[Congressional Record Volume 150, Number 103 (Thursday, July 22, 2004)]
[Senate]
[Pages S8734-S8735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. CLINTON:
  S. 2748. A bill to prohibit the giving or acceptance of payment for 
the placement of a child, or obtaining consent to adoption; to the 
Committee on the Judiciary.
  Mrs. CLINTON. Mr. President, I rise today to introduce legislation 
that will create a national penalty for baby selling and help ensure 
that all families experience safe and legal adoptions.
  Although the majority of adoptions are handled by reputable and 
ethical agencies, each year around the world, hundreds of thousands of 
children are sold illegally. In these tragic instances, birth mothers 
and prospective adoptive families alike are victimized by individuals 
who treat children as commodities. Baby brokers exploit couples who are 
eager, if not desperate, to adopt a child, and vulnerable women who are 
unable or unwilling to raise their children. In too many States baby 
brokering constitutes only a misdemeanor offense. The Baby Selling 
Prohibition Act of 2004 will make this horrific crime a felony.
  I am pleased to partner with Lifetime Television to help raise 
awareness about this issue and to change public policy. Lifetime's 
original movie, ``Baby for Sale,'' which is based on the troubling true 
story of a couple who

[[Page S8735]]

tried to adopt a child and got caught up in a baby selling ring, will 
go a long way toward raising the Nation's consciousness of this issue, 
and, I hope, generate support for my legislation.
  The movie ``Baby for Sale'' highlights the story of a prospective 
adoptive couple, William and Lauren Schneider, who registered with an 
online agency called ``Adoption Online.'' Through this agency, they met 
a lawyer who introduced them to a baby, Nikolett, who they were told 
was available for adoption. The Schneiders fell in love with Nikolett 
at once and wanted to begin the adoption procedures so that they could 
begin their life as a family together. However, when the lawyer asked 
them for $60,000 under-the-table to process the adoption the couple 
alerted the authorities, and ultimately uncovered a bidding war between 
multiple couples for this little girl. The public outrage surrounding 
this case led to a change in New York law last year. Under New York's 
new law, baby selling is considered a felony instead of a misdemeanor.
  The Baby Selling Prohibition Act of 2004 is modeled after New York's 
law. It makes profiting from the sale of a child, defined as charging 
fees beyond those that are reasonable and allowable, a felony, 
punishable by up to 10 years in prison.
  This critical legislation will prevent families from enduring the 
same agony that the Schneider's went through and will ensure that every 
adoptive child's safety and best interest is strictly maintained in all 
adoption cases.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2478

       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 ``Baby Selling Prohibition Act 
     of 2004''.

     SEC. 2. PROHIBITION.

       (a) In General.--Chapter 77 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1596. Accepting or charging excess amounts in 
       connection with the placement of a child or obtaining 
       consent to adoption

       ``(a) Definition of minor.--In this section, the term 
     `minor' has the same meaning as in section 25(a)(2).
       ``(b) In General.--Whoever, in connection with the adoption 
     of a minor, knowingly accepts or charges any fee in excess of 
     the allowable costs for adoption, as those costs are defined 
     under the law of the State in which the adoption is 
     finalized, shall be imprisoned for not more than 10 years.
       ``(c) Allowable Costs.--If, under the law of any State in 
     which an adoption is finalized, the allowable costs 
     associated with the adoption of a minor are not defined, the 
     allowable costs for purposes of this section shall be--
       ``(1) maternity-related medical and costs;
       ``(2) travel, meal, and lodging costs accrued when 
     necessary for court appearances;
       ``(3) counseling fees;
       ``(4) fees to cover pre- and post-adoption counseling 
     provided by a licensed health practitioner;
       ``(5) attorney and legal fees associated with the adoption;
       ``(6) foster care for the child to be adopted; and
       ``(7) foster care for the child to be adopted, and costs 
     associated with medical care, routine care, travel, and 
     living expenses of the child to be adopted.
       ``(d) Limitation.--All costs described under subsection (b) 
     or (c) shall be reasonable and customary within the State in 
     which the adoption is finalized.
       ``(e) Applicability.--This section shall apply to all 
     individuals, intermediaries, or entities involved in the 
     adoption of a minor.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 77 of title 18, United States Code, is 
     amended by adding at the end the following:

``1596. Accepting or charging excess amounts in connection with the 
              placement of a child or obtaining consent to adoption.''.
                                 ______