of the child involved; 
‘‘(B) delaying or denying the placement of 
a child for adoption or into foster care because 
of the race, color, national origin, sex, sexual 
orientation, or gender identity of the qualified 
prospective adoptive or foster parent, or of the 
child involved; 
‘‘(C) requiring different or additional 
screenings, processes, or procedures for adop-
tive or foster care placement because of the 
race, color, national origin, sex, sexual orienta-
tion, or gender identity of the qualified prospec-
tive adoptive or foster parent, or of the child in-
volved; 
‘‘(D) treating a child in the legal custody 
of the State inconsistently with the child’s gen-
der identity, as demonstrated by the child’s 
medical history, care or treatment of the child’s 
gender identity, consistent and uniform asser-
tion of the gender identity, or other evidence 
that the gender identity is sincerely held, is 
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part of the child’s core identity, and is not 
being asserted for an improper purpose; or 
‘‘(E) subjecting any child in the legal cus-
tody of the State to any practice or treatment 
that seeks to change the child’s sexual orienta-
tion or gender identity. It shall be lawful for a 
professional counselor licensed by the State to 
assist a minor, without regard to sexual ori-
entation or gender identity, to prevent or ad-
dress unlawful conduct or unsafe sexual prac-
tices. 
‘‘(c) INDIRECT FUNDING OF ADOPTION AND FOSTER 
CARE SERVICES.— 
‘‘(1) ESTABLISHMENT OF INDIRECT FUNDING 
PROGRAM.—The Department of Health and Human 
Services, the Social Security Administration, the De-
partment of State, and any other agency authorized 
by Federal law to administer Federal financial as-
sistance for the support of adoption and foster care 
services shall issue final rules within two years of 
the enactment of this Act to create an indirect fund-
ing program that delivers Federal financial assist-
ance to eligible prospective parents for the purpose 
of obtaining such services through a qualified private 
agency that they select. 
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‘‘(A) This indirect funding program will 
entitle a qualified State resident to receive a 
certificate to assist with the costs of a personal 
assessment, background check, home study, en-
dorsement, certification of a person’s eligibility 
to act as the guardian of a child in foster care 
or as the parent of a child available for adop-
tion, and placement of a child with an eligible 
individual or family. 
‘‘(B) A substantial proportion of appro-
priated Federal financial assistance for adop-
tion or foster care services, including assistance 
available under part B and part E of title IV 
of the Social Security Act, shall be allocated to 
fund the indirect funding program through the 
issuance of a certificate to eligible prospective 
parents. 
‘‘(C) Each certificate shall be worth an 
amount to be determined through agency rule-
making, but in no event less than $3,000 as in-
dexed to the Consumer Price Index as of Janu-
ary 1, 2019. 
‘‘(D) Participation in this indirect funding 
program may not be delayed or denied because 
of a State resident’s race, color, national origin, 
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religion, sex, sexual orientation, or gender iden-
tity. 
‘‘(E) The responsible Federal agencies 
shall establish policies and procedures designed 
to ensure that where a referral is required by 
this section— 
‘‘(i) an appropriate and timely referral 
is made to an alternative provider; 
‘‘(ii) all referrals are made in a man-
ner consistent with applicable privacy laws 
and regulations; 
‘‘(iii) the provider of adoption and fos-
ter care placement or related services noti-
fies the agency of any referral; and 
‘‘(iv) each applicant for and recipient 
of adoption or foster care placement or re-
lated services from a provider that receives 
Federal financial assistance will receive 
written notice from the provider of the pro-
tections set forth in this section when ap-
plying for or receiving such services. 
‘‘(2) IMPLEMENTATION OF INDIRECT FUNDING 
PROGRAM.— 
‘‘(A) APPROVED STATE PLAN.—To be eli-
gible for Federal financial assistance for adop-
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tion or foster care services under part B or part 
E of title IV of the Social Security Act, a State 
must develop a written plan approved by the 
Secretary of the Department of Health and 
Human Services providing that— 
‘‘(i) the State has established rules, 
policies, and procedures within 6 months 
after issuance of final rules under sub-
section (c)(1) that ensures the State’s full 
participation in the indirect funding pro-
gram by making available to each qualified 
State resident on request a certificate as 
prescribed by subsection (c)(1), to be used 
solely for the services enumerated in sub-
section (c)(1). This certificate may com-
mingle funding from Federal and State 
sources, and such commingled revenues 
shall be deemed Federal financial assist-
ance; 
‘‘(ii) the State uses its best efforts to 
increase the number of private organiza-
tions within each catchment area that are 
qualified to provide foster care and adop-
tion services, including organizations will-
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ing to serve all qualified prospective par-
ents; 
‘‘(iii) the State publishes and main-
tains a current list of licensed adoption 
and foster care providers with offices in 
the State, by catchment area, which list 
will identify providers that serve all appli-
cants, as well as those that serve particular 
communities and those that provide par-
ticular services; 
‘‘(iv) the State performs a prompt and 
cost-free eligibility assessment for every 
prospective parent who applies for a cer-
tificate, informs every eligible prospective 
parent of the licensed adoption and foster 
care 
providers 
in 
the 
participant’s 
catchment area, and may provide addi-
tional information to facilitate the prospec-
tive parent’s selection of a provider; 
‘‘(v) any State resident eligible to act 
as a foster parent or adoptive parent has 
an equal opportunity to obtain adoption or 
foster care related services from a provider 
who accepts the certificate described in 
section (c)(1); and 
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‘‘(vi) when a qualified individual seek-
ing adoption or foster care placement or 
related services is unable to obtain such 
services from a particular provider— 
‘‘(I) there is at least one other 
willing and qualified provider of such 
service in the same or adjacent 
catchment area that will serve all 
qualified individuals; 
‘‘(II) the provider gives an appro-
priate and timely referral to at least 
one alternative provider; 
‘‘(III) each referral is made in a 
manner consistent with applicable pri-
vacy laws and regulations; and 
‘‘(IV) the provider of adoption 
and foster care placement or related 
services notifies the State of any re-
ferral that is issued. 
‘‘(B) PROTECTIONS
FOR
PRIVATE
AGEN-
CIES.—No State or local government may— 
‘‘(i) deny any licensed provider of 
adoption or foster care placement or re-
lated services the opportunity to partici-
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pate in the certificate program prescribed 
by subsection (c)(1); 
‘‘(ii) deny any licensed provider of 
adoption or foster care placement or re-
lated services reasonable payment for serv-
ices actually rendered in reliance on a cer-
tificate; 
‘‘(iii) require a provider of adoption or 
foster care placement or related services to 
perform such services in a particular in-
stance as a condition of participating in 
the certificate program prescribed by sub-
section (c)(1), unless such service is re-
quired by Federal law or imposed pursuant 
to an agreement between the provider and 
the State that compensates the provider 
for such service exclusively with State reve-
nues; and 
‘‘(iv) withhold, suspend, or terminate 
contracts, cooperative agreements, grants, 
or other financial assistance when a pro-
vider of adoption or foster care placement 
or related services takes any action per-
mitted under this title. 
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‘‘(3) AUTHORITY TO WITHHOLD FUNDS.—If a 
State fails to participate in the indirect funding pro-
gram, develop an appropriate State plan, or to com-
ply with this section in any other respect, the Sec-
retary shall, after appropriate notice and failure to 
comply, withhold payment to the State of amounts 
otherwise payable under part B or E of title IV of 
the Social Security Act (42 U.S.C. 621 et seq., 670 
et seq.), to the extent that the Secretary deems the 
withholding necessary to induce compliance. A State 
may elect not to comply with its duties under this 
section on condition that it declines Federal financial 
assistance for adoption and foster care. 
‘‘(d) PRIVATE RECIPIENTS OF FEDERAL FINANCIAL 
ASSISTANCE.— 
‘‘(1) PROTECTION FOR DIVERSE PROVIDERS.— 
A private organization that is eligible to receive Fed-
eral financial assistance through the certificate pro-
gram prescribed by subsection (c)(1) for providing 
any adoption or foster care placement or related 
services may— 
‘‘(A) decline to accept a certificate without 
being obligated to perform a particular service, 
despite receiving certificates to perform other 
covered adoption or foster care services, so long 
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as the provider gives a referral to the certificate 
holder consistent with section (c)(2)(A)(vi)(II)– 
(IV); or 
‘‘(B) after accepting a certificate, facilitate 
a mutually voluntary referral that does not un-
reasonably delay or disrupt the adoption or fos-
ter care evaluation and placement process. 
‘‘(2) MISREPRESENTATION.—After accepting a 
certificate, a provider of adoption or foster care serv-
ices may terminate its relationship with a prospec-
tive parent who makes a material misrepresentation 
of a fact that the prospective parent knew or should 
have known that the agency specifically requested. 
Such agency shall provide a referral consistent with 
subsection (c)(2)(A)(vi)(II)–(IV) and shall not lose 
its right under subsection (c)(2)(B)(ii) to reasonable 
payment for services actually performed. 
‘‘(3) PROTECTION FOR CUSTODIAL PARENTS.— 
A private organization that has received Federal fi-
nancial assistance through the certificate program 
prescribed by subsection (c)(1) shall not discriminate 
against the custodial parent of a child in foster care 
because of the custodial parent’s race, color, national 
origin, religion, sex, sexual orientation, or gender 
identity with respect to the monitoring of a parent 
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whom the provider has previously endorsed or with 
whom the provider has placed a child. 
‘‘(e) MISCELLANEOUS.— 
‘‘(1) CUSTODY OF CHILD IN FOSTER CARE.— 
For purposes of this section, a child in foster care 
shall be deemed to be in the legal custody of the 
State. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this section shall be construed to prohibit an entity 
receiving Federal financial assistance for adoption, 
foster care, or related services from making an indi-
vidualized placement assessment in the best interest 
of the child’s health, safety, and welfare. 
‘‘(3) EFFECTIVE DATES.— 
‘‘(A) IN GENERAL.—Except as described in 
subsection (e)(1)(B), the protections under sub-
section (b) shall become effective on the date of 
enactment. 
‘‘(B) RELIGIOUS PROVIDER EXEMPTION.— 
‘‘(i) Section (b)(1) shall come into ef-
fect with respect to a religious adoption or 
foster care provider 12 months after the 
State where the provider operates has im-
plemented the certificate program as de-
scribed in section (c)(2)(A). 
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‘‘(ii) If the certificate program is not 
substantially funded as required by sub-
section (c), the protections described by 
subsection (b)(1) shall become unenforce-
able as to a religious adoption or foster 
care provider until funding is provided or 
restored. 
‘‘(iii) For purposes of this section, ‘re-
ligious adoption or foster care provider’ 
means a licensed or accredited nonprofit 
provider of adoption or foster care services 
that— 
‘‘(I) is in whole or substantial 
part, owned, supported, controlled, or 
managed by a particular religion or by 
a particular church, denomination, 
convention, or association of churches 
or other houses of worship; or 
‘‘(II) holds itself out to the public 
as substantially religious, has as its 
stated purpose in its organic docu-
ments that it is religious, and is sub-
stantially religious in its current oper-
ations. 
‘‘(4) PRIVATE RIGHTS OF ACTION.— 
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‘‘(A) Nothing in this section shall be con-
strued to authorize a right of action against a 
private organization for the exercise of rights 
provided under subsection (d)(1). 
‘‘(B) A private right of action may be 
brought by a private organization under section 
1107. 
‘‘(5) SUPPLANTING PROHIBITED.—Any Federal 
funds received under this section shall be used to 
supplement, not supplant, non-Federal funds that 
would otherwise be available for activities funded 
under this subchapter. 
‘‘(6) EFFECT ON FEDERAL LAWS RESPECTING 
RACIAL
DISCRIMINATION.—Nothing in this section 
shall be construed to alter, affect, or supersede any 
Federal law that addresses discrimination because of 
race, color, or national origin by any State or private 
organization that receives Federal financial assist-
ance for adoption or foster care placement or related 
services. 
‘‘(7) APPLICATION
TO
STATES
WITH
WAIV-
ERS.—For any State that, on the date of enactment 
of this Act, has in effect a waiver approved under 
section 1130 of the Social Security Act (42 U.S.C. 
1320a–9), the amendments to this title shall not 
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apply to that State before the expiration of the waiv-
er (determined without regard to any extensions), to 
the extent that an amendment is inconsistent with 
the terms of the waiver. 
‘‘(8) EFFECT
ON
STATE
LAWS.—Nothing in 
this section shall be construed to supersede a State 
or local law, policy, or contract addressing the legal 
conditions of receiving Government funding for 
adoption or foster care services, provided that the 
State or local law does not directly conflict with this 
section. 
‘‘SEC. 611. SEX-SPECIFIC SEGREGATION OR PROGRAMS. 
‘‘(a) If sex segregation or sex-specific programming 
is necessary to the essential operation of a program or 
activity, nothing in this title shall prevent any such pro-
gram or activity from considering an individual’s sex, pro-
vided that where appropriate to accomplish the purpose 
of the program or activity, individuals are treated in ac-
cordance with their gender identity. 
‘‘(b) An educational institution receiving Federal fi-
nancial assistance shall reasonably accommodate a student 
who requests greater privacy with respect to the use of 
a facility designated for the exclusive use of persons of 
the same sex, provided that the accommodation does not 
exclude any student from such a facility to which the stu-
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dent has a right of access or otherwise prejudice any right 
or privilege protected under this title. 
‘‘(c) Nothing in this title shall be construed to alter 
or affect the Violence Against Women Act of 1994. 
‘‘SEC. 612. NEUTRALITY WITH RESPECT TO ABORTION. 
‘‘Nothing in this title shall be construed to require 
or prohibit any person, or public or private entity, to pro-
vide or pay for any benefit or service, including the use 
of facilities, related to an abortion. Nothing in this title 
shall be construed to permit a penalty to be imposed on 
any person or any individual because such person or indi-
vidual is seeking or has received any benefit or service re-
lated to a legal abortion. 
‘‘SEC. 613. NO EFFECT ON TITLE IX. 
‘‘Nothing contained in this title shall be construed to 
alter or affect title IX of the Education Amendments of 
1972 (20 U.S.C. 1681 et seq.). Any claim that a person 
has been excluded because of sex from participation in, 
or denied the benefits of, or subjected to discrimination 
with respect to any education program or activity that re-
ceives Federal financial assistance shall be governed by 
title IX and not this title. 
‘‘SEC. 614. ADDITIONAL DEFINITIONS. 
‘‘For purposes of this title: 
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‘‘(1) The term ‘gender identity’ means the gen-
der-related identity, appearance, mannerisms, or 
other gender-related characteristics of an individual, 
without regard to the individual’s designated sex at 
birth. A person’s gender identity can be shown by 
providing evidence, including medical history, care or 
treatment of the gender identity, consistent and uni-
form assertion of the gender identity, or other evi-
dence that the gender identity is sincerely held, part 
of a person’s core identity, and not being asserted 
for an improper purpose. 
‘‘(2) The terms ‘religion’ and ‘religious’ include 
all aspects of religious belief, observance, and prac-
tice, whether or not compelled by, or central to, a 
system of religion. 
‘‘(3) The term ‘religious corporation, associa-
tion, educational institution, or society’ includes— 
‘‘(A) a church, synagogue, mosque, temple, 
or other house of worship; 
‘‘(B) a nonprofit corporation, association, 
educational institution, society, or other non-
profit entity that is, in whole or substantial 
part, owned, supported, controlled, or managed 
by a particular religion or by a particular 
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church, denomination, convention, or associa-
tion of churches or other houses of worship; or 
‘‘(C) a nonprofit corporation, association, 
educational institution, society, or other non-
profit entity that holds itself out to the public 
as substantially religious, has as its stated pur-
pose in its organic documents that it is reli-
gious, and is substantially religious in its cur-
rent operations. 
‘‘(4) The term ‘religious educational institution’ 
includes any preschool, primary, secondary or post- 
secondary educational institution that is— 
‘‘(A) in whole or in substantial part, 
owned, supported, controlled, or managed by a 
particular religion or by a particular church, de-
nomination, 
convention, 
or 
association 
of 
churches or other houses of worship; or 
‘‘(B) a nonprofit corporation organized for 
educational purposes that holds itself out to the 
public as substantially religious, has as its stat-
ed purpose in its organic documents that it is 
religious, and is substantially religious in its 
current operations. 
‘‘(5) The term ‘sexual orientation’ means homo-
sexuality, heterosexuality, or bisexuality.’’. 
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pamtmann on DSKBC07HB2PROD with BILLS
‘‘(A) The term ‘employee’ has the meaning 
given the term in section 701(j)(2). 
‘‘(B) The term ‘leave of general usage’ means 
leave provided under the policy or program of an 
employer, under which— 
‘‘(i) an employee may take leave by adjust-
ing or altering the work schedule or assignment 
of the employee according to criteria deter-
mined by the employer; and 
‘‘(ii) the employee may determine the pur-
pose for which the leave is to be utilized. 
‘‘(2) For purposes of determining whether an em-
ployer has committed an unlawful employment practice 
under this title by failing to provide a reasonable accom-
modation to the religious observance or practice of an em-
ployee, for an accommodation to be considered to be rea-
sonable, the accommodation shall remove the conflict be-
tween employment requirements and the religious observ-
ance or practice of the employee. 
‘‘(3) An employer shall be considered to commit such 
a practice by failing to provide such a reasonable accom-
modation for an employee if the employer refuses to per-
mit the employee to utilize leave of general usage to re-
move such a conflict solely because the leave will be used 
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E:\BILLS\H1440.IH
H1440
pamtmann on DSKBC07HB2PROD with BILLS