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S. 1164: Keeping Infants Domestically Safe Act of 2019


The text of the bill below is as of Apr 11, 2019 (Introduced).

Summary of this bill

Apparently some forms of child selling are still legal under federal law.

Context

It is illegal under federal law to provide or facilitate child prostitution. However, a loophole still allows the sale of a child for non-sexual purposes, such as financial gain or black market adoptions.

News stories of the sort include a Mississippi woman who tried selling her two-week-old grandson for $2,000 and a car, and a Texas woman who sold her 7-year-old son for $2,500 to pay off drug debts.

Although some states have criminalized all forms of child sales, such a blanket ban does not currently exist under federal law.

What the bill does

The ...


II

116th CONGRESS

1st Session

S. 1164

IN THE SENATE OF THE UNITED STATES

April 11, 2019

(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.

1.

Short title

This Act may be cited as the Keeping Infants Domestically Safe Act of 2019 or the KIDS Act.

2.

Amendment

Section 2251A of title 18, United States Code, is amended—

(1)

in subsection (a), in the undesignated matter following paragraph (2)(B), by striking subsection (c) and inserting subsection (d);

(2)

in subsection (b), in the undesignated matter following paragraph (2)(B), by striking subsection (c) and inserting subsection (d);

(3)

by redesignating subsection (c) as subsection (d);

(4)

by inserting after subsection (b) the following:

(c)
(1)

It shall be unlawful for a parent, legal guardian, or other person having custody or control of a minor to sell, trade, or offer to sell or trade, the minor in exchange for money or other consideration, if any of the circumstances described in subsection (d) exist.

(2)

It shall be unlawful for a person to purchase or otherwise obtain custody or control, or offer to purchase or otherwise obtain custody or control, of a minor in exchange for money or other consideration, if any of the circumstances described in subsection (d) exist.

(3)

Any person who violates paragraph (1) or (2) shall be fined under this title, imprisoned for not less than 30 years or for life, or both.

(4)
(A)

This subsection shall not be construed to apply to any person adopting a minor through a legal adoption process.

(B)

In this paragraph, the term legal adoption process

(i)

means an adoption process conducted in accordance with State law; and

(ii)

includes a surrogacy or gestational carrier agreement conducted in accordance with State law.

; and

(5)

in subsection (d), as so redesignated, in the matter preceding paragraph (1), by striking subsections (a) and (b) and inserting subsections (a), (b), and (c).