187 
children and the parents or legal guardians of such chil-
dren, that is located in that State, be licensed by the State 
or any political subdivision thereof. 
SEC. 537. (a) The Federal Government, and any 
State or local government that receives Federal funding 
for any program that provides child welfare services under 
part B or part E of title IV of the Social Security Act 
(and any subdivision, office, or department of such State), 
shall not discriminate or take an adverse action against 
a child welfare service provider on the basis that the pro-
vider has declined or will decline to provide, facilitate, or 
refer for a child welfare service that conflicts with, or 
under circumstances that conflict with, the provider’s sin-
cerely held religious beliefs or moral convictions. 
(b) The Secretary of Health and Human Services 
shall withhold from a State or local government 15 percent 
of the Federal funds the State or local government re-
ceives for a program that provides child welfare services 
under part B or part E of title IV of the Social Security 
Act if the State or local government violates subsection 
(a) when administering or disbursing funds under such 
program. 
(c)(1) A child welfare service provider aggrieved by 
a violation of subsection (a) may assert that violation as 
a claim or defense in a judicial proceeding and obtain all 
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appropriate relief, including declaratory relief, injunctive 
relief, and compensatory damages, with respect to that 
violation. 
(2) A child welfare service provider that prevails in 
an action by establishing a violation of subsection (a) is 
entitled to recover reasonable attorneys’ fees and costs. 
(3) By accepting or expending Federal funds in con-
nection with a program that provides child welfare services 
under part B or part E of title IV of the Social Security 
Act, a State waives its sovereign immunity for any claim 
or defense that is raised under this subsection. 
(d) For purposes of this section: 
(1) The term ‘‘child welfare service provider’’ 
includes organizations, corporations, groups, entities, 
or individuals that provide or seek to provide, or 
that apply for or receive a contract, subcontract, 
grant, or subgrant for the provision of, child welfare 
services. The provider need not be engaged exclu-
sively in child welfare services to be considered a 
child welfare service provider. 
(2) The term ‘‘child welfare services’’ means so-
cial services provided to or on behalf of children, in-
cluding assisting abused, neglected, or troubled chil-
dren, counseling children or parents, promoting fos-
ter parenting, providing foster homes or temporary 
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group shelters for children, recruiting foster parents, 
placing children in foster homes, licensing foster 
homes, promoting adoption, recruiting adoptive par-
ents, assisting adoptions, supporting adoptive fami-
lies, assisting kinship guardianships, assisting kin-
ship caregivers, providing family preservation serv-
ices, providing family support services, and providing 
time-limited family reunification services. 
(3) The term ‘‘State’’ includes any of the sev-
eral States, the District of Columbia, any common-
wealth, territory or possession of the United States, 
and any political subdivision thereof. 
(4) The terms ‘‘funding’’, ‘‘funded’’, or ‘‘funds’’ 
include money paid pursuant to a contract, grant, 
voucher, or similar means. 
(5) The term ‘‘adverse action’’ includes, but is 
not limited to, denying a child welfare service pro-
vider’s application for funding, refusing to renew the 
provider’s funding, canceling the provider’s funding, 
declining to enter into a contract with the provider, 
refusing to renew a contract with the provider, can-
celing a contract with the provider, declining to issue 
a license to the provider, refusing to renew the pro-
vider’s license, canceling the provider’s license, ter-
minating the provider’s employment, or any other 
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190 
adverse action that materially alters the terms or 
conditions of the provider’s employment, funding, 
contract, or license. 
SEC. 538. Except in the case of a medical emergency, 
none of the funds made available by this Act may be used 
by a health care provider to administer any medication 
to an unaccompanied alien child (as defined in section 
462(g)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 279(g)(2))) in the care of the Office of Refugee 
Resettlement of the Administration for Children and Fam-
ilies, unless such minor has received a physical and mental 
health evaluation, including a trauma assessment and an 
assessment for comorbidities, while in such care. 
SEC. 539. It is the sense of Congress that immigrant 
children should not be separated from their parents and 
that families should be reunited immediately. 
SEC. 540. None of the funds made available by this 
Act may be used by the Office of Refugee Resettlement 
of the Administration for Children and Families, or any 
contractor employed by such Office of Refugee Resettle-
ment, to ask any question relating to religion, the practice 
of religion, or the frequency of religious observation as 
part of an assessment or requirement for any potential 
sponsor or adoptive or foster parent of an unaccompanied 
alien child (as defined in section 462(g) of the Homeland 
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Security Act of 2002 (6 U.S.C. 279(g))) in the custody 
of such Office of Refugee Resettlement, or during the 
process of reunifying such a child with a parent. 
SEC. 541. Not later than 30 days after the date of 
the enactment of this Act, the Secretary of Health and 
Human Services shall submit to the Committee on Appro-
priations of both Houses of Congress a report that details 
the following: 
(1) The number of pre-literate children who 
were in the custody of the Office of Refugee Reset-
tlement of the Administration for Children and 
Families during fiscal year 2018. 
(2) A list of languages that were spoken by 
such children and the number of translators that 
were needed with respect to each such language. 
(3) Any additional resources that were needed 
by such Office of Refugee Resettlement to ensure 
that such children were able to communicate with 
the staff of such Office of Refugee Resettlement. 
SEC. 542. Not later than 30 days after the date of 
the enactment of this Act, the Secretary of Health and 
Human Services shall submit to the Committee on Appro-
priations of both Houses of Congress a report that details 
the following: 
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(1) What guidance, if any, the Office of Ref-
ugee Resettlement of the Administration for Chil-
dren and Families provides to the shelters and staff 
of such Office of Refugee Resettlement regarding 
the unique medical and mental health needs of chil-
dren who have been separated from their parents. 
(2) What resources, if any, the Department of 
Health and Human Services provides to children 
who have been separated from their parents to ad-
dress the mental health and trauma such children 
have experienced and may continue to experience. 
(3) How the Department of Health and Human 
Services ensures that children who have been sepa-
rated from their parents have timely access to treat-
ment from qualified health professionals. 
(4) The average period of time that children 
separated from their parents stay in the care of the 
Office of Refugee Resettlement of the Administra-
tion for Children and Families. 
SPENDING REDUCTION ACCOUNT 
SEC. 543. The amount by which the applicable alloca-
tion of new budget authority made by the Committee on 
Appropriations of the House of Representatives under sec-
tion 302(b) of the Congressional Budget Act of 1974 ex-
ceeds the amount of proposed new budget authority is $0. 
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Union Calendar No. 667 
115TH CONGRESS 
2D SESSION 
H. R. 6470 
[Report No. 115–862] 
A BILL 
Making appropriations for the Departments of 
Labor, Health and Human Services, and Edu-
cation, and related agencies for the fiscal year 
ending September 30, 2019, and for other pur-
poses. 
JULY 23, 2018 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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