What This Bill Does
This bill aims to combat the illegal removal and trafficking of human organs worldwide. It establishes U.S. policy to fight international organ trafficking, promote voluntary organ donation systems, and hold accountable those involved in forced organ harvesting, including members of the Chinese Communist Party.
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Who It Affects
- Individuals and organizations that fund, sponsor, or facilitate forced organ harvesting or organ trafficking
- Foreign nationals subject to U.S. sanctions
- The U.S. State Department (responsible for implementing sanctions and denying passports)
- The President (required to create lists and impose sanctions)
- Foreign countries whose practices will be assessed in reports
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Key Provisions
- The Secretary of State may deny passports to people convicted of organ trafficking crimes and may revoke previously issued passports if they used a passport to commit the crime. (Sec. 4)
- The President must create a list of people who fund, sponsor, or facilitate forced organ harvesting within 180 days of the law taking effect. (Sec. 6(a))
- The President must block all property and financial transactions of listed individuals within the United States. (Sec. 6(b)(1))
- Listed individuals become ineligible for U.S. visas and entry to the United States, and existing visas are immediately revoked. (Sec. 6(b)(2))
- The State Department must include assessments of forced organ harvesting in foreign countries in required reports to Congress. (Sec. 5)
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What Changes
The law creates new tools to punish organ trafficking. Sanctions now include blocking finances and property, refusing entry to the United States, and revoking visas. Federal reports to Congress must now evaluate forced organ harvesting in every foreign country. The government can deny or revoke passports for people convicted of organ trafficking crimes.
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Important Definitions
- **Forced organ harvesting**: The removal of one or more organs from a person through coercion, abduction, deception, fraud, or abuse of power or vulnerability. (Sec. 3(2))
- **Trafficking in persons for organ removal**: Recruiting, transporting, transferring, harboring, or receiving a person to remove their organs using coercion, abduction, deception, fraud, abuse of power, vulnerability, or payments to gain consent. (Sec. 3(4))
- **Organ**: A human organ as defined in the National Organ Transplant Act. (Sec. 3(3))
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Effective Date
Not specified in bill text
IIB
118TH CONGRESS
1ST SESSION H. R. 1154
IN THE SENATE OF THE UNITED STATES
MARCH 28, 2023
Received; read twice and referred to the Committee on Foreign Relations
AN ACT
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
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SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Stop Forced Organ
2
Harvesting Act of 2023’’.
3
SEC. 2. STATEMENT OF POLICY.
4
It shall be the policy of the United States—
5
(1) to combat international trafficking in per-
6
sons for purposes of the removal of organs;
7
(2) to promote the establishment of voluntary
8
organ donation systems with effective enforcement
9
mechanisms in bilateral diplomatic meetings and in
10
international health forums;
11
(3) to promote the dignity and security of
12
human life in accordance with the Universal Dec-
13
laration of Human Rights, adopted on December 10,
14
1948; and
15
(4) to hold accountable persons implicated, in-
16
cluding members of the Chinese Communist Party,
17
in forced organ harvesting and trafficking in persons
18
for purposes of the removal of organs.
19
SEC. 3. DEFINITIONS.
20
In this Act:
21
(1)
APPROPRIATE
COMMITTEES
OF
CON-
22
GRESS.—The term ‘‘appropriate committees of Con-
23
gress’’ means—
24
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HR 1154 RFS
(A) the Committee on Foreign Relations
1
and the Committee on the Judiciary of the Sen-
2
ate; and
3
(B) the Committee on Foreign Affairs and
4
the Committee on the Judiciary of the House of
5
Representatives.
6
(2) FORCED
ORGAN
HARVESTING.—The term
7
‘‘forced organ harvesting’’ means the removal of one
8
or more organs from a person by means of coercion,
9
abduction, deception, fraud, or abuse of power or a
10
position of vulnerability.
11
(3) ORGAN.—The term ‘‘organ’’ has the mean-
12
ing given the term ‘‘human organ’’ in section
13
301(c)(1) of the National Organ Transplant Act (42
14
U.S.C. 274e(c)(1)).
15
(4) TRAFFICKING IN PERSONS FOR PURPOSES
16
OF
THE
REMOVAL
OF
ORGANS.—The term ‘‘traf-
17
ficking in persons for purposes of the removal of or-
18
gans’’ means the recruitment, transportation, trans-
19
fer, harboring, or receipt of a person for the purpose
20
of removing one or more of such person’s organs, by
21
means of—
22
(A) coercion;
23
(B) abduction;
24
(C) deception;
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(D) fraud;
1
(E) abuse of power or a position of vulner-
2
ability; or
3
(F) transfer of payments or benefits to
4
achieve the consent of a person having control
5
over a person described in the matter preceding
6
subparagraph (A).
7
SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORTS.
8
(a) IN GENERAL.—The Secretary of State may
9
refuse to issue a passport to any individual who has been
10
convicted of an offense under section 301 of the National
11
Organ Transplant Act (42 U.S.C. 274e) and is subject
12
to imprisonment or parole or other supervised release as
13
the result of such conviction if such individual, in the com-
14
mission of such an offense, used a passport or crossed an
15
international border.
16
(b) REVOCATION.—The Secretary of State may re-
17
voke a passport previously issued to any individual de-
18
scribed in subsection (a).
19
SEC. 5. REPORTS ON FORCED ORGAN HARVESTING AND
20
TRAFFICKING IN PERSONS FOR PURPOSES
21
OF THE REMOVAL OF ORGANS IN FOREIGN
22
COUNTRIES.
23
The Foreign Assistance Act of 1961 (22 U.S.C. 2151
24
et seq.) is amended—
25
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(1) in section 116 (22 U.S.C. 2151n), by add-
1
ing at the end the following:
2
‘‘(h) FORCED
ORGAN
HARVESTING
AND
TRAF-
3
FICKING IN PERSONS FOR PURPOSES OF THE REMOVAL
4
OF ORGANS.—
5
‘‘(1) IN
GENERAL.—The report required by
6
subsection (d) shall include an assessment of forced
7
organ harvesting and trafficking in persons for pur-
8
poses of the removal of organs in each foreign coun-
9
try.
10
‘‘(2) DEFINITIONS.—In this subsection:
11
‘‘(A) FORCED ORGAN HARVESTING.—The
12
term ‘forced organ harvesting’ means the re-
13
moval of one or more organs from a person by
14
means of coercion, abduction, deception, fraud,
15
or abuse of power or a position of vulnerability.
16
‘‘(B) ORGAN.—The term ‘organ’ has the
17
meaning given the term ‘human organ’ in sec-
18
tion 301(c)(1) of the National Organ Trans-
19
plant Act (42 U.S.C. 274e(c)(1)).
20
‘‘(C) TRAFFICKING IN PERSONS FOR PUR-
21
POSES
OF
THE
REMOVAL
OF
ORGANS.—The
22
term ‘trafficking in persons for purposes of the
23
removal of organs’ means the recruitment,
24
transportation, transfer, harboring, or receipt of
25
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HR 1154 RFS
a person for the purpose of removing one or
1
more of such person’s organs, by means of—
2
‘‘(i) coercion;
3
‘‘(ii) abduction;
4
‘‘(iii) deception;
5
‘‘(iv) fraud;
6
‘‘(v) abuse of power or a position of
7
vulnerability; or
8
‘‘(vi) transfer of payments or benefits
9
to achieve the consent of a person having
10
control over a person described in the mat-
11
ter preceding clause (i).’’; and
12
(2) in section 502B (22 U.S.C. 2304)—
13
(A) by redesignating the second subsection
14
(i) (relating to child marriage status) as sub-
15
section (j); and
16
(B) by adding at the end the following:
17
‘‘(k) FORCED
ORGAN
HARVESTING
AND
TRAF-
18
FICKING IN PERSONS FOR PURPOSES OF THE REMOVAL
19
OF ORGANS.—
20
‘‘(1) IN
GENERAL.—The report required by
21
subsection (b) shall include an assessment of forced
22
organ harvesting and trafficking in persons for pur-
23
poses of the removal of organs in each foreign coun-
24
try.
25
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‘‘(2) DEFINITIONS.—In this subsection, the
1
terms ‘forced organ harvesting’, ‘organ’, and ‘traf-
2
ficking in persons for purposes of the removal of or-
3
gans’ have the meanings given those terms in section
4
116(h)(2).’’.
5
SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO
6
FORCED
ORGAN
HARVESTING
OR
TRAF-
7
FICKING IN PERSONS FOR PURPOSES OF THE
8
REMOVAL OF ORGANS.
9
(a) LIST REQUIRED.—Not later than 180 days after
10
the date of the enactment of this Act, the President shall
11
submit to the appropriate committees of Congress a list
12
of each person that the President determines funds, spon-
13
sors, or otherwise facilitates forced organ harvesting or
14
trafficking in persons for purposes of the removal of or-
15
gans.
16
(b) IMPOSITION OF SANCTIONS.—The President shall
17
impose the following sanctions with respect to a person
18
on the list required by subsection (a):
19
(1) PROPERTY BLOCKING.—The President shall
20
exercise all of the powers granted by the Inter-
21
national Emergency Economic Powers Act (50
22
U.S.C. 1701 et seq.) (except that the requirements
23
of section 202 of such Act (50 U.S.C. 1701) shall
24
not apply) to the extent necessary to block and pro-
25
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HR 1154 RFS
hibit all transactions in all property and interests in
1
property of the person if such property and interests
2
in property are in the United States, come within
3
the United States, or are or come within the posses-
4
sion or control of a United States person.
5
(2) ALIENS INADMISSIBLE FOR VISAS, ADMIS-
6
SION, OR PAROLE.—
7
(A) VISAS, ADMISSION, OR
PAROLE.—In
8
the case of an individual, that individual is—
9
(i) inadmissible to the United States;
10
(ii) ineligible to receive a visa or other
11
documentation to enter the United States;
12
and
13
(iii) otherwise ineligible to be admitted
14
or paroled into the United States or to re-
15
ceive any other benefit under the Immigra-
16
tion and Nationality Act (8 U.S.C. 1101 et
17
seq.).
18
(B) CURRENT VISAS REVOKED.—
19
(i) IN GENERAL.—The visa or other
20
entry documentation of the individual shall
21
be revoked, regardless of when such visa or
22
other entry documentation is or was
23
issued.
24
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HR 1154 RFS
(ii) IMMEDIATE
EFFECT.—A revoca-
1
tion under clause (i) shall—
2
(I) take effect immediately; and
3
(II) automatically cancel any
4
other valid visa or entry documenta-
5
tion that is in the individual’s posses-
6
sion.
7
(c) EXCEPTIONS.—
8
(1) EXCEPTION RELATING TO IMPORTATION OF
9
GOODS.—
10
(A) IN GENERAL.—The authorities and re-
11
quirements to impose sanctions under sub-
12
section (b)(1) shall not include the authority or
13
a requirement to impose sanctions on the im-
14
portation of goods.
15
(B) GOOD DEFINED.—In this paragraph,
16
the term ‘‘good’’ means any article, natural or
17
manmade substance, material, supply or manu-
18
factured product, including inspection and test
19
equipment, and excluding technical data.
20
(2) EXCEPTION
TO
COMPLY
WITH
INTER-
21
NATIONAL
OBLIGATIONS.—Subsection (b)(2) shall
22
not apply to the admission of an individual if the ad-
23
mission of the individual is necessary to comply with
24
United States obligations under the Agreement be-
25
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HR 1154 RFS
tween the United Nations and the United States of
1
America regarding the Headquarters of the United
2
Nations, signed at Lake Success June 26, 1947, and
3
entered into force November 21, 1947, under the
4
Convention on Consular Relations, done at Vienna
5
April 24, 1963, and entered into force March 19,
6
1967, or under other applicable international agree-
7
ments or treaties.
8
(3) EXCEPTION RELATING TO THE PROVISION
9
OF
HUMANITARIAN
ASSISTANCE.—Sanctions under
10
this section may not be imposed with respect to
11
transactions or the facilitation of transactions for—
12
(A) the sale of agricultural commodities,
13
food, or medicine;
14
(B) the provision of vital humanitarian as-
15
sistance;
16
(C) financial transactions relating to vital
17
humanitarian assistance or for vital humani-
18
tarian purposes; or
19
(D) transporting goods or services that are
20
necessary to carry out operations relating to
21
vital humanitarian assistance.
22
(4) WAIVER.—The President may, on a case-
23
by-case basis and for periods not to exceed 180 days
24
each, waive the application of sanctions or restric-
25
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HR 1154 RFS
tions imposed with respect to a person under this
1
section if the President certifies to the appropriate
2
committees of Congress not later than 15 days be-
3
fore such waiver is to take effect that the waiver is
4
vital to the national security interests of the United
5
States.
6
(d) IMPLEMENTATION; PENALTIES.—
7
(1) IMPLEMENTATION.—The President may ex-
8
ercise all authorities provided under sections 203
9
and 205 of the International Emergency Economic
10
Powers Act (50 U.S.C. 1702 and 1704) to carry out
11
this section.
12
(2) PENALTIES.—A person that violates, at-
13
tempts to violate, conspires to violate, or causes a
14
violation of this section or any regulation, license, or
15
order issued to carry out this section shall be subject
16
to the penalties set forth in subsections (b) and (c)
17
of section 206 of the International Emergency Eco-
18
nomic Powers Act (50 U.S.C. 1705) to the same ex-
19
tent as a person that commits an unlawful act de-
20
scribed in subsection (a) of that section.
21
(e) DEFINITIONS.—In this section—
22
(1) the term ‘‘person’’—
23
(A) means an individual or entity; and
24
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(B) includes a non-state actor (as such
1
term is defined in Public Law 114–281); and
2
(2) the term ‘‘United States person’’ means—
3
(A) a United States citizen or an alien law-
4
fully admitted for permanent residence to the
5
United States; or
6
(B) an entity organized under the laws of
7
the United States or any jurisdiction within the
8
United States, including a foreign branch of
9
such an entity.
10
Passed the House of Representatives March 27,
2023.
Attest:
CHERYL L. JOHNSON,
Clerk.
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