I 117TH CONGRESS 1ST SESSION H. R. 1592 To combat forced organ harvesting and trafficking in persons for purposes of the removal of organs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 3, 2021 Mr. SMITH of New Jersey (for himself, Mr. SUOZZI, and Mrs. HARTZLER) in- troduced the following bill; which was referred to the Committee on For- eign Affairs, and in addition to the Committees on Energy and Com- merce, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall with- in the jurisdiction of the committee concerned A BILL To combat forced organ harvesting and trafficking in persons for purposes of the removal of 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 Forced Organ 4 Harvesting Act of 2021’’. 5 SEC. 2. STATEMENT OF POLICY. 6 It shall be the policy of the United States— 7 VerDate Sep 11 2014 22:21 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1592.IH H1592 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1592 IH (1) to combat international trafficking in per- 1 sons for purposes of the removal of organs; 2 (2) to promote the establishment of voluntary 3 organ donation systems with effective enforcement 4 mechanisms in bilateral diplomatic meetings and in 5 international health forums; and 6 (3) to promote the dignity and security of 7 human life in accordance with the Universal Dec- 8 laration of Human Rights, adopted on December 10, 9 1948. 10 SEC. 3. DEFINITIONS. 11 In this Act: 12 (1) APPROPRIATE COMMITTEES OF CON- 13 GRESS.—The term ‘‘appropriate committees of Con- 14 gress’’ means— 15 (A) the Committee on Foreign Relations of 16 the Senate; and 17 (B) the Committee on Foreign Affairs of 18 the House of Representatives. 19 (2) FORCED ORGAN HARVESTING.—The term 20 ‘‘forced organ harvesting’’ means the removal of one 21 or more organs from a person by means of coercion, 22 abduction, deception, fraud, or abuse of power or a 23 position of vulnerability. 24 VerDate Sep 11 2014 22:21 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1592.IH H1592 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1592 IH (3) ORGAN.—The term ‘‘organ’’ has the mean- 1 ing given the term ‘‘human organ’’ in section 2 301(c)(1) of the National Organ Transplant Act (42 3 U.S.C. 274e(c)(1)). 4 (4) TRAFFICKING IN PERSONS FOR PURPOSES 5 OF THE REMOVAL OF ORGANS.—The term ‘‘traf- 6 ficking in persons for purposes of the removal of or- 7 gans’’ means the recruitment, transportation, trans- 8 fer, harboring, or receipt of a person for the purpose 9 of removing one or more of such person’s organs, by 10 means of— 11 (A) coercion; 12 (B) abduction; 13 (C) deception; 14 (D) fraud; 15 (E) abuse of power or a position of vulner- 16 ability; or 17 (F) transfer of payments or benefits to 18 achieve the consent of a person having control 19 over a person described in the matter preceding 20 subparagraph (A). 21 SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORTS. 22 Section 4076 of the Revised Statutes (22 U.S.C. 212) 23 is amended— 24 VerDate Sep 11 2014 22:21 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1592.IH H1592 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1592 IH (1) by inserting ‘‘(a)’’ before ‘‘No passport’’; 1 and 2 (2) by adding at the end the following: 3 ‘‘(b)(1) The Secretary of State may refuse to issue 4 a passport to any individual who has been convicted of 5 an offense under section 301 of the National Organ 6 Transplant Act (42 U.S.C. 274e) if such individual, in the 7 commission of such an offense, used a passport or crossed 8 an international border. 9 ‘‘(2) The Secretary of State may revoke a passport 10 previously issued to any individual described in paragraph 11 (1).’’. 12 SEC. 5. REPORTS ON FORCED ORGAN HARVESTING AND 13 TRAFFICKING IN PERSONS FOR PURPOSES 14 OF THE REMOVAL OF ORGANS IN FOREIGN 15 COUNTRIES. 16 (a) INCLUSION OF INFORMATION IN ANNUAL COUN- 17 TRY REPORTS ON HUMAN RIGHTS PRACTICES.—The For- 18 eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is 19 amended— 20 (1) in section 116 (22 U.S.C. 2151n), by add- 21 ing at the end the following: 22 ‘‘(h) FORCED ORGAN HARVESTING AND TRAF- 23 FICKING IN PERSONS FOR PURPOSES OF THE REMOVAL 24 OF ORGANS.— 25 VerDate Sep 11 2014 22:21 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1592.IH H1592 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1592 IH ‘‘(1) IN GENERAL.—The report required by 1 subsection (d) shall include an assessment of forced 2 organ harvesting and trafficking in persons for pur- 3 poses of the removal of organs in each foreign coun- 4 try. 5 ‘‘(2) DEFINITIONS.—In this subsection: 6 ‘‘(A) FORCED ORGAN HARVESTING.—The 7 term ‘forced organ harvesting’ means the re- 8 moval of one or more organs from a person by 9 means of coercion, abduction, deception, fraud, 10 or abuse of power or a position of vulnerability. 11 ‘‘(B) ORGAN.—The term ‘organ’ has the 12 meaning given the term ‘human organ’ in sec- 13 tion 301(c)(1) of the National Organ Trans- 14 plant Act (42 U.S.C. 274e(c)(1)). 15 ‘‘(C) TRAFFICKING IN PERSONS FOR PUR- 16 POSES OF THE REMOVAL OF ORGANS.—The 17 term ‘trafficking in persons for purposes of the 18 removal of organs’ means the recruitment, 19 transportation, transfer, harboring, or receipt of 20 a person for the purpose of removing one or 21 more of such person’s organs, by means of— 22 ‘‘(i) coercion; 23 ‘‘(ii) abduction; 24 ‘‘(iii) deception; 25 VerDate Sep 11 2014 22:21 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1592.IH H1592 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 1592 IH ‘‘(iv) fraud; 1 ‘‘(v) abuse of power or a position of 2 vulnerability; or 3 ‘‘(vi) transfer of payments or benefits 4 to achieve the consent of a person having 5 control over a person described in the mat- 6 ter preceding clause (i).’’; and 7 (2) in section 502B (22 U.S.C. 2304)— 8 (A) by redesignating the second subsection 9 (i) (relating to child marriage status) as sub- 10 section (j); and 11 (B) by adding at the end the following: 12 ‘‘(k) FORCED ORGAN HARVESTING AND TRAF- 13 FICKING IN PERSONS FOR PURPOSES OF THE REMOVAL 14 OF ORGANS.— 15 ‘‘(1) IN GENERAL.—The report required by 16 subsection (b) shall include an assessment of forced 17 organ harvesting and trafficking in persons for pur- 18 poses of the removal of organs in each foreign coun- 19 try. 20 ‘‘(2) DEFINITIONS.—In this subsection, the 21 terms ‘forced organ harvesting’, ‘organ’, and ‘traf- 22 ficking in persons for purposes of the removal of or- 23 gans’ have the meanings given those terms in section 24 116(h)(2).’’. 25 VerDate Sep 11 2014 22:21 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1592.IH H1592 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 1592 IH (b) ADDITIONAL REPORTS.— 1 (1) IN GENERAL.—Not later than 30 days after 2 the date on which each annual report required by 3 sections 116 and 502B of the Foreign Assistance 4 Act of 1961 (22 U.S.C. 2151n, 2304), as amended 5 by subsection (a), is submitted, the Assistant Sec- 6 retary of State for Democracy, Human Rights, and 7 Labor (in this subsection referred to as the ‘‘Assist- 8 ant Secretary’’), shall submit to the appropriate 9 committees of Congress a report that includes the 10 following: 11 (A) With respect to each foreign country, 12 an identification of any agencies, instrumental- 13 ities, or officials of the country that are respon- 14 sible for forced organ harvesting or trafficking 15 in persons for purposes of the removal of or- 16 gans. 17 (B) A tiered ranking described in para- 18 graph (2). 19 (2) TIERED RANKING.—The tiered ranking de- 20 scribed in this paragraph is a tiered ranking of all 21 foreign countries as follows: 22 (A) TIER 1 COUNTRIES.—The Assistant 23 Secretary shall designate a country as tier 1 if 24 the country has low levels of forced organ har- 25 VerDate Sep 11 2014 22:21 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1592.IH H1592 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 1592 IH vesting or trafficking in persons for purposes of 1 the removal of organs and the government of 2 such country is making significant efforts to 3 combat those practices. 4 (B) TIER 2 COUNTRIES.—The Assistant 5 Secretary shall designate a country as tier 2 if 6 the country has— 7 (i) low or intermediate levels of forced 8 organ harvesting or trafficking in persons 9 for purposes of the removal of organs and 10 the government of such country is not 11 making significant efforts to combat those 12 practices; or 13 (ii) intermediate levels of forced organ 14 harvesting or trafficking in persons for 15 purposes of the removal of organs and the 16 government of such country is making sig- 17 nificant efforts to combat those practices. 18 (C) TIER 3 COUNTRIES.—The Assistant 19 Secretary shall designate a country as tier 3 20 if— 21 (i) the country has high levels of 22 forced organ harvesting or trafficking in 23 persons for purposes of the removal of or- 24 gans; or 25 VerDate Sep 11 2014 22:21 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1592.IH H1592 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 1592 IH (ii) the government of such country is 1 directly or indirectly supporting forced 2 organ harvesting or trafficking in persons 3 for purposes of the removal of organs. 4 (3) FORM.—The report required by this sub- 5 section shall be submitted in unclassified form. 6 (c) INTERIM REPORTS.—In addition to the annual re- 7 ports required by sections 116 and 502B of the Foreign 8 Assistance Act of 1961 (22 U.S.C. 2151n, 2304), as 9 amended by subsection (a), the Secretary of State may 10 submit to the appropriate committees of Congress at any 11 time one or more interim reports with respect to the status 12 of forced organ harvesting and trafficking in persons for 13 purposes of the removal of organs in foreign countries, in- 14 cluding information about countries whose governments 15 have begun or ceased to make significant efforts to combat 16 those practices since the date on which the most recent 17 annual report was submitted under such sections. 18 (d) CONSIDERATION OF SIGNIFICANT EFFORTS.—In 19 determining whether the government of a country is mak- 20 ing significant efforts to combat forced organ harvesting 21 and trafficking in persons for purposes of the removal of 22 organs under subsections (b) and (c), the Secretary of 23 State shall consider— 24 VerDate Sep 11 2014 22:21 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1592.IH H1592 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 1592 IH (1) the extent to which the country is a country 1 of origin, transit, or destination for forced organ 2 harvesting and trafficking in persons for purposes of 3 the removal of organs; 4 (2) the extent of efforts by the government to 5 combat forced organ harvesting and trafficking in 6 persons for purposes of the removal of organs, and, 7 particularly, the extent to which officials or employ- 8 ees of the government have participated in, facili- 9 tated, or condoned, or are otherwise complicit in, 10 those practices; and 11 (3) the measures that would be reasonable for 12 the government to combat forced organ harvesting 13 and trafficking in persons for purposes of the re- 14 moval of organs, considering the resources and capa- 15 bilities of the government. 16 SEC. 6. REPORT ON UNITED STATES MEDICAL AND EDU- 17 CATIONAL INSTITUTIONS AT WHICH ORGAN 18 TRANSPLANT SURGEONS FROM TIER 3 COUN- 19 TRIES ARE TRAINED. 20 (a) IN GENERAL.—Not later than 180 days after the 21 date on which each annual report required by sections 116 22 and 502B of the Foreign Assistance Act of 1961 (22 23 U.S.C. 2151n, 2304), as amended by section 5(a), is sub- 24 mitted, the Secretary of State, in consultation with the 25 VerDate Sep 11 2014 22:21 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1592.IH H1592 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 1592 IH Secretary of Health and Human Services, shall submit to 1 Congress a report on medical and educational institutions 2 and other entities in the United States at which organ 3 transplant surgeons are trained. 4 (b) ELEMENTS.— 5 (1) IN GENERAL.—Each report required by 6 subsection (a) shall include an identification of each 7 medical or educational institution or other entity in 8 the United States at which one or more organ trans- 9 plant surgeons described in paragraph (2) are 10 trained as of the date on which the report is sub- 11 mitted. 12 (2) ORGAN TRANSPLANT SURGEON DE- 13 SCRIBED.—An organ transplant surgeon described 14 in this paragraph is an organ transplant surgeon 15 who— 16 (A) as of the date on which the report re- 17 quired by subsection (a) is submitted, is em- 18 ployed by or affiliated with an agency or instru- 19 mentality identified in the most recent addi- 20 tional report required by section 5(b) as being 21 responsible for forced organ harvesting or traf- 22 ficking in persons for purposes of the removal 23 of organs; and 24 VerDate Sep 11 2014 22:21 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1592.IH H1592 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 1592 IH (B) is a citizen or national of a country 1 designated as a tier 3 country in the most re- 2 cent additional report required by section 5(b). 3 SEC. 7. PROHIBITION ON THE EXPORT OF ORGAN TRANS- 4 PLANT SURGERY DEVICES TO CERTAIN ENTI- 5 TIES. 6 Section 801 of the Federal Food, Drug, and Cosmetic 7 Act (21 U.S.C. 381) is amended by adding at the end the 8 following: 9 ‘‘(v) PROHIBITION ON EXPORT OF ORGAN TRANS- 10 PLANT SURGERY DEVICES TO CERTAIN ENTITIES.— 11 ‘‘(1) IN GENERAL.—Notwithstanding any other 12 provision of this Act, a device that is intended for 13 use in organ transplant surgery may not be exported 14 to any entity that is identified in the most recent ad- 15 ditional report required by section 5(b) of the Stop 16 Forced Organ Harvesting Act of 2021 as being re- 17 sponsible for forced organ harvesting or trafficking 18 in persons for purposes of the removal of organs. 19 ‘‘(2) COORDINATION WITH THE SECRETARY OF 20 COMMERCE.—The Secretary shall coordinate with 21 the Secretary of Commerce to ensure compliance 22 with paragraph (1).’’. 23 VerDate Sep 11 2014 22:21 Apr 18, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1592.IH H1592 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 1592 IH SEC. 8. IMPOSITION OF SANCTIONS WITH RESPECT TO 1 FORCED O [Text truncated for display. Full text available on Congress.gov.]