Stop Forced Organ Harvesting Act of 2023

Subjects: International Affairs, Congressional oversight, Human trafficking, Organ and tissue donation and transplantation, Sanctions, Smuggling and trafficking, Visas and passports


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 761 Introduced in Senate (IS)]

&lt;DOC&gt;






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.
                                 &lt;all&gt;
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