I 
110TH CONGRESS 
1ST SESSION 
H. R. 289 
To protect the religious freedom of providers of adoption or foster care 
services. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 5, 2007 
Mr. ENGLISH of Pennsylvania 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 Representa-
tives 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 
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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 Amend-
ment. 
(2) Among the many ways that Congress pro-
vides for the general welfare is by providing approxi-
mately $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 long-
standing role in the effective provision of these serv-
ices, especially placement services. 
(5) Some State and local governments have in 
effect laws, policies, or procedures under which li-
censes necessary for religious organizations to pro-
vide 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 cou-
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ples whose marriage is not recognized by Federal 
statute. 
(6) These actions by State and local govern-
ments inhibit the religious freedom of religious orga-
nizations that seek to provide these services, by dis-
criminating 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 en-
couraging cooperation with the Federal policy of 
supporting the provision of these services in a man-
ner consistent with the freedom of religion is to 
withhold Federal funds from State or local govern-
ments who act in violation of this policy. 
(8) Therefore, this Act provides for the with-
holding of Federal funds for foster care and adop-
tion assistance to States that restrict the freedom of 
religious organizations to provide foster care and 
adoptive services consistent with the fundamental re-
ligious 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: 
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‘‘(g) PROTECTING RELIGIOUS FREEDOM OF ENTI-
TIES THAT PROVIDE ADOPTION OR FOSTER CARE SERV-
ICES.—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 pro-
vides 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.’’. 
Æ 
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