What This Bill Does
This bill aims to stop the forced removal of organs from people and the trafficking of people for organ removal. It gives the federal government tools to punish individuals and organizations involved in these crimes, including blocking their money and property and preventing them from entering the United States.
##
Who It Affects
- People convicted of organ trafficking or forced organ harvesting crimes
- Foreign government officials and organizations involved in these crimes
- Individuals seeking to enter the United States or get U.S. passports
- U.S. agencies that issue visas and passports
- The President and State Department
- Congress
##
Key Provisions
- The Secretary of State may refuse to issue a passport to or revoke a passport from anyone convicted of organ trafficking crimes if they used a passport or crossed a border while committing the crime (Sec. 4)
- The President must create a list within 180 days of people who fund, sponsor or help forced organ harvesting or organ trafficking (Sec. 6(a))
- The President must block all property and money belonging to people on the list if that property is in the United States or under U.S. control (Sec. 6(b)(1))
- People on the list cannot get U.S. visas or enter the country, and any existing visas are immediately canceled (Sec. 6(b)(2))
- Foreign assistance reports must include information about forced organ harvesting and organ trafficking in each foreign country (Sec. 5)
##
What Changes
If this law passes, the United States government gains power to punish people involved in organ trafficking by taking their money, blocking their property and preventing them from entering America. The State Department must report on organ trafficking in foreign countries. Courts can deny passports to people convicted of organ crimes.
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Important Definitions
- **Forced organ harvesting**: Removing one or more organs from a person through force, kidnapping, trickery, fraud or taking advantage of someone's weakness or powerless situation (Sec. 3(2))
- **Organ trafficking**: Recruiting, moving, transferring, hiding or receiving a person to remove their organs using force, kidnapping, trickery, fraud, taking advantage of weakness or paying someone who controls the person (Sec. 3(4))
- **Organ**: A human organ as defined in the National Organ Transplant Act (Sec. 3(3))
##
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 761
To combat forced organ harvesting and trafficking in persons for purposes
of the removal of organs, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 9, 2023
Mr. COTTON (for himself, Mr. COONS, Mr. CORNYN, Mr. MERKLEY, Mr.
TILLIS, Mr. KING, Mrs. BLACKBURN, Mr. BOOKER, Mr. YOUNG, Ms.
CORTEZ MASTO, Mr. HAGERTY, Mr. BRAUN, Mr. LANKFORD, Mr. RUBIO,
and Mr. GRASSLEY) introduced the following bill; which was read twice
and referred to the Committee on Foreign Relations
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 2023’’.
5
SEC. 2. STATEMENT OF POLICY.
6
It shall be the policy of the United States—
7
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•S 761 IS
(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;
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; and
10
(4) to hold accountable persons implicated, in-
11
cluding members of the Chinese Communist Party,
12
in forced organ harvesting and trafficking in persons
13
for purposes of the removal of organs.
14
SEC. 3. DEFINITIONS.
15
In this Act:
16
(1)
APPROPRIATE
COMMITTEES
OF
CON-
17
GRESS.—The term ‘‘appropriate committees of Con-
18
gress’’ means—
19
(A) the Committee on Foreign Relations
20
and the Committee on the Judiciary of the Sen-
21
ate; and
22
(B) the Committee on Foreign Affairs and
23
the Committee on the Judiciary of the House of
24
Representatives.
25
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•S 761 IS
(2) FORCED
ORGAN
HARVESTING.—The term
1
‘‘forced organ harvesting’’ means the removal of one
2
or more organs from a person by means of coercion,
3
abduction, deception, fraud, or abuse of power or a
4
position of vulnerability.
5
(3) ORGAN.—The term ‘‘organ’’ has the mean-
6
ing given the term ‘‘human organ’’ in section
7
301(c)(1) of the National Organ Transplant Act (42
8
U.S.C. 274e(c)(1)).
9
(4) TRAFFICKING IN PERSONS FOR PURPOSES
10
OF
THE
REMOVAL
OF
ORGANS.—The term ‘‘traf-
11
ficking in persons for purposes of the removal of or-
12
gans’’ means the recruitment, transportation, trans-
13
fer, harboring, or receipt of a person for the purpose
14
of removing one or more of such person’s organs, by
15
means of—
16
(A) coercion;
17
(B) abduction;
18
(C) deception;
19
(D) fraud;
20
(E) abuse of power or a position of vulner-
21
ability; or
22
(F) transfer of payments or benefits to
23
achieve the consent of a person having control
24
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•S 761 IS
over a person described in the matter preceding
1
subparagraph (A).
2
SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORTS.
3
(a) IN GENERAL.—The Secretary of State may
4
refuse to issue a passport to any individual who has been
5
convicted of an offense under section 301 of the National
6
Organ Transplant Act (42 U.S.C. 274e) and is subject
7
to imprisonment or parole or other supervised release as
8
the result of such conviction if such individual, in the com-
9
mission of such an offense, used a passport or crossed an
10
international border.
11
(b) REVOCATION.—The Secretary of State may re-
12
voke a passport previously issued to any individual de-
13
scribed in subsection (a).
14
SEC. 5. REPORTS ON FORCED ORGAN HARVESTING AND
15
TRAFFICKING IN PERSONS FOR PURPOSES
16
OF THE REMOVAL OF ORGANS IN FOREIGN
17
COUNTRIES.
18
The Foreign Assistance Act of 1961 (22 U.S.C. 2151
19
et seq.) is 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
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•S 761 IS
‘‘(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
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•S 761 IS
‘‘(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
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•S 761 IS
SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO
1
FORCED
ORGAN
HARVESTING
OR
TRAF-
2
FICKING IN PERSONS FOR PURPOSES OF THE
3
REMOVAL OF ORGANS.
4
(a) LIST REQUIRED.—Not later than 180 days after
5
the date of the enactment of this Act, the President shall
6
submit to the appropriate committees of Congress a list
7
of each person that the President determines funds, spon-
8
sors, or otherwise facilitates forced organ harvesting or
9
trafficking in persons for purposes of the removal of or-
10
gans.
11
(b) IMPOSITION OF SANCTIONS.—The President shall
12
impose the following sanctions with respect to a person
13
on the list required by subsection (a):
14
(1) PROPERTY BLOCKING.—The President shall
15
exercise all of the powers granted by the Inter-
16
national Emergency Economic Powers Act (50
17
U.S.C. 1701 et seq.) (except that the requirements
18
of section 202 of such Act (50 U.S.C. 1701) shall
19
not apply) to the extent necessary to block and pro-
20
hibit all transactions in all property and interests in
21
property of the person if such property and interests
22
in property are in the United States, come within
23
the United States, or are or come within the posses-
24
sion or control of a United States person.
25
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•S 761 IS
(2) ALIENS INADMISSIBLE FOR VISAS, ADMIS-
1
SION, OR PAROLE.—
2
(A) VISAS, ADMISSION, OR
PAROLE.—In
3
the case of an individual, that individual is—
4
(i) inadmissible to the United States;
5
(ii) ineligible to receive a visa or other
6
documentation to enter the United States;
7
and
8
(iii) otherwise ineligible to be admitted
9
or paroled into the United States or to re-
10
ceive any other benefit under the Immigra-
11
tion and Nationality Act (8 U.S.C. 1101 et
12
seq.).
13
(B) CURRENT VISAS REVOKED.—
14
(i) IN GENERAL.—The visa or other
15
entry documentation of the individual shall
16
be revoked, regardless of when such visa or
17
other entry documentation is or was
18
issued.
19
(ii) IMMEDIATE
EFFECT.—A revoca-
20
tion under clause (i) shall—
21
(I) take effect immediately; and
22
(II) automatically cancel any
23
other valid visa or entry documenta-
24
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•S 761 IS
tion that is in the individual’s posses-
1
sion.
2
(c) EXCEPTIONS.—
3
(1) EXCEPTION RELATING TO IMPORTATION OF
4
GOODS.—
5
(A) IN GENERAL.—The authorities and re-
6
quirements to impose sanctions under sub-
7
section (b)(1) shall not include the authority or
8
a requirement to impose sanctions on the im-
9
portation of goods.
10
(B) GOOD DEFINED.—In this paragraph,
11
the term ‘‘good’’ means any article, natural or
12
manmade substance, material, supply or manu-
13
factured product, including inspection and test
14
equipment, and excluding technical data.
15
(2) EXCEPTION
TO
COMPLY
WITH
INTER-
16
NATIONAL
OBLIGATIONS.—Subsection (b)(2) shall
17
not apply to the admission of an individual if the ad-
18
mission of the individual is necessary to comply with
19
United States obligations under the Agreement be-
20
tween the United Nations and the United States of
21
America regarding the Headquarters of the United
22
Nations, signed at Lake Success June 26, 1947, and
23
entered into force November 21, 1947, under the
24
Convention on Consular Relations, done at Vienna
25
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•S 761 IS
April 24, 1963, and entered into force March 19,
1
1967, or under other applicable international agree-
2
ments or treaties.
3
(3) EXCEPTION RELATING TO THE PROVISION
4
OF
HUMANITARIAN
ASSISTANCE.—Sanctions under
5
this section may not be imposed with respect to
6
transactions or the facilitation of transactions—
7
(A) for the sale of agricultural commod-
8
ities, food, or medicine;
9
(B) for the provision of vital humanitarian
10
assistance;
11
(C) relating to vital humanitarian assist-
12
ance or for vital humanitarian purposes; or
13
(D) for transporting goods or services that
14
are necessary to carry out operations relating to
15
vital humanitarian assistance.
16
(4) WAIVER.—The President may, on a case-
17
by-case basis and for periods not to exceed 180 days
18
each, waive the application of sanctions imposed
19
with respect to a person under this section if the
20
President certifies to the appropriate committees of
21
Congress not later than 15 days before such waiver
22
is to take effect that the waiver is vital to the na-
23
tional security interests of the United States.
24
(d) IMPLEMENTATION; PENALTIES.—
25
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•S 761 IS
(1) IMPLEMENTATION.—The President may ex-
1
ercise all authorities provided under sections 203
2
and 205 of the International Emergency Economic
3
Powers Act (50 U.S.C. 1702 and 1704) to carry out
4
this section.
5
(2) PENALTIES.—A person that violates, at-
6
tempts to violate, conspires to violate, or causes a
7
violation of this section or any regulation, license, or
8
order issued to carry out this section shall be subject
9
to the penalties set forth in subsections (b) and (c)
10
of section 206 of the International Emergency Eco-
11
nomic Powers Act (50 U.S.C. 1705) to the same ex-
12
tent as a person that commits an unlawful act de-
13
scribed in subsection (a) of that section.
14
(e) DEFINITIONS.—In this section:
15
(1) PERSON.—The term ‘‘person’’—
16
(A) means an individual or entity; and
17
(B) includes a non-state actor (as such
18
term is defined in section 3 of the International
19
Religious Freedom Act of 1998 (22 U.S.C.
20
6402)).
21
(2)
UNITED
STATES
PERSON.—The
term
22
‘‘United States person’’ means—
23
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•S 761 IS
(A) a United States citizen or an alien law-
1
fully admitted for permanent residence to the
2
United States; or
3
(B) an entity organized under the laws of
4
the United States or any jurisdiction within the
5
United States, including a foreign branch of
6
such an entity.
7
Æ
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