KIDS Act

II 116TH CONGRESS 1ST SESSION S. 1164 To amend title 18, United States Code, to prohibit black market adoption of children, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 11, 2019 Mrs. HYDE-SMITH (for herself, Mrs. CAPITO, Mrs. BLACKBURN, Mr. WICKER, and Mr. DAINES) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit black market adoption of children, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Keeping Infants Do- 4 mestically Safe Act of 2019’’ or the ‘‘KIDS Act’’. 5 SEC. 2. AMENDMENT. 6 Section 2251A of title 18, United States Code, is 7 amended— 8 VerDate Sep 11 2014 22:20 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1164.IS S1164 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1164 IS (1) in subsection (a), in the undesignated mat- 1 ter following paragraph (2)(B), by striking ‘‘sub- 2 section (c)’’ and inserting ‘‘subsection (d)’’; 3 (2) in subsection (b), in the undesignated mat- 4 ter following paragraph (2)(B), by striking ‘‘sub- 5 section (c)’’ and inserting ‘‘subsection (d)’’; 6 (3) by redesignating subsection (c) as sub- 7 section (d); 8 (4) by inserting after subsection (b) the fol- 9 lowing: 10 ‘‘(c)(1) It shall be unlawful for a parent, legal guard- 11 ian, or other person having custody or control of a minor 12 to sell, trade, or offer to sell or trade, the minor in ex- 13 change for money or other consideration, if any of the cir- 14 cumstances described in subsection (d) exist. 15 ‘‘(2) It shall be unlawful for a person to purchase 16 or otherwise obtain custody or control, or offer to purchase 17 or otherwise obtain custody or control, of a minor in ex- 18 change for money or other consideration, if any of the cir- 19 cumstances described in subsection (d) exist. 20 ‘‘(3) Any person who violates paragraph (1) or (2) 21 shall be fined under this title, imprisoned for not less than 22 30 years or for life, or both. 23 VerDate Sep 11 2014 22:20 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1164.IS S1164 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1164 IS ‘‘(4)(A) This subsection shall not be construed to 1 apply to any person adopting a minor through a legal 2 adoption process. 3 ‘‘(B) In this paragraph, the term ‘legal adoption 4 process’— 5 ‘‘(i) means an adoption process conducted in 6 accordance with State law; and 7 ‘‘(ii) includes a surrogacy or gestational carrier 8 agreement conducted in accordance with State law.’’; 9 and 10 (5) in subsection (d), as so redesignated, in the 11 matter preceding paragraph (1), by striking ‘‘sub- 12 sections (a) and (b)’’ and inserting ‘‘subsections (a), 13 (b), and (c)’’. 14 Æ VerDate Sep 11 2014 22:20 Apr 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1164.IS S1164 pamtmann on DSKBFK8HB2PROD with BILLS