I 

116TH CONGRESS 

1ST SESSION H. R. 2121 

To combat trafficking in human organs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2019 

Mr. RESCHENTHALER introduced the following bill; which was referred to the 

Committee on Foreign Affairs 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

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

6 Trafficking Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 

9 (1) The World Health Organization (WHO) es10 timates that approximately 10 percent of all trans11 planted kidneys worldwide are illegally obtained, 


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1 often bought from vulnerable impoverished persons 

2 or in some cases forcibly harvested from prisoners. 

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

4 a resolution urging its member-states to take meas5 ures to protect the poorest as well as vulnerable 

6 groups from exploitation by organ traffickers. 

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

8 Global Initiative to Fight Human Trafficking 

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

10 Human Trafficking’’, and subsequently reported 

11 that a lack of adequate illicit organ trafficking laws 

12 has provided opportunity for the illegal trade to 

13 grow. 

14 (4) On March 21, 2011, the Council of the Eu15 ropean Union adopted rules supplementing the defi16 nition of criminal offenses and the level of sanctions 

17 in order to strengthen the prevention of organ traf18 ficking and the protection of those victims. 

19 (5) In 2005, the United States ratified the Pro20 tocol to Prevent, Suppress and Punish Trafficking in 

21 Persons, Especially Women and Children, a supple22 ment to the United Nations Convention against 

23 Transnational Organized Crime, which includes the 

24 removal of organs as a form of exploitation under 

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


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1 (6) According to a 2013 United Nations report 

2 from the Special Rapporteur on trafficking in per3 sons, especially women and children, the economic 

4 and social divisions within and among countries is 

5 notably reflected in the illicit organ trafficking mar6 ket, in which the victims are commonly poor, unem7 ployed, and more susceptible to deceit and extortion. 

8 SEC. 3. SENSE OF CONGRESS. 

9 It is the sense of Congress that— 

10 (1) the kidnapping or coercion of individuals for 

11 the purpose of extracting their organs for profit is 

12 in contradiction of the ideals and standards for eth13 ical behavior upon which the United States has 

14 based its laws; 

15 (2) the illegal harvesting of organs from chil16 dren is a violation of the human rights of the child 

17 and is a breach of internationally accepted medical 

18 ethical standards described in WHO Assembly Reso19 lution 57.18 (May 22, 2004); 

20 (3) the illegal harvesting and trafficking of or21 gans violates Article 3 of the Universal Declaration 

22 of Human Rights, which states that ‘‘Everyone has 

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

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

25 slavery or servitude.’’; and 


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1 (4) establishing efficient voluntary organ dona2 tion systems with strong enforcement mechanisms is 

3 the most effective way to combat trafficking in per4 sons for purposes of the removal of organs. 

5 SEC. 4. STATEMENT OF POLICY. 

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

7 (1) combat the international trafficking in per8 sons for purposes of the removal of organs; 

9 (2) promote the establishment of voluntary 

10 organ donation systems with effective enforcement 

11 mechanisms in bilateral diplomatic meetings, as well 

12 as in international health forums; and 

13 (3) promote the dignity and security of human 

14 life in accordance with the Universal Declaration of 

15 Human Rights. 

16 SEC. 5. REVOCATION OR DENIAL OF PASSPORTS TO INDI17 VIDUALS WHO ARE ORGAN TRAFFICKERS. 

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

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

20 July 3, 1926 (22 U.S.C. 211a et seq.), commonly known 

21 as the ‘‘Passport Act of 1926’’, is amended by adding at 

22 the end the following new section: 

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

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

25 to issue a passport to any individual who has been conVerDate Sep 11 2014 20:59 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2121.IH H2121

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1 victed of an offense under section 301 of the National 

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

3 used a passport or otherwise crossed an international bor4 der in the commission of such an offence. 

5 ‘‘(b) REVOCATION.—The Secretary of State may re6 voke a passport previously issued to any individual de7 scribed in paragraph (1).’’. 

8 SEC. 6. AMENDMENTS TO THE TRAFFICKING VICTIMS PRO9 TECTION ACT OF 2000. 

10 Section 103 of the Trafficking Victims Protection Act 

11 of 2000 (22 U.S.C. 7102) is amended— 

12 (1) in paragraph (11)— 

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

14 after the semicolon at the end; 

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

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

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

18 subparagraph: 

19 ‘‘(C) trafficking in persons for purposes of 

20 the removal of organs (as defined in paragraph 

21 (15)).’’; 

22 (2) by redesignating paragraphs (15) through 

23 (17) as paragraphs (16) through (18), respectively; 

24 and 


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1 (3) by inserting after paragraph (14) the fol2 lowing new paragraph: 

3 ‘‘(15) TRAFFICKING IN PERSONS FOR PUR4 POSES OF THE REMOVAL OF ORGANS.— 

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

6 in persons for purposes of the removal of or7 gans’ means the recruitment, transportation, 

8 transfer, harboring, or receipt of a person for 

9 the purpose of removing one or more of such 

10 person’s organs, by means of— 

11 ‘‘(i) coercion; 

12 ‘‘(ii) abduction; 

13 ‘‘(iii) deception; 

14 ‘‘(iv) fraud; 

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

16 vulnerability; or 

17 ‘‘(vi) transfer of payments or benefits 

18 to achieve the consent of a person having 

19 control over a person described in the mat20 ter preceding clause (i). 

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

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

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

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

25 274e(c)(1)).’’. 


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1 SEC. 7. REPORTING. 

2 (a) IN GENERAL.—Not later than two years after the 

3 date of the enactment of this Act and annually thereafter 

4 through 2026, the Secretary of State shall submit to the 

5 appropriate congressional committees a comprehensive re6 port that includes the following information: 

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

8 methods, facilitators, and recipients of trafficking in 

9 persons for purposes of the removal of organs during 

10 the period covered by each such report. 

11 (2) A description of activities undertaken by the 

12 Department of State, either unilaterally or in co13 operation with other countries, to address and pre14 vent trafficking in persons for purposes of the re15 moval of organs. 

16 (3) A description of activities undertaken by 

17 countries to address and prevent trafficking in per18 sons for purposes of the removal of organs. 

19 (b) MATTERS TO BE INCLUDED.—The reports re20 quired under subsection (a) shall include the collection and 

21 organization of data from human rights officers at United 

22 States diplomatic and consular posts on host country laws 

23 against trafficking in persons for purposes of the removal 

24 of organs, including enforcement of such laws, or any in25 stances of violations of such laws. 


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

2 reports required under subsection (a) may include the fol3 lowing: 

4 (1) Information provided in meetings with host 

5 country officials. 

6 (2) Information provided through cooperation 

7 with United Nations or World Health Organization 

8 agencies. 

9 (3) Communications and reports provided by 

10 nongovernmental organizations working on the issue 

11 of trafficking in persons for purposes of the removal 

12 of organs. 

13 (4) Any other reports or information sources 

14 the Secretary of State determines to be necessary 

15 and appropriate. 

16 (d) RELATION TO TRAFFICKING IN PERSONS RE17 PORT.—The reports required under subsection (a) shall be 

18 deemed to satisfy the reporting requirements relating to 

19 trafficking in persons for purposes of the removal of or20 gans under section 110(b) of the Trafficking Victims Pro21 tection Act of 2000 (22 U.S.C. 7107(b)). 

22 SEC. 8. DEFINITIONS. 

23 In this Act: 

24 (1) APPROPRIATE CONGRESSIONAL COMMIT25 TEES.—The term ‘‘appropriate congressional comVerDate Sep 11 2014 20:59 Apr 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2121.IH H2121

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1 mittees’’ means the Committee on Foreign Affairs of 

2 the House of Representatives and the Committee on 

3 Foreign Relations of the Senate. 

4 (2) ORGAN.—The term ‘‘organ’’ has the mean5 ing given the term ‘‘human organ’’ in section 

6 301(c)(1) of the National Organ Transplant Act (42 

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

8 (3) TRAFFICKING IN PERSONS FOR PURPOSES

9 OF THE REMOVAL OF ORGANS.—The term ‘‘traf10 ficking in persons for purposes of the removal of or11 gans’’ means the recruitment, transportation, trans12 fer, harboring, or receipt of a person for the purpose 

13 of removing one or more of the person’s organs, by 

14 means of— 

15 (A) coercion; 

16 (B) abduction; 

17 (C) deception; 

18 (D) fraud; 

19 (E) abuse of power or a position of vulner20 ability; or 

21 (F) transfer of payments or benefits to 

22 achieve the consent of a person having control 

23 over a person described in the matter preceding 

24 subparagraph (A). 


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1 SEC. 9. LIMITATION ON FUNDS. 

2 No additional funds are authorized to be appro3 priated to carry out this Act or any amendment made by 

4 this Act. 

Æ 


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