I 117TH CONGRESS 1ST SESSION H. R. 1434 To combat trafficking in persons for the removal of their organs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 26, 2021 Mr. RESCHENTHALER (for himself and Mr. MCCAUL) introduced the following bill; which was referred to the Committee on the Judiciary, and in addi- tion to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned A BILL To combat trafficking in persons for the removal of their organs, 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 ‘‘Stop Predatory Organ 4 Trafficking Act of 2021’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) Global Financial Integrity estimates that up 8 to 10 percent of all transplants rely on organs that 9 VerDate Sep 11 2014 18:30 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1434.IH H1434 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1434 IH have been illicitly obtained. These organs are often 1 bought from vulnerable, impoverished persons. 2 (2) The illicit organ trade is lucrative; demand 3 is high, and buyers can pay up to over $200,000 to 4 secure a kidney outside the legitimate market ac- 5 cording to Global Financial Integrity. By some esti- 6 mates, organ trafficking raises between $840 million 7 and $1.7 billion. This can bankroll terrorist and 8 transnational crime activity. 9 (3) It has been reported that the Islamic State 10 has used stolen organs to finance its war activities 11 and to treat injured fighters, sanctioning the re- 12 moval of organs from living captives. 13 (4) A severe shortage of transplanted organs 14 helps fuel organ trafficking. As of 2014, according 15 to the Global Observatory on Donation and Trans- 16 plantation, the 120,000 transplants conducted glob- 17 ally only accounted for 10 percent of the patients 18 waiting for an organ transplant. 19 (5) According to a 2013 United Nations report 20 from the Special Rapporteur on trafficking in per- 21 sons, especially women and children, the economic 22 and social divisions within and among countries is 23 notably reflected in the illicit organ trafficking mar- 24 VerDate Sep 11 2014 18:30 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1434.IH H1434 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1434 IH ket, in which the victims are commonly poor, unem- 1 ployed, and more susceptible to deceit and extortion. 2 SEC. 3. SENSE OF CONGRESS. 3 It is the sense of Congress that establishing efficient 4 voluntary organ donation systems with strong enforcement 5 mechanisms is an effective way to combat trafficking in 6 persons for purposes of the removal of organs. 7 SEC. 4. IMPOSITION OF VISA SANCTIONS. 8 (a) IN GENERAL.— 9 (1) DETERMINATION.—An alien who the Sec- 10 retary of State or the Secretary of Homeland Secu- 11 rity (or a designee of one of such Secretaries) 12 knows, or has reason to believe, has committed or 13 facilitated the trafficking in persons for purposes of 14 the removal of organs may be determined to be— 15 (A) removable from the United States; 16 (B) inadmissible to the United States; 17 (C) ineligible to receive a visa or other doc- 18 umentation to enter the United States; and 19 (D) otherwise ineligible to be admitted or 20 paroled into the United States or to receive any 21 other benefit under the Immigration and Na- 22 tionality Act (8 U.S.C. 1101 et seq.). 23 (2) REPORTING OF NAMES.—The Secretary of 24 State shall report the names of persons who have 25 VerDate Sep 11 2014 18:30 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1434.IH H1434 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1434 IH been convicted of an offense under section 301 of 1 the National Organ Transplant Act (42 U.S.C. 2 274e) to foreign ministries for future consideration 3 regarding the issuance of visas to such persons. 4 (b) REPORTING.— 5 (1) IN GENERAL.—Not later than two years 6 after the date of the enactment of this Act and an- 7 nually thereafter through 2027, the Secretary of 8 State shall submit to the appropriate congressional 9 committees a comprehensive report that includes the 10 following information: 11 (A) A description of the sources, practices, 12 methods, facilitators, and recipients of traf- 13 ficking in persons for purposes of the removal 14 of organs during the period covered by each 15 such report. 16 (B) A description of activities undertaken 17 by the Department of State, either unilaterally 18 or in cooperation with other countries, to ad- 19 dress and prevent trafficking in persons for 20 purposes of the removal of organs. 21 (C) A description of activities undertaken 22 by countries to address and prevent trafficking 23 in persons for purposes of the removal of or- 24 gans. 25 VerDate Sep 11 2014 18:30 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1434.IH H1434 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1434 IH (2) MATTERS TO BE INCLUDED.—The reports 1 required under subsection (a) shall include the col- 2 lection and organization of data from human rights 3 officers at United States diplomatic and consular 4 posts on host country laws against trafficking in 5 persons for purposes of the removal of organs, in- 6 cluding enforcement of such laws, or any instances 7 of violations of such laws. 8 (3) ADDITIONAL MATTERS TO BE INCLUDED.— 9 The reports required under subsection (a) may in- 10 clude the following: 11 (A) Information provided in meetings with 12 host country officials. 13 (B) Information provided through coopera- 14 tion with United Nations or World Health Or- 15 ganization agencies. 16 (C) Communications and reports provided 17 by nongovernmental organizations working on 18 the issue of trafficking in persons for purposes 19 of the removal of organs. 20 (D) Any other reports or information 21 sources the Secretary of State determines to be 22 necessary and appropriate. 23 (4) RELATION TO TRAFFICKING IN PERSONS 24 REPORT.—The reports required under subsection (a) 25 VerDate Sep 11 2014 18:30 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1434.IH H1434 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1434 IH shall be deemed to satisfy the reporting require- 1 ments relating to trafficking in persons for purposes 2 of the removal of organs under section 110(b) of the 3 Trafficking Victims Protection Act of 2000 (22 4 U.S.C. 7107(b)). 5 Æ VerDate Sep 11 2014 18:30 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1434.IH H1434 pamtmann on DSKBC07HB2PROD with BILLS