Stop Forced Organ Harvesting Act of 2023
This bill establishes specified measures to combat forced organ harvesting and the international trafficking in persons for the purpose of removing their organs. These measures include (1) establishing property-blocking and visa-blocking sanctions, and (2) requiring the Department of State to report on these practices.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 761 Introduced in Senate (IS)]
<DOC>
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Forced Organ Harvesting Act of
2023''.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to combat international trafficking in persons for
purposes of the removal of organs;
(2) to promote the establishment of voluntary organ
donation systems with effective enforcement mechanisms in
bilateral diplomatic meetings and in international health
forums;
(3) to promote the dignity and security of human life in
accordance with the Universal Declaration of Human Rights,
adopted on December 10, 1948; and
(4) to hold accountable persons implicated, including
members of the Chinese Communist Party, in forced organ
harvesting and trafficking in persons for purposes of the
removal of organs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Foreign Relations and the
Committee on the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on the Judiciary of the House of
Representatives.
(2) Forced organ harvesting.--The term ``forced organ
harvesting'' means the removal of one or more organs from a
person by means of coercion, abduction, deception, fraud, or
abuse of power or a position of vulnerability.
(3) Organ.--The term ``organ'' has the meaning given the
term ``human organ'' in section 301(c)(1) of the National Organ
Transplant Act (42 U.S.C. 274e(c)(1)).
(4) Trafficking in persons for purposes of the removal of
organs.--The term ``trafficking in persons for purposes of the
removal of organs'' means the recruitment, transportation,
transfer, harboring, or receipt of a person for the purpose of
removing one or more of such person's organs, by means of--
(A) coercion;
(B) abduction;
(C) deception;
(D) fraud;
(E) abuse of power or a position of vulnerability;
or
(F) transfer of payments or benefits to achieve the
consent of a person having control over a person
described in the matter preceding subparagraph (A).
SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORTS.
(a) In General.--The Secretary of State may refuse to issue a
passport to any individual who has been convicted of an offense under
section 301 of the National Organ Transplant Act (42 U.S.C. 274e) and
is subject to imprisonment or parole or other supervised release as the
result of such conviction if such individual, in the commission of such
an offense, used a passport or crossed an international border.
(b) Revocation.--The Secretary of State may revoke a passport
previously issued to any individual described in subsection (a).
SEC. 5. REPORTS ON FORCED ORGAN HARVESTING AND TRAFFICKING IN PERSONS
FOR PURPOSES OF THE REMOVAL OF ORGANS IN FOREIGN
COUNTRIES.
The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended--
(1) in section 116 (22 U.S.C. 2151n), by adding at the end
the following:
``(h) Forced Organ Harvesting and Trafficking in Persons for
Purposes of the Removal of Organs.--
``(1) In general.--The report required by subsection (d)
shall include an assessment of forced organ harvesting and
trafficking in persons for purposes of the removal of organs in
each foreign country.
``(2) Definitions.--In this subsection:
``(A) Forced organ harvesting.--The term `forced
organ harvesting' means the removal of one or more
organs from a person by means of coercion, abduction,
deception, fraud, or abuse of power or a position of
vulnerability.
``(B) Organ.--The term `organ' has the meaning
given the term `human organ' in section 301(c)(1) of
the National Organ Transplant Act (42 U.S.C.
274e(c)(1)).
``(C) Trafficking in persons for purposes of the
removal of organs.--The term `trafficking in persons
for purposes of the removal of organs' means the
recruitment, transportation, transfer, harboring, or
receipt of a person for the purpose of removing one or
more of such person's organs, by means of--
``(i) coercion;
``(ii) abduction;
``(iii) deception;
``(iv) fraud;
``(v) abuse of power or a position of
vulnerability; or
``(vi) transfer of payments or benefits to
achieve the consent of a person having control
over a person described in the matter preceding
clause (i).''; and
(2) in section 502B (22 U.S.C. 2304)--
(A) by redesignating the second subsection (i)
(relating to child marriage status) as subsection (j);
and
(B) by adding at the end the following:
``(k) Forced Organ Harvesting and Trafficking in Persons for
Purposes of the Removal of Organs.--
``(1) In general.--The report required by subsection (b)
shall include an assessment of forced organ harvesting and
trafficking in persons for purposes of the removal of organs in
each foreign country.
``(2) Definitions.--In this subsection, the terms `forced
organ harvesting', `organ', and `trafficking in persons for
purposes of the removal of organs' have the meanings given
those terms in section 116(h)(2).''.
SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO FORCED ORGAN HARVESTING
OR TRAFFICKING IN PERSONS FOR PURPOSES OF THE REMOVAL OF
ORGANS.
(a) List Required.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the appropriate
committees of Congress a list of each person that the President
determines funds, sponsors, or otherwise facilitates forced organ
harvesting or trafficking in persons for purposes of the removal of
organs.
(b) Imposition of Sanctions.--The President shall impose the
following sanctions with respect to a person on the list required by
subsection (a):
(1) Property blocking.--The President shall exercise all of
the powers granted by the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) (except that the
requirements of section 202 of such Act (50 U.S.C. 1701) shall
not apply) to the extent necessary to block and prohibit all
transactions in all property and interests in property of the
person if such property and interests in property are in the
United States, come within the United States, or are or come
within the possession or control of a United States person.
(2) Aliens inadmissible for visas, admission, or parole.--
(A) Visas, admission, or parole.--In the case of an
individual, that individual is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry
documentation of the individual shall be
revoked, regardless of when such visa or other
entry documentation is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the individual's possession.
(c) Exceptions.--
(1) Exception relating to importation of goods.--
(A) In general.--The authorities and requirements
to impose sanctions under subsection (b)(1) shall not
include the authority or a requirement to impose
sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or manmade
substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
(2) Exception to comply with international obligations.--
Subsection (b)(2) shall not apply to the admission of an
individual if the admission of the individual is necessary to
comply with United States obligations under the Agreement
between the United Nations and the United States of America
regarding the Headquarters of the United Nations, signed at
Lake Success June 26, 1947, and entered into force November 21,
1947, under the Convention on Consular Relations, done at
Vienna April 24, 1963, and entered into force March 19, 1967,
or under other applicable international agreements or treaties.
(3) Exception relating to the provision of humanitarian
assistance.--Sanctions under this section may not be imposed
with respect to transactions or the facilitation of
transactions--
(A) for the sale of agricultural commodities, food,
or medicine;
(B) for the provision of vital humanitarian
assistance;
(C) relating to vital humanitarian assistance or
for vital humanitarian purposes; or
(D) for transporting goods or services that are
necessary to carry out operations relating to vital
humanitarian assistance.
(4) Waiver.--The President may, on a case-by-case basis and
for periods not to exceed 180 days each, waive the application
of sanctions imposed with respect to a person under this
section if the President certifies to the appropriate
committees of Congress not later than 15 days before such
waiver is to take effect that the waiver is vital to the
national security interests of the United States.
(d) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(e) Definitions.--In this section:
(1) Person.--The term ``person''--
(A) means an individual or entity; and
(B) includes a non-state actor (as such term is
defined in section 3 of the International Religious
Freedom Act of 1998 (22 U.S.C. 6402)).
(2) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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