[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3983 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3983

To amend title 18, United States Code, to prohibit false statements in 
the offering of adoption services and to prohibit certain persons from 
soliciting or receiving compensation for placing a child for adoption, 
  and to express the sense of the Congress that there should be civil 
         remedies for victims of fraudulent adoption practices.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 1996

Mr. Gutierrez introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to prohibit false statements in 
the offering of adoption services and to prohibit certain persons from 
soliciting or receiving compensation for placing a child for adoption, 
  and to express the sense of the Congress that there should be civil 
         remedies for victims of fraudulent adoption practices.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anti-Fraudulent Intercountry 
Adoption Practices Act of 1996''.

SEC. 2. CRIMINAL PROVISIONS.

    (a) In General.--Title 18 of the United States Code is amended by 
redesignating chapter 2 as chapter 2B and inserting before such chapter 
the following:

                    ``CHAPTER 2A--ADOPTION SERVICES

``Sec.
``21. False pretenses in connection with the offering of adoption 
                            services.
``22. Placing a child for adoption for compensation.
``23. Definitions.
``24. Effect on State law and regulation.

                    ``CHAPTER 2A--ADOPTION SERVICES

``Sec. 21. False pretenses in connection with the offering of adoption 
              services
    ``(a) It shall be unlawful for any person, offering to perform any 
act or render any service in connection with the placement of a child 
for adoption, to knowingly and willfully falsify, conceal, or cover up 
by any trick, scheme, or device a material fact, or make any false, 
fictitious, or fraudulent statements or representations, or make or use 
any false writing or document knowing the same to contain any false, 
fictitious, or fraudulent statement or entry, in connection with the 
performance of such act or the rendition of such service or the offer 
to do so.
    ``(b) The material facts, documents, and representations referred 
to in subsection (a) include--
            ``(1) information about the political or legal conditions 
        and circumstances prevalent and anticipated in any country in 
        which the legal proceedings of the adoption are to take place 
        and which may affect the adoption process, including, but not 
        limited to, information regarding how such conditions and 
        circumstances may affect the time period in which the adoption 
        process is to be completed; and
            ``(2) information released by the United States Department 
        of State in the form of travel notices and other advisories 
        regarding the adoption process in any country in which the 
        legal proceedings of the adoption are to take place.
    ``(c) Any person who violates this section shall be imprisoned not 
more than 5 years, fined not more than $10,000, or both.
``Sec. 22. Placing a child for adoption for compensation
    ``(a) It shall be unlawful for any person to knowingly and 
willfully solicit or receive money or any thing of value, or the 
promise thereof, for placing or arranging for the placement of any 
child for adoption under circumstances that would require or result in 
such child being transported in interstate or foreign commerce.
    ``(b) Any person who violates this section shall be imprisoned not 
more than 5 years, fined not more than $10,000, or both.
    ``(c) This section shall not apply to any person who--
            ``(1) solicits or receives money or any thing of value as 
        the bona fide agent of a child care or adoption agency, public 
        or private, which is authorized or licensed by a State to place 
        children for adoption, in exchange for services rendered by the 
        agency;
            ``(2) solicits or receives reasonable services rendered in 
        connection with the consultation regarding, and the preparation 
        and execution of documents necessary to accomplish, the legal 
        placement of a child for adoption; or
            ``(3) solicits or receives reasonable fees solely in 
        connection with the consultation regarding, and the rendition 
        of, professional medical services related to the prenatal care 
        of a woman or the delivery, examination, or treatment of a 
        child for adoption.
``Sec. 23. Definitions
    ``As used in this chapter:
            ``(1) The term `child' has the meaning given such term in 
        section 101(b)(1)(F) of the Immigration and Nationality Act.
            ``(2) The term `State' includes the District of Columbia, 
        the Commonwealth of Puerto Rico, the Commonwealth of the 
        Northern Mariana Islands, the United States Virgin Islands, 
        Guam, American Samoa, and the Trust Territory of the Pacific 
        Islands.
``Sec. 24. Effect on State law and regulation
    ``Nothing in this chapter shall be construed to limit or otherwise 
affect the applicability or validity of any State law or regulation 
that may govern the placement of children in a home for adoption.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by striking the item relating to 
chapter 2 and inserting the following:

``2A. Adoption practices....................................        21 
``2B. Aircraft and motor vehicles...........................     31.''.

SEC. 3. SENSE OF THE CONGRESS THAT THERE SHOULD BE CIVIL REMEDIES FOR 
              VICTIMS OF FRAUDULENT ADOPTION PRACTICES.

    (a) Defrauding Prospective Adoptive Parents; Civil Remedies.--It is 
the sense of the Congress that--
            (1) any person who, having accepted money or anything of 
        value in connection with an offer of, or performance of, any 
        service or act relating to the placement of a child for 
        adoption, has committed a violation of the provisions of 
        chapter 2A of title 18, United States Code, should be liable 
        for damages to any individual who has paid money or anything of 
        value for the performance of such service or act;
            (2) the district courts of the United States should have 
        jurisdiction to hear such cases regardless of the amount in 
        controversy, and the plaintiff in such actions should be 
        entitled to recover any money or thing of value (or the 
        monetary equivalent thereof) which was provided to the 
        defendant in exchange for the offer or promise to perform the 
        act or service in question, in addition to punitive damages, 
        costs of suit, and attorney's fees, where appropriate; and
            (3) the court may further impose such other penalties that 
        may be provided for by State or Federal law.
    (b) Defrauding Birth Mother; Civil Remedies.--It is further the 
sense of the Congress that--
            (1) any person who, having agreed to pay the expenses of a 
        pregnant woman in return for the giving up of the child for 
        adoption, commits an act of fraud in either stating the 
        agreement or in performing it, should, if such woman traveled 
        in interstate or foreign commerce because of the agreement, be 
        liable to such woman for damages incurred as a result of the 
        failure to perform any act or service covered by such 
        agreement;
            (2) the district courts of the United States should have 
        jurisdiction to hear such cases regardless of the amount in 
        controversy, and the plaintiff in such actions should be 
        entitled to recover such consequential and punitive damages, 
        plus costs of suit and attorney's fees, as may be appropriate; 
        and
            (3) the court may further impose such other penalties that 
        may be provided for by State or Federal law.
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