IIB 

114TH CONGRESS 

2D SESSION H. R. 3694 

IN THE SENATE OF THE UNITED STATES 

JUNE 14, 2016 

Received; read twice and referred to the Committee on Foreign Relations 

AN ACT 

To combat trafficking in human organs, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Strategy To Oppose 

3 Predatory Organ Trafficking Act’’ or the ‘‘STOP Organ 

4 Trafficking Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

7 (1) The World Health Organization (WHO) es8 timates that approximately 10 percent of all trans9 planted kidneys worldwide are illegally obtained, 

10 often bought from vulnerable impoverished persons 

11 or forcibly harvested from prisoners. 

12 (2) In 2004, the World Health Assembly passed 

13 a resolution urging its member-states to take meas14 ures to protect the poorest as well as vulnerable 

15 groups from exploitation by organ traffickers. 

16 (3) On February 13, 2008, the United Nations 

17 Global Initiative to Fight Human Trafficking 

18 (UNGIFT) hosted the ‘‘Vienna Forum to Fight 

19 Human Trafficking’’, and subsequently reported 

20 that a lack of adequate illicit organ trafficking laws 

21 has provided opportunity for the illegal trade to 

22 grow. 

23 (4) On March 21, 2011, the Council of the Eu24 ropean Union adopted rules supplementing the defi25 nition of criminal offenses and the level of sanctions 

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1 in order to strengthen the prevention of organ traf2 ficking and the protection of those victims. 

3 (5) In 2005, the United States ratified the Pro4 tocol to Prevent, Suppress and Punish Trafficking in 

5 Persons, Especially Women and Children, a supple6 ment to the United Nations Convention against 

7 Transnational Organized Crime, which includes the 

8 removal of organs as a form of exploitation under 

9 the definition of ‘‘trafficking in persons’’. 

10 (6) According to a 2013 United Nations report 

11 from the Special Rapporteur on trafficking in per12 sons, especially women and children, the economic 

13 and social divisions within and among countries is 

14 notably reflected in the illicit organ trafficking mar15 ket, in which the victims are commonly poor, unem16 ployed, and more susceptible to deceit and extortion. 

17 SEC. 3. SENSE OF CONGRESS. 

18 It is the sense of Congress that— 

19 (1) the kidnapping or coercion of individuals for 

20 the purpose of extracting their organs for profit is 

21 in contradiction of the ideals and standards for eth22 ical behavior upon which the United States has 

23 based its laws; 

24 (2) the illegal harvesting of organs from chil25 dren is a violation of the human rights of the child 

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1 and is a breach of internationally accepted medical 

2 ethical standards described in WHO Assembly Reso3 lution 57.18 (May 22, 2004); 

4 (3) the illegal harvesting and trafficking of or5 gans violates the Universal Declaration of Human 

6 Rights, in Article 3 which states that ‘‘Everyone has 

7 the right to life, liberty and security of person.’’, and 

8 in Article 4 which states that ‘‘No one shall be held 

9 in slavery or servitude.’’; and 

10 (4) establishing efficient voluntary organ dona11 tion systems with strong enforcement mechanisms is 

12 the most effective way to combat trafficking of per13 sons for the removal of their organs. 

14 SEC. 4. STATEMENT OF POLICY. 

15 It shall be the policy of the United States to— 

16 (1) combat the international trafficking of per17 sons for the removal of their organs; 

18 (2) promote the establishment of voluntary 

19 organ donation systems with effective enforcement 

20 mechanisms in bilateral diplomatic meetings, as well 

21 as in international health forums; and 

22 (3) promote the dignity and security of human 

23 life in accordance with the Universal Declaration of 

24 Human Rights. 

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1 SEC. 5. REVOCATION OR DENIAL OF PASSPORTS TO INDI2 VIDUALS WHO ARE ORGAN TRAFFICKERS. 

3 The Act entitled ‘‘An Act to regulate the issue and 

4 validity of passports, and for other purposes’’, approved 

5 July 3, 1926 (22 U.S.C. 211a et seq.), which is commonly 

6 known as the ‘‘Passport Act of 1926’’, is amended by add7 ing at the end the following: 

8 ‘‘SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT. 

9 ‘‘(a) ISSUANCE.—The Secretary of State may refuse 

10 to issue a passport to any individual who has been con11 victed of an offense under section 301 of the National 

12 Organ Transplant Act (42 U.S.C. 274e) if such individual 

13 used a passport or otherwise crossed an international bor14 der in the commission of such an offence. 

15 ‘‘(b) REVOCATION.—The Secretary of State may re16 voke a passport previously issued to any individual de17 scribed in paragraph (1).’’. 

18 SEC. 6. AMENDMENTS TO THE TRAFFICKING VICTIMS PRO19 TECTION ACT OF 2000. 

20 (a) DEFINITIONS.—Section 103 of the Trafficking 

21 Victims Protection Act of 2000 (22 U.S.C. 7102) is 

22 amended— 

23 (1) in paragraph (9)— 

24 (A) in subparagraph (A), by striking ‘‘or’’ 

25 at the end; 

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1 (B) in subparagraph (B), by striking the 

2 period at the end and inserting: ‘‘; or’’; and 

3 (C) by adding at the end the following new 

4 subparagraph: 

5 ‘‘(C) trafficking of persons for the removal 

6 of their organs (as defined in paragraph 

7 (13)).’’; 

8 (2) by redesignating paragraphs (13) through 

9 (15) as paragraphs (14) through (16), respectively; 

10 and 

11 (3) by inserting after paragraph (12) the fol12 lowing new paragraph: 

13 ‘‘(13) TRAFFICKING OF PERSONS FOR THE RE14 MOVAL OF THEIR ORGANS.— 

15 ‘‘(A) IN GENERAL.—The term ‘trafficking 

16 of persons for the removal of their organs’ 

17 means the recruitment, transportation, transfer, 

18 harboring, or receipt of a person, either living 

19 or deceased, for the purpose of removing one or 

20 more of the person’s organs, by means of— 

21 ‘‘(i) coercion; 

22 ‘‘(ii) abduction; 

23 ‘‘(iii) deception; 

24 ‘‘(iv) fraud; 

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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 mat6 ter preceding clause (i). 

7 ‘‘(B) ORGAN DEFINED.—In subparagraph 

8 (A), the term ‘organ’ has the meaning given the 

9 term ‘human organ’ in section 301(c)(1) of the 

10 National Organ Transplant Act (42 U.S.C. 

11 274e(c)(1)).’’. 

12 (b) INTERAGENCY TASK FORCE TO MONITOR AND

13 COMBAT TRAFFICKING.—Section 105(d)(3) of the Traf14 ficking Victims Protection Act of 2000 (22 U.S.C. 

15 7103(d)(3)) is amended by inserting after the first sen16 tence the following new sentence: ‘‘Such procedures shall 

17 include collection and organization of data from human 

18 rights officers at United States embassies on host coun19 try’s laws against trafficking of persons for the removal 

20 of their organs and any instances of violations of such 

21 laws.’’. 

22 SEC. 7. REPORTING. 

23 (a) IN GENERAL.—Not later than 1 year after the 

24 date of the enactment of this Act, and annually thereafter 

25 through 2024, the Secretary of State shall submit to the 

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1 appropriate congressional committees a comprehensive re2 port that includes the following information: 

3 (1) A description of the sources, practices, 

4 methods, facilitators, and recipients of trafficking of 

5 persons for the removal of their organs during the 

6 period covered by each such report. 

7 (2) A description of activities undertaken by the 

8 Department of State, either unilaterally or in co9 operation with other countries, to address and pre10 vent trafficking of persons for the removal of their 

11 organs. 

12 (3) A description of activities undertaken by 

13 countries to address and prevent trafficking of per14 sons for the removal of their organs. 

15 (b) MATTERS TO BE INCLUDED.—The reports re16 quired under subsection (a) shall include the collection and 

17 organization of data from human rights officers at United 

18 States diplomatic and consular posts on host countries’ 

19 laws against trafficking of persons for the removal of their 

20 organs, including enforcement of such laws, or any in21 stances of violations of such laws. 

22 (c) ADDITIONAL MATTERS TO BE INCLUDED.—The 

23 reports required under subsection (a) may include— 

24 (1) information provided in meetings with host 

25 country officials; 

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1 (2) information provided through cooperation 

2 with United Nations or World Health Organization 

3 agencies; 

4 (3) communications and reports provided by 

5 nongovernmental organizations working on the issue 

6 of trafficking of persons for the removal of their or7 gans; and 

8 (4) any other reports or information sources the 

9 Secretary of State determines to be necessary and 

10 appropriate. 

11 SEC. 8. DEFINITIONS. 

12 In this Act: 

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means the Committee on Foreign Affairs of 

16 the House of Representatives and the Committee on 

17 Foreign Relations of the Senate. 

18 (2) ORGAN.—The term ‘‘organ’’ has the mean19 ing given the term ‘‘human organ’’ in section 

20 301(c)(1) of the National Organ Transplant Act (42 

21 U.S.C. 274e(c)(1)). 

22 (3) TRAFFICKING OF PERSONS FOR THE RE23 MOVAL OF THEIR ORGANS.—The term ‘‘trafficking 

24 of persons for the removal of their organs’’ means 

25 the recruitment, transportation, transfer, harboring, 

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1 or receipt of a person, either living or deceased, for 

2 the purpose of removing one or more of the person’s 

3 organs, by means of— 

4 (A) coercion; 

5 (B) abduction; 

6 (C) deception; 

7 (D) fraud; 

8 (E) abuse of power or a position of vulner9 ability; or 

10 (F) transfer of payments or benefits to 

11 achieve the consent of a person having control 

12 over a person described in the matter preceding 

13 clause (i). 

14 SEC. 9. LIMITATION ON FUNDS. 

15 No additional funds are authorized to be appro16 priated to carry out this Act or any amendment made by 

17 this Act. 

Passed the House of Representatives June 13, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 

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