,,ii #aaith ,,congress #ast ,session ,s4 #cbhe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #a1 #bjbe,ms4 ,klobuchar 7for herself1 ,mrs4 ,britt1 ,mr4 ,blumenthal1 ,mrs4 ,blackburn1 ,mr4 ,cramer1 ,ms4 ,hirono1 and ,mr4 ,husted7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to criminalize unlawful adoption practices4 #a4 ,short title ,this ,act may be cited as the ,adoption ,deserves ,oversight1 ,protection1 and ,transparency ,act of #bjbe or the ,,adopt ,act of #bjbe4 #b4 ,purpose ,the purpose of this ,act is to-- 7#a7 protect individuals and families impacted by private domestic interstate adoption from exploitation by unlicensed adoption intermediaries2 7#b7 ensure that individuals seeking assistance with private domestic interstate adoption have ready access to licensed and regulated adoption providers in their communities2 and 7#c7 prevent the commodification of children who are the subjects of private domestic interstate adoptions4 #c4 ,adoption offense 7a7 ,in general ,chapter #aa;,a of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #bbh;,a4 ,unlawful adoption practices 7a7 ,definitions ,in this section3 7#a7 ,adoption advertising ,the term adoption advertising means a paid advertisement1 article1 notice1 or other paid communication published in any newspaper1 magazine1 or on the internet1 on a billboard1 over radio or television1 or any public media that-- 7,a7 solicits prospective adoptive parents for the purpose of acting as a link between a placing parent and a prospective adoptive parent1 or the representative1 attorney1 or agency of a prospective adoptive parent or placing parent1 for the placement of a child for adoption2 7,b7 solicits placing parents for the purpose of acting as a link between a placing parent and a prospective adoptive parent1 or the representative1 attorney1 or agency of a prospective adoptive parent or placing parent1 for the placement of a child for adoption2 or 7,c7 offers to disburse any thing of value1 including living expenses1 medical or hospital care1 or any other expenses of a placing parent in connection with the birth or adoption of a child4 7#b7 ,adoption intermediary services ,the term adoption intermediary services means the provision of any of the following services1 in exchange for direct or indirect compensation3 7,a7 ,soliciting placing parents1 whether through adoption advertising or other means1 for the purposes of acting as a link between a placing parent and a prospective adoptive parent1 or the representative1 attorney1 or agency of a prospective adoptive parent or placing parent1 for the placement of a child for adoption4 7,b7 ,soliciting prospective adoptive parents1 whether through adoption advertising or other means1 for the purpose of acting as a link between a placing parent and a prospective adoptive parent1 or the representative1 attorney1 or agency of a prospective adoptive parent or placing parent1 for the placement of a child for adoption4 7,c7 ,acting as a link between placing parents of a child and prospective adoptive parents1 whether directly or through the representative1 attorney1 or agency of a prospective adoptive parent or placing parent1 for the placement of a child for adoption4 7#c7 ,placing parent ,the term placing parent means a parent with legal authority to place the child for adoption4 7#d7 ,public child-placing agency ,the term public child-placing agency means any government child welfare agency or child protection agency that has the legal authority to place children for adoption4 7#e7 ,private licensed child-placing agency ,the term private licensed child-placing agency means a licensed or ,state approved agency that has the legal authority to place children for adoption4 7b7 ,adoption intermediary services 7#a7 ,offense ,whoever1 in any circumstance described in subsection 7e71 knowingly provides adoption intermediary services shall be punished as provided in accordance with subsection 7f74 7#b7 ,exception ,paragraph 7#a7 shall not apply to-- 7,a7 a public child-placing agency2 7,b7 an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,act that is acting under contract by a public child-placing agency2 7,c7 a private licensed child-placing agency2 7,d7 an attorney licensed in the ,state in which the intermediary services are provided2 or 7,e7 an adoption service provider accredited or approved in accordance with title ,,ii of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adiba et seq47 advertising provision of services through an intercountry adoption program4 7c7 ,adoption advertising 7#a7 ,offense ,whoever1 in any circumstance described in subsection 7e71 knowingly places an adoption advertisement shall be punished in accordance with subsection 7f74 7#b7 ,exception ,paragraph 7#a7 shall not apply to-- 7,a7 a public child-placing agency or private licensed child-placing agency licensed to provide services in the ,state in which the advertisement appears2 7,b7 an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,act that is acting under contract by a public child-placing agency2 7,c7 an attorney licensed in the ,state in which the advertisement appears2 or 7,d7 an adoption service provider accredited or approved in accordance with title ,,ii of the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adiba et seq47 advertising an intercountry adoption program4 7d7 ,unauthorized payments to or on behalf of a placing parent 7#a7 ,offense ,whoever1 in any circumstance described in subsection 7e71 knowingly provides any thing of value1 including money1 property1 or services 7including medical or hospital care71 whether payment is made directly or indirectly for the benefit of the placing parent in connection with the birth of a child and in furtherance of an adoption in an amount exceeding #b1ejj1 before the consultation of a placing parent with a private licensed child-placing agency or attorney licensed in the ,state where the placing parent resides or is located1 shall be punished in accordance with subsection 7f74 7#b7 ,exception ,paragraph 7#a7 shall not apply with respect to any payment made by or in cooperation with-- 7,a7 a private child-placing agency licensed in the ,state in which the placing parent resides or is located2 7,b7 an attorney licensed in the ,state in which the placing parent resides or is located2 or 7,c7 a public agency or entity pursuant to any law or regulation1 including any entitlement benefit1 public assistance1 or similar government support4 7e7 ,applications ,for the purposes of subsections 7b71 7c71 and 7d71 the circumstances under which those subsections apply are-- 7#a7 the defendant1 placing parent1 or prospective adoptive parent traveled in interstate or foreign commerce or traveled using a means1 channel1 facility1 or instrumentality of interstate or foreign commerce1 in furtherance of or in connection with the conduct described in subsection 7b71 7c71 or 7d72 7#b7 the defendant knowingly used a means1 channel1 facility1 or instrumentality of interstate or foreign commerce1 in furtherance of or in connection with the conduct described in subsection 7b71 7c71 or 7d72 7#c7 the defendant knowingly made a payment1 directly or indirectly1 using any means1 channel1 facility1 or instrumentality of interstate or foreign commerce or in or affecting interstate commerce1 in furtherance of or in connection with the conduct described in subsection 7b71 7c71 or 7d72 7#d7 the defendant knowingly transmitted in interstate or foreign commerce any communication using any means1 channel1 or facility1 or instrumentality of interstate or foreign commerce1 including wire or computer1 in furtherance of or in connection with the conduct described in subsection 7b71 7c71 or 7d72 7#e7 the conduct described in subsection 7b71 7c71 or 7d7 occurred within the territorial jurisdiction of the ,united ,states1 or any territory or possession of the ,united ,states2 or 7#f7 the conduct described in subsection 7b7 otherwise occurred in or affected interstate or foreign commerce4 7f7 ,penalty ,whoever violates subsection 7b71 7c71 or 7d7-- 7#a7 in the case of an individual1 shall be fined #ej1jjj1 imprisoned for not more than #e years1 or both per violation2 or 7#b7 in the case of an organization1 shall be fined #ajj1jjj per violation4 7g7 ,rule of construction ,nothing in this section may be construed to-- 7#a7 affect the application of the ,indian ,child ,welfare ,act of #aigh 7#be ,u4,s4,c4 #aija et seq472 7#b7 limit the provision of intercountry adoption programs and services authorized under the ,intercountry ,adoption ,act of #bjjj 7#db ,u4,s4,c4 #adija et seq472 or 7#c7 prohibit a ,state or local government from enacting or enforcing requirements that are more stringent than the requirements established under this section4 4 7b7 ,clerical amendments 7#a7 ,table of chapters ,the table of chapters for part ,i of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #aa;,a4,child support and unlawful adoption practices#bbh 4 7#b7 ,chapter heading ,the chapter heading for chapter #aa;,a of title #ah1 ,united ,states ,code1 is amended by inserting ,,and ,,unlawful ,,adoption ,,practices after ,,child ,,support4 7#c7 ,table of sections ,the table of sections for chapter #aa;,a of title #ah1 ,united ,states ,code1 is amended by adding after the item relating to section #bbh1 the following3 #bbh;,a4 ,unlawful adoption practices4 4 #d4 ,effective date ,this ,act and the amendments made by this ,act shall take effect on the date that is #abj days after the date of enactment of this ,act4