Stop Forced Organ Harvesting Act of 2020

II 116TH CONGRESS 2D SESSION S. 5016 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 DECEMBER 15, 2020 Mr. COTTON 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 2020’’. 5 SEC. 2. STATEMENT OF POLICY. 6 It shall be the policy of the United States— 7 (1) to combat international trafficking in per- 8 sons for purposes of the removal of organs; 9 VerDate Sep 11 2014 23:45 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5016.IS S5016 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 5016 IS (2) to promote the establishment of voluntary 1 organ donation systems with effective enforcement 2 mechanisms in bilateral diplomatic meetings and in 3 international health forums; and 4 (3) to promote the dignity and security of 5 human life in accordance with the Universal Dec- 6 laration of Human Rights, adopted on December 10, 7 1948. 8 SEC. 3. DEFINITIONS. 9 In this Act: 10 (1) APPROPRIATE COMMITTEES OF CON- 11 GRESS.—The term ‘‘appropriate committees of Con- 12 gress’’ means— 13 (A) the Committee on Foreign Relations of 14 the Senate; and 15 (B) the Committee on Foreign Affairs of 16 the House of Representatives. 17 (2) FORCED ORGAN HARVESTING.—The term 18 ‘‘forced organ harvesting’’ means the removal of one 19 or more organs from a person by means of coercion, 20 abduction, deception, fraud, or abuse of power or a 21 position of vulnerability. 22 (3) ORGAN.—The term ‘‘organ’’ has the mean- 23 ing given the term ‘‘human organ’’ in section 24 VerDate Sep 11 2014 23:45 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5016.IS S5016 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 5016 IS 301(c)(1) of the National Organ Transplant Act (42 1 U.S.C. 274e(c)(1)). 2 (4) TRAFFICKING IN PERSONS FOR PURPOSES 3 OF THE REMOVAL OF ORGANS.—The term ‘‘traf- 4 ficking in persons for purposes of the removal of or- 5 gans’’ means the recruitment, transportation, trans- 6 fer, harboring, or receipt of a person for the purpose 7 of removing one or more of such person’s organs, by 8 means of— 9 (A) coercion; 10 (B) abduction; 11 (C) deception; 12 (D) fraud; 13 (E) abuse of power or a position of vulner- 14 ability; or 15 (F) transfer of payments or benefits to 16 achieve the consent of a person having control 17 over a person described in the matter preceding 18 subparagraph (A). 19 SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORTS. 20 Section 4076 of the Revised Statutes (22 U.S.C. 212) 21 is amended— 22 (1) by inserting ‘‘(a)’’ before ‘‘No passport’’; 23 and 24 (2) by adding at the end the following: 25 VerDate Sep 11 2014 23:45 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5016.IS S5016 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 5016 IS ‘‘(b)(1) The Secretary of State may refuse to issue 1 a passport to any individual who has been convicted of 2 an offense under section 301 of the National Organ 3 Transplant Act (42 U.S.C. 274e) if such individual, in the 4 commission of such an offense, used a passport or crossed 5 an international border. 6 ‘‘(2) The Secretary of State may revoke a passport 7 previously issued to any individual described in paragraph 8 (1).’’. 9 SEC. 5. REPORTS ON FORCED ORGAN HARVESTING AND 10 TRAFFICKING IN PERSONS FOR PURPOSES 11 OF THE REMOVAL OF ORGANS IN FOREIGN 12 COUNTRIES. 13 (a) INCLUSION OF INFORMATION IN ANNUAL COUN- 14 TRY REPORTS ON HUMAN RIGHTS PRACTICES.—The For- 15 eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is 16 amended— 17 (1) in section 116 (22 U.S.C. 2151n), by add- 18 ing at the end the following: 19 ‘‘(h) FORCED ORGAN HARVESTING AND TRAF- 20 FICKING IN PERSONS FOR PURPOSES OF THE REMOVAL 21 OF ORGANS.— 22 ‘‘(1) IN GENERAL.—The report required by 23 subsection (d) shall include an assessment of forced 24 organ harvesting and trafficking in persons for pur- 25 VerDate Sep 11 2014 23:45 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5016.IS S5016 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 5016 IS poses of the removal of organs in each foreign coun- 1 try. 2 ‘‘(2) DEFINITIONS.—In this subsection: 3 ‘‘(A) FORCED ORGAN HARVESTING.—The 4 term ‘forced organ harvesting’ means the re- 5 moval of one or more organs from a person by 6 means of coercion, abduction, deception, fraud, 7 or abuse of power or a position of vulnerability. 8 ‘‘(B) ORGAN.—The term ‘organ’ has the 9 meaning given the term ‘human organ’ in sec- 10 tion 301(c)(1) of the National Organ Trans- 11 plant Act (42 U.S.C. 274e(c)(1)). 12 ‘‘(C) TRAFFICKING IN PERSONS FOR PUR- 13 POSES OF THE REMOVAL OF ORGANS.—The 14 term ‘trafficking in persons for purposes of the 15 removal of organs’ means the recruitment, 16 transportation, transfer, harboring, or receipt of 17 a person for the purpose of removing one or 18 more of such person’s organs, by means of— 19 ‘‘(i) coercion; 20 ‘‘(ii) abduction; 21 ‘‘(iii) deception; 22 ‘‘(iv) fraud; 23 ‘‘(v) abuse of power or a position of 24 vulnerability; or 25 VerDate Sep 11 2014 23:45 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5016.IS S5016 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 5016 IS ‘‘(vi) transfer of payments or benefits 1 to achieve the consent of a person having 2 control over a person described in the mat- 3 ter preceding clause (i).’’; and 4 (2) in section 502B (22 U.S.C. 2304)— 5 (A) by redesignating the second subsection 6 (i) (relating to child marriage status) as sub- 7 section (j); and 8 (B) by adding at the end the following: 9 ‘‘(k) FORCED ORGAN HARVESTING AND TRAF- 10 FICKING IN PERSONS FOR PURPOSES OF THE REMOVAL 11 OF ORGANS.— 12 ‘‘(1) IN GENERAL.—The report required by 13 subsection (b) shall include an assessment of forced 14 organ harvesting and trafficking in persons for pur- 15 poses of the removal of organs in each foreign coun- 16 try. 17 ‘‘(2) DEFINITIONS.—In this subsection, the 18 terms ‘forced organ harvesting’, ‘organ’, and ‘traf- 19 ficking in persons for purposes of the removal of or- 20 gans’ have the meanings given those terms in section 21 116(h)(2).’’. 22 (b) ADDITIONAL REPORTS.— 23 (1) IN GENERAL.—Not later than 30 days after 24 the date on which each annual report required by 25 VerDate Sep 11 2014 23:45 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5016.IS S5016 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 5016 IS sections 116 and 502B of the Foreign Assistance 1 Act of 1961 (22 U.S.C. 2151n, 2304), as amended 2 by subsection (a), is submitted, the Assistant Sec- 3 retary of State for Democracy, Human Rights, and 4 Labor (in this subsection referred to as the ‘‘Assist- 5 ant Secretary’’), shall submit to the appropriate 6 committees of Congress a report that includes the 7 following: 8 (A) With respect to each foreign country, 9 an identification of any agencies, instrumental- 10 ities, or officials of the country that are respon- 11 sible for forced organ harvesting or trafficking 12 in persons for purposes of the removal of or- 13 gans. 14 (B) A tiered ranking described in para- 15 graph (2). 16 (2) TIERED RANKING.—The tiered ranking de- 17 scribed in this paragraph is a tiered ranking of all 18 foreign countries as follows: 19 (A) TIER 1 COUNTRIES.—The Assistant 20 Secretary shall designate a country as tier 1 if 21 the country has low levels of forced organ har- 22 vesting or trafficking in persons for purposes of 23 the removal of organs and the government of 24 VerDate Sep 11 2014 23:45 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5016.IS S5016 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 5016 IS such country is making significant efforts to 1 combat those practices. 2 (B) TIER 2 COUNTRIES.—The Assistant 3 Secretary shall designate a country as tier 2 if 4 the country has— 5 (i) low or intermediate levels of forced 6 organ harvesting or trafficking in persons 7 for purposes of the removal of organs and 8 the government of such country is not 9 making significant efforts to combat those 10 practices; or 11 (ii) intermediate levels of forced organ 12 harvesting or trafficking in persons for 13 purposes of the removal of organs and the 14 government of such country is making sig- 15 nificant efforts to combat those practices. 16 (C) TIER 3 COUNTRIES.—The Assistant 17 Secretary shall designate a country as tier 3 18 if— 19 (i) the country has high levels of 20 forced organ harvesting or trafficking in 21 persons for purposes of the removal of or- 22 gans; or 23 (ii) the government of such country is 24 directly or indirectly supporting forced 25 VerDate Sep 11 2014 23:45 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S5016.IS S5016 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 5016 IS organ harvesting or trafficking in persons 1 for purposes of the removal of organs. 2 (3) FORM.—The report required by this sub- 3 section shall be submitted in unclassified form. 4 (c) INTERIM REPORTS.—In addition to the annual re- 5 ports required by sections 116 and 502B of the Foreign 6 Assistance Act of 1961 (22 U.S.C. 2151n, 2304), as 7 amended by subsection (a), the Secretary of State may 8 submit to the appropriate committees of Congress at any 9 time one or more interim reports with respect to the status 10 of forced organ harvesting and trafficking in persons for 11 purposes of the removal of organs in foreign countries, in- 12 cluding information about countries whose governments 13 have begun or ceased to make significant efforts to combat 14 those practices since the date on which the most recent 15 annual report was submitted under such sections. 16 (d) CONSIDERATION OF SIGNIFICANT EFFORTS.—In 17 determining whether the government of a country is mak- 18 ing significant efforts to combat forced organ harvesting 19 and trafficking in persons for purposes of the removal of 20 organs under subsections (b) and (c), the Secretary of 21 State shall consider— 22 (1) the extent to which the country is a country 23 of origin, transit, or destination for forced organ 24 VerDate Sep 11 2014 23:45 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S5016.IS S5016 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 5016 IS harvesting and trafficking in persons for purposes of 1 the removal of organs; 2 (2) the extent of efforts by the government to 3 combat forced organ harvesting and trafficking in 4 persons for purposes of the removal of organs, and, 5 particularly, the extent to which officials or employ- 6 ees of the government have participated in, facili- 7 tated, or condoned, or are otherwise complicit in, 8 those practices; and 9 (3) the measures that would be reasonable for 10 the government to combat forced organ harvesting 11 and trafficking in persons for purposes of the re- 12 moval of organs, considering the resources and capa- 13 bilities of the government. 14 SEC. 6. REPORT ON UNITED STATES MEDICAL AND EDU- 15 CATIONAL INSTITUTIONS AT WHICH ORGAN 16 TRANSPLANT SURGEONS FROM TIER 3 COUN- 17 TRIES ARE TRAINED. 18 (a) IN GENERAL.—Not later than 180 days after the 19 date on which each annual report required by sections 116 20 and 502B of the Foreign Assistance Act of 1961 (22 21 U.S.C. 2151n, 2304), as amended by section 5(a), is sub- 22 mitted, the Secretary of State, in consultation with the 23 Secretary of Health and Human Services, shall submit to 24 Congress a report on medical and educational institutions 25 VerDate Sep 11 2014 23:45 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S5016.IS S5016 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 5016 IS and other entities in the United States at which organ 1 transplant surgeons are trained. 2 (b) ELEMENTS.— 3 (1) IN GENERAL.—Each report required by 4 subsection (a) shall include an identification of each 5 medical or educational institution or other entity in 6 the United States at which one or more organ trans- 7 plant surgeons described in paragraph (2) are 8 trained as of the date on which the report is sub- 9 mitted. 10 (2) ORGAN TRANSPLANT SURGEON DE- 11 SCRIBED.—An organ transplant surgeon described 12 in this paragraph is an organ transplant surgeon 13 who— 14 (A) as of the date on which the report re- 15 quired by subsection (a) is submitted, is em- 16 ployed by or affiliated with an agency or instru- 17 mentality identified in the most recent addi- 18 tional report required by section 5(b) as being 19 responsible for forced organ harvesting or traf- 20 ficking in persons for purposes of the removal 21 of organs; and 22 (B) is a citizen or national of a country 23 designated as a tier 3 country in the most re- 24 cent additional report required by section 5(b). 25 VerDate Sep 11 2014 23:45 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S5016.IS S5016 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 5016 IS SEC. 7. PROHIBITION ON THE EXPORT OF ORGAN TRANS- 1 PLANT SURGERY DEVICES TO CERTAIN ENTI- 2 TIES. 3 Section 801 of the Federal Food, Drug, and Cosmetic 4 Act (21 U.S.C. 381) is amended by adding at the end the 5 following: 6 ‘‘(v) PROHIBITION ON EXPORT OF ORGAN TRANS- 7 PLANT SURGERY DEVICES TO CERTAIN ENTITIES.— 8 ‘‘(1) IN GENERAL.—Notwithstanding any other 9 provision of this Act, a device that is intended for 10 use in organ transplant surgery may not be exported 11 to any entity that is identified in the most recent ad- 12 ditional report required by section 5(b) of the Stop 13 Forced Organ Harvesting Act of 2020 as being re- 14 sponsible for forced organ harvesting or trafficking 15 in persons for purposes of the removal of organs. 16 ‘‘(2) COORDINATION WITH THE SECRETARY OF 17 COMMERCE.—The Secretary shall coordinate with 18 the Secretary of Commerce to ensure compliance 19 with paragraph (1).’’. 20 VerDate Sep 11 2014 23:45 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S5016.IS S5016 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 5016 IS SEC. 8. IMPOSITION OF SANCTIONS WITH RESPECT TO 1 FORCED ORGAN HARVESTING OR TRAF- 2 FICKING IN PERSONS FOR PURPOSES OF THE 3 REMOVAL OF ORGANS FACILITATED BY TIER 4 3 COUNTRIES. 5 (a) LIST REQUIRED.—Not later than 180 days after 6 the date on which each annual report required by sections 7 116 and 502B of the Foreign Assistance Act of 1961 (22 8 U.S. [Text truncated for display. Full text available on Congress.gov.]