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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Forced Organ 

5 Harvesting Act of 2023’’. 

6 SEC. 2. STATEMENT OF POLICY. 

7 It shall be the policy of the United States— 


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1 (1) to combat international trafficking in per2 sons for purposes of the removal of organs; 

3 (2) to promote the establishment of voluntary 

4 organ donation systems with effective enforcement 

5 mechanisms in bilateral diplomatic meetings and in 

6 international health forums; 

7 (3) to promote the dignity and security of 

8 human life in accordance with the Universal Dec9 laration of Human Rights, adopted on December 10, 

10 1948; and 

11 (4) to hold accountable persons implicated, in12 cluding members of the Chinese Communist Party, 

13 in forced organ harvesting and trafficking in persons 

14 for purposes of the removal of organs. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) APPROPRIATE COMMITTEES OF CON18 GRESS.—The term ‘‘appropriate committees of Con19 gress’’ means— 

20 (A) the Committee on Foreign Relations 

21 and the Committee on the Judiciary of the Sen22 ate; and 

23 (B) the Committee on Foreign Affairs and 

24 the Committee on the Judiciary of the House of 

25 Representatives. 


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1 (2) FORCED ORGAN HARVESTING.—The term 

2 ‘‘forced organ harvesting’’ means the removal of one 

3 or more organs from a person by means of coercion, 

4 abduction, deception, fraud, or abuse of power or a 

5 position of vulnerability. 

6 (3) ORGAN.—The term ‘‘organ’’ has the mean7 ing given the term ‘‘human organ’’ in section 

8 301(c)(1) of the National Organ Transplant Act (42 

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

10 (4) TRAFFICKING IN PERSONS FOR PURPOSES

11 OF THE REMOVAL OF ORGANS.—The term ‘‘traf12 ficking in persons for purposes of the removal of or13 gans’’ means the recruitment, transportation, trans14 fer, harboring, or receipt of a person for the purpose 

15 of removing one or more of such person’s organs, by 

16 means of— 

17 (A) coercion; 

18 (B) abduction; 

19 (C) deception; 

20 (D) fraud; 

21 (E) abuse of power or a position of vulner22 ability; or 

23 (F) transfer of payments or benefits to 

24 achieve the consent of a person having control 


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1 over a person described in the matter preceding 

2 subparagraph (A). 

3 SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORTS. 

4 (a) IN GENERAL.—The Secretary of State may 

5 refuse to issue a passport to any individual who has been 

6 convicted of an offense under section 301 of the National 

7 Organ Transplant Act (42 U.S.C. 274e) and is subject 

8 to imprisonment or parole or other supervised release as 

9 the result of such conviction if such individual, in the com10 mission of such an offense, used a passport or crossed an 

11 international border. 

12 (b) REVOCATION.—The Secretary of State may re13 voke a passport previously issued to any individual de14 scribed in subsection (a). 

15 SEC. 5. REPORTS ON FORCED ORGAN HARVESTING AND 

16 TRAFFICKING IN PERSONS FOR PURPOSES 

17 OF THE REMOVAL OF ORGANS IN FOREIGN 

18 COUNTRIES. 

19 The Foreign Assistance Act of 1961 (22 U.S.C. 2151 

20 et seq.) is amended— 

21 (1) in section 116 (22 U.S.C. 2151n), by add22 ing at the end the following: 

23 ‘‘(h) FORCED ORGAN HARVESTING AND TRAF24 FICKING IN PERSONS FOR PURPOSES OF THE REMOVAL

25 OF ORGANS.— 


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1 ‘‘(1) IN GENERAL.—The report required by 

2 subsection (d) shall include an assessment of forced 

3 organ harvesting and trafficking in persons for pur4 poses of the removal of organs in each foreign coun5 try. 

6 ‘‘(2) DEFINITIONS.—In this subsection: 

7 ‘‘(A) FORCED ORGAN HARVESTING.—The 

8 term ‘forced organ harvesting’ means the re9 moval of one or more organs from a person by 

10 means of coercion, abduction, deception, fraud, 

11 or abuse of power or a position of vulnerability. 

12 ‘‘(B) ORGAN.—The term ‘organ’ has the 

13 meaning given the term ‘human organ’ in sec14 tion 301(c)(1) of the National Organ Trans15 plant Act (42 U.S.C. 274e(c)(1)). 

16 ‘‘(C) TRAFFICKING IN PERSONS FOR PUR17 POSES OF THE REMOVAL OF ORGANS.—The 

18 term ‘trafficking in persons for purposes of the 

19 removal of organs’ means the recruitment, 

20 transportation, transfer, harboring, or receipt of 

21 a person for the purpose of removing one or 

22 more of such person’s organs, by means of— 

23 ‘‘(i) coercion; 

24 ‘‘(ii) abduction; 

25 ‘‘(iii) deception; 


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1 ‘‘(iv) fraud; 

2 ‘‘(v) abuse of power or a position of 

3 vulnerability; or 

4 ‘‘(vi) transfer of payments or benefits 

5 to achieve the consent of a person having 

6 control over a person described in the mat7 ter preceding clause (i).’’; and 

8 (2) in section 502B (22 U.S.C. 2304)— 

9 (A) by redesignating the second subsection 

10 (i) (relating to child marriage status) as sub11 section (j); and 

12 (B) by adding at the end the following: 

13 ‘‘(k) FORCED ORGAN HARVESTING AND TRAF14 FICKING IN PERSONS FOR PURPOSES OF THE REMOVAL

15 OF ORGANS.— 

16 ‘‘(1) IN GENERAL.—The report required by 

17 subsection (b) shall include an assessment of forced 

18 organ harvesting and trafficking in persons for pur19 poses of the removal of organs in each foreign coun20 try. 

21 ‘‘(2) DEFINITIONS.—In this subsection, the 

22 terms ‘forced organ harvesting’, ‘organ’, and ‘traf23 ficking in persons for purposes of the removal of or24 gans’ have the meanings given those terms in section 

25 116(h)(2).’’. 


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1 SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO 

2 FORCED ORGAN HARVESTING OR TRAF3 FICKING IN PERSONS FOR PURPOSES OF THE 

4 REMOVAL OF ORGANS. 

5 (a) LIST REQUIRED.—Not later than 180 days after 

6 the date of the enactment of this Act, the President shall 

7 submit to the appropriate committees of Congress a list 

8 of each person that the President determines funds, spon9 sors, or otherwise facilitates forced organ harvesting or 

10 trafficking in persons for purposes of the removal of or11 gans. 

12 (b) IMPOSITION OF SANCTIONS.—The President shall 

13 impose the following sanctions with respect to a person 

14 on the list required by subsection (a): 

15 (1) PROPERTY BLOCKING.—The President shall 

16 exercise all of the powers granted by the Inter17 national Emergency Economic Powers Act (50 

18 U.S.C. 1701 et seq.) (except that the requirements 

19 of section 202 of such Act (50 U.S.C. 1701) shall 

20 not apply) to the extent necessary to block and pro21 hibit all transactions in all property and interests in 

22 property of the person if such property and interests 

23 in property are in the United States, come within 

24 the United States, or are or come within the posses25 sion or control of a United States person. 


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1 (2) ALIENS INADMISSIBLE FOR VISAS, ADMIS2 SION, OR PAROLE.— 

3 (A) VISAS, ADMISSION, OR PAROLE.—In 

4 the case of an individual, that individual is— 

5 (i) inadmissible to the United States; 

6 (ii) ineligible to receive a visa or other 

7 documentation to enter the United States; 

8 and 

9 (iii) otherwise ineligible to be admitted 

10 or paroled into the United States or to re11 ceive any other benefit under the Immigra12 tion and Nationality Act (8 U.S.C. 1101 et 

13 seq.). 

14 (B) CURRENT VISAS REVOKED.— 

15 (i) IN GENERAL.—The visa or other 

16 entry documentation of the individual shall 

17 be revoked, regardless of when such visa or 

18 other entry documentation is or was 

19 issued. 

20 (ii) IMMEDIATE EFFECT.—A revoca21 tion under clause (i) shall— 

22 (I) take effect immediately; and 

23 (II) automatically cancel any 

24 other valid visa or entry documentaVerDate Sep 11 2014 22:05 Mar 20, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S761.IS S761

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1 tion that is in the individual’s posses2 sion. 

3 (c) EXCEPTIONS.— 

4 (1) EXCEPTION RELATING TO IMPORTATION OF

5 GOODS.— 

6 (A) IN GENERAL.—The authorities and re7 quirements to impose sanctions under sub8 section (b)(1) shall not include the authority or 

9 a requirement to impose sanctions on the im10 portation of goods. 

11 (B) GOOD DEFINED.—In this paragraph, 

12 the term ‘‘good’’ means any article, natural or 

13 manmade substance, material, supply or manu14 factured product, including inspection and test 

15 equipment, and excluding technical data. 

16 (2) EXCEPTION TO COMPLY WITH INTER17 NATIONAL OBLIGATIONS.—Subsection (b)(2) shall 

18 not apply to the admission of an individual if the ad19 mission of the individual is necessary to comply with 

20 United States obligations under the Agreement be21 tween the United Nations and the United States of 

22 America regarding the Headquarters of the United 

23 Nations, signed at Lake Success June 26, 1947, and 

24 entered into force November 21, 1947, under the 

25 Convention on Consular Relations, done at Vienna 


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1 April 24, 1963, and entered into force March 19, 

2 1967, or under other applicable international agree3 ments or treaties. 

4 (3) EXCEPTION RELATING TO THE PROVISION

5 OF HUMANITARIAN ASSISTANCE.—Sanctions under 

6 this section may not be imposed with respect to 

7 transactions or the facilitation of transactions— 

8 (A) for the sale of agricultural commod9 ities, food, or medicine; 

10 (B) for the provision of vital humanitarian 

11 assistance; 

12 (C) relating to vital humanitarian assist13 ance or for vital humanitarian purposes; or 

14 (D) for transporting goods or services that 

15 are necessary to carry out operations relating to 

16 vital humanitarian assistance. 

17 (4) WAIVER.—The President may, on a case18 by-case basis and for periods not to exceed 180 days 

19 each, waive the application of sanctions imposed 

20 with respect to a person under this section if the 

21 President certifies to the appropriate committees of 

22 Congress not later than 15 days before such waiver 

23 is to take effect that the waiver is vital to the na24 tional security interests of the United States. 

25 (d) IMPLEMENTATION; PENALTIES.— 


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1 (1) IMPLEMENTATION.—The President may ex2 ercise all authorities provided under sections 203 

3 and 205 of the International Emergency Economic 

4 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

5 this section. 

6 (2) PENALTIES.—A person that violates, at7 tempts to violate, conspires to violate, or causes a 

8 violation of this section or any regulation, license, or 

9 order issued to carry out this section shall be subject 

10 to the penalties set forth in subsections (b) and (c) 

11 of section 206 of the International Emergency Eco12 nomic Powers Act (50 U.S.C. 1705) to the same ex13 tent as a person that commits an unlawful act de14 scribed in subsection (a) of that section. 

15 (e) DEFINITIONS.—In this section: 

16 (1) PERSON.—The term ‘‘person’’— 

17 (A) means an individual or entity; and 

18 (B) includes a non-state actor (as such 

19 term is defined in section 3 of the International 

20 Religious Freedom Act of 1998 (22 U.S.C. 

21 6402)). 

22 (2) UNITED STATES PERSON.—The term 

23 ‘‘United States person’’ means— 


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1 (A) a United States citizen or an alien law2 fully admitted for permanent residence to the 

3 United States; or 

4 (B) an entity organized under the laws of 

5 the United States or any jurisdiction within the 

6 United States, including a foreign branch of 

7 such an entity. 

Æ 


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