sell their organs out of desperation or harvested 
from prisoners. 
(2) The Council of Europe is investigating alle-
gations made by Ms. Carla del Ponte, a former chief 
prosecutor at the International Criminal Tribunal of 
the Former Yugoslavia, that approximately 300 eth-
nic Serbs in Kosovo were kidnapped in 1999 with 
their organs being forcibly removed for sale by their 
captors. 
(3) The Special Rapporteur for the Council of 
Europe’s Social, Health and Family Affairs Com-
mittee, Mrs. Ruth-Gaby Vermot-Mangold, inter-
viewed a number of coerced kidney donors during a 
May 2003 visit to Moldova, who were all young men 
driven by extreme poverty to sell their kidneys for a 
sum of $2,500 to $3,000, and reported that the 
medical follow-up of these illegal organ harvesting 
operations lasted no more than five days, after 
which the donors were sent back on a bus to their 
home country, frequently causing permanent disabil-
ities due to complications from the operations. 
(4) 
The 
Council 
of 
Europe’s 
Special 
Rapporteur, Vermot-Mangold, also reported that the 
recipients of these kidneys were estimated to have 
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paid between $100,000 and $250,000 for kidney 
transplants. 
(5) On June 3, 2003, the Council of Europe’s 
Special Rapporteur, Vermot-Mangold, testified that 
international criminal organizations had exploited 
those in extreme poverty in nations in Eastern Eu-
rope in order to harvest their organs for sale on the 
black market. 
(6) Between 2001 and 2003, a South African 
black market kidney transplant ring coerced over 
109 impoverished people, mostly from Brazil and 
Romania, to travel to Durban, South Africa to for-
feit a kidney for the promise of approximately 
$120,000, with that payment sometimes not being 
provided following the operation. 
(7) According to the January 2007 report by 
David Matas and David Kilgore entitled, ‘‘Bloody 
Harvest: Revised Report into Allegations of Organ 
Harvesting of Falun Gong Practitioners in China’’, 
the website of the Organ Transplant Center of the 
Armed Police General Hospital in Beijing, China 
stated in 2004 that, ‘‘Our Organ Transplant Center 
is our main department for making money. Its gross 
income in 2003 was 16,070,000 yuan. From Janu-
ary to June of 2004, income was 13,570,000 yuan. 
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This year (2004) there is a chance to break through 
30,000,000 yuan.’’. 
(8) In May 2004, the World Health Assembly 
passed a resolution urging its member-states to take 
measures to protect the poorest as well as vulnerable 
groups from exploitation by organ traffickers. 
(9) On May 3, 2004, Radio Free Europe-Radio 
Liberty reported that Afghanistan’s Interior Min-
ister Ali Ahmed Lakali announced that in 2003 the 
Interior department had made over 100 arrests on 
charges of child abduction, and stated that the prob-
lem was growing as children were being taken to be 
sold for ‘‘sex or labor, or to provide human organs’’. 
(10) On November 20, 2004, Xin Ren from 
California State University stated to the Inter-
national Bureau for Children’s Rights Conference in 
Montreal, that, ‘‘[In 2003] [c]hildren were often ei-
ther sold by their parents for little money or kid-
napped and abducted by the traffickers to have their 
organ(s) removed for transplant purpose. . . . 
[S]ome people were even murdered in the process of 
forcible removal of their organs.’’. 
(11) According to the January 2007 report by 
David Matas and David Kilgore, from 2000 through 
2005, the sources of the organs used were not iden-
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tified in an estimated 41,500 organ transplants that 
were performed in China during that period. 
(12) On March 30, 2006, the Police Super-
intendent of Paranaque, Philippines announced the 
arrest of a suspect alleged to have been involved 
with a kidnapping syndicate in the region which had 
been abducting children to remove and sell their or-
gans on the global black market, as in the case of 
one child who was discovered dead in Cavite, Phil-
ippines with his internal organs missing. 
(13) In March 2006, a children’s rights expert 
at the Afghan Independent Human Rights Commis-
sion, Hengameh Anwari, stated, ‘‘Other reports that 
cause concern indicate that a number of children are 
abducted because of their body organs; they become 
victims of trafficking to foreign countries especially 
for their kidneys.’’. 
(14) In mid-November 2006, China’s Deputy 
Health Minister Huang Jiefu acknowledged that ex-
ecuted prisoners sentenced to death are sources for 
organ transplants, and Asia News reported that 
Deputy Health Minister Huang had said he was cog-
nizant of the fact that too often organs come from 
non-consenting parties and are sold for high fees to 
foreigners. 
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(15) Senator Patrik Vankrunkelsven of Belgium 
reported that in November 2006 he called two hos-
pitals in China and was offered a kidney by each fa-
cility for the price of 50,000 Euros. 
(16) According to the January 2007 report by 
David Matas and David Kilgore, the website for the 
China International Transplantation Network As-
sistance Centre in May 2006 posted the following 
statements in its frequently asked questions section: 
‘‘The First Affiliated Hospital of China was estab-
lished in 2003 specifically for our foreign friends 
. . . Viscera providers can be found immediately! 
. . . The supreme demotic [‘‘people’s’’] court, su-
preme demotic law-officer, police, judiciary, depart-
ment of health and civil administration have enacted 
law together to make sure organ donations are sup-
ported by the government . . . Our organs do not 
come from brain death victims because the organ 
may not be good.’’. 
(17) On January 8, 2007, the Sun newspaper 
of London reported that a severe shortage of avail-
able organs for transplant in the United Kingdom 
had contributed to that country becoming one of the 
top recipients of illegally trafficked organs. 
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(18) In 2007, Pakistan was identified by the 
WHO as one of the top destinations for ‘‘transplant 
tourism’’. 
(19) Pakistani authorities in April 2007 raided 
a black market organ ring in Lahore that consisted 
of doctors, officials, and middlemen who had ab-
ducted potential donors, drugged them and removed 
their kidneys without consent to then sell for profit. 
(20) Dr. Zafar ul Ahsan, a top urologist at 
Fatima Jinnah Hospital in Lahore, Pakistan, stated 
in September 2007, ‘‘Nearly 2,000 kidneys are 
transplanted in Pakistan every year, and seventy 
percent are bought by foreigners from Saudi Arabia, 
the UAE, Britain and Canada . . . A mafia is run-
ning Pakistan’s kidney transplant business with 
agents paying $1,000 to poor donors and then sell-
ing their kidneys on the black market for thousands 
of dollars.’’. 
(21) According to organ trafficking specialists 
at the WHO, the country of Moldova ranks third as 
a source of organs for sale on the global black mar-
ket, with such human organs frequently smuggled 
into neighboring Romania for delivery to under-
ground clinics located in several European Union 
member-states. 
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(22) In 2007, five employees of the tissue bank 
at the Faculty Hospital in Brno-Bohunice, the Czech 
Republic, were arrested and charged with illegal 
organ trafficking for selling more than $340,000 
worth of illegally obtained skin grafts to a tissue 
bank in the Netherlands. 
(23) In January 2008, the Government of In-
dia’s Health Ministry released an estimate that more 
than 100,000 kidney transplants are needed in India 
each year, but only 5,000 are performed legally. 
(24) On February 13, 2008, the United Na-
tions Global Initiative to Fight Human Trafficking 
(UNGIFT) hosted the ‘‘Vienna Forum to Fight 
Human Trafficking’’, and cited in its subsequent re-
port that a lack of adequate laws against illicit 
organ trafficking has created the opportunity for 
such illegal trade to grow and that there were clear 
indications that organ trafficking was increasing and 
frequently involved members of international crimi-
nal organizations. 
(25) On April 12, 2008, police raided a black 
market organ transplant house near Manila, Phil-
ippines, arresting three traffickers and discovering 
nine donors in the house, one of whom stated to au-
thorities that he had been promised $2,800 for his 
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kidney, and he was doing it because, ‘‘I can barely 
provide for my wife and children.’’. 
(26) On April 30, 2008, the Government of the 
Philippines passed a ban on transplants to foreign 
citizens, except in cases of familial relations, in re-
sponse to data showing that kidney transplants from 
Filipinos to foreign recipients had increased over 60 
percent between 2002 and 2006, which confirmed 
earlier reports of a thriving illegal organ black mar-
ket in the Philippines. 
(27) On November 17, 2008, the Congress of 
the Philippines passed a resolution which directed a 
Senate committee to investigate the rising instances 
of child organ trafficking in the country, and stated 
that the National Bureau of Investigation’s Human 
Trafficking Division reported that, ‘‘the abducted 
children are housed somewhere in Mindanao where 
victims are supplied with vitamin supplements to 
keep their internal organs healthy, and are then 
transported outside the country to undergo surgery 
for organ transplants’’. 
(28) In November 2008, Kosovar police 
searched a private clinic and found drugs and blood 
in plastic bags, and charged two doctors for the 
crime of performing illegal organ transplants. 
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(29) A February 2008 police raid on an organ 
trafficking ring in Gurgaon, India found that men 
posing as doctors to remove kidneys from migrant 
laborers conducted approximately five hundred ille-
gal kidney transplants over nine years, and pos-
sessed a waiting list of potential recipients of those 
organs from Canada, Greece, Saudi Arabia, Dubai, 
the United Kingdom, the United Arab Emirates and 
the United States. 
(30) On April 8, 2009, the Global Post in Cairo 
reported that the Egyptian Government was consid-
ering legal measures to increase the number of legal 
organ donations to meet demand, which included a 
proposal supported by some in the religious commu-
nity to harvest organs from executed criminals, with 
or without their consent, as Ministry of Health 
spokesman, Dr. Abdel Rahman Shahin stated, 
‘‘They [some religious clerics in favor of the meas-
ure] are saying that when [convicts’] organs are 
taken, they’re compensating for the bad they did.’’. 
(31) According to a June 1989 report by 
Georgetown University’s Joseph and Rose Kennedy 
Institute of Ethics entitled, ‘‘Anencephalic Infants 
as Potential Organ Sources: Ethical and Legal 
Issues’’, some European physicians have addressed 
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the shortage of human organs available for trans-
plant by disregarding bioethical standards and re-
moving the vital organs from anencephalic infants, 
prior to the medical determination of whether total 
brain death or cardiac death had occurred, on the 
ground that these infants were ‘‘brain-absent’’ and 
could be treated as if they were brain dead or, alter-
natively, that they were sufficiently lacking in cog-
nitive capacity that the usual moral constraints on 
killing persons did not apply, which in effect author-
ized them to actively cause the death of these in-
fants. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the kidnapping or coercion of individuals for 
the purpose of extracting their organs for profit is 
abhorrent and in contradiction of the ideals and 
standards for ethical behavior upon which the 
United States has based its laws; 
(2) the harvesting of organs from living chil-
dren, regardless of the level of brain activity, is a 
violation of the human rights of the child and is a 
breach of internationally-accepted medical ethical 
standards described in World Health Organization 
Assembly Resolution 57.18 (May 22, 2004); and 
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(3) the illegal harvesting and trafficking of 
human organs violates the Universal Declaration of 
Human Rights, in Articles 3 which states, ‘‘Every-
one has the right to life, liberty and security of per-
son.’’, and Article 4 which states, ‘‘No one shall be 
held in slavery or servitude.’’. 
SEC. 4. STATEMENT OF POLICY. 
It shall be the policy of the United States to— 
(1) seek to end the offensive practice of exploit-
ing the poor and vulnerable for the purpose of har-
vesting and trafficking their organs; 
(2) combat criminal trade in human organs; 
and 
(3) promote the dignity and security of human 
life in accordance to the Universal Declaration of 
Human Rights. 
SEC. 5. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT 
OF 1961. 
(a) ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 
PRACTICES.—Section 116(f)(1)(B)(v) of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2151n(f)(1)(B)(v)) is 
amended by inserting after ‘‘mental and physical health 
care’’ the following: ‘‘, post-operative and rehabilitation 
care for victims of trafficking in human organs (as defined 
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in section 103 of the Trafficking Victims Protection Act 
of 2000),’’. 
(b) ASSISTANCE TO FOREIGN COUNTRIES TO MEET 
MINIMUM STANDARDS FOR THE ELIMINATION OF TRAF-
FICKING.—Section 134(a) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2152d(a)) is amended by inserting 
after ‘‘of 2000)’’ the following: ‘‘, including the elimination 
of trafficking in human organs (as defined in section 103 
of the Trafficking Victims Protection Act of 2000)’’. 
SEC. 6. AMENDMENTS TO THE TRAFFICKING VICTIMS PRO-
TECTION ACT OF 2000. 
(a) DEFINITIONS.—Section 103 of the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7102) is 
amended— 
(1) in paragraph (2)— 
(A) in subparagraph (B), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (C), by striking the 
period at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(D) exploitation of a person through the 
promise of granting of payments or benefits in 
order to compel or entice the person to consent 
to the removal of one or more of the person’s 
organs for a transplant operation, in a manner 
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contrary to the standards described in World 
Health Organization Assembly Resolution WHA 
57.18 (May 22, 2004).’’; 
(2) in paragraph (8)— 
(A) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting: ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(C) trafficking in human organs (as de-
fined in paragraph (12)).’’; 
(3) by redesignating paragraphs (12) through 
(14) as paragraphs (13) through (15), respectively; 
and 
(4) by inserting after paragraph (11) the fol-
lowing: 
‘‘(12) TRAFFICKING IN HUMAN ORGANS.— 
‘‘(A) IN GENERAL.—The term ‘trafficking 
in human organs’ means the recruitment, trans-
portation, transfer, harboring, or receipt of a 
person, by means of coercion or abduction, for 
the purpose of removing one or more of the per-
son’s organs, and the illicit transportation and 
transplantation of those organs in one or more 
other persons for profit or any other purpose. 
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‘‘(B) ORGAN DEFINED.—In subparagraph 
(A), the term ‘organ’ means the human (includ-
ing fetal) kidney, liver, heart, lung, pancreas, 
bone marrow, cornea, eye, bone, and skin or 
any subpart thereof and any other human 
organ (or any subpart thereof, including that 
derived from a fetus) specified by the President 
by regulation for purposes of this division.’’. 
(b) REPORTS TO CONGRESS.—Section 110(b)(1) of 
the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7107(b)(1)) is amended— 
(1) in subparagraph (E), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (F), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(G) with respect to trafficking in human 
organs— 
‘‘(i) a list of the 10 countries deter-
mined to be the largest source of illegally 
trafficked human organs during the period 
covered by the report and a list of the 10 
countries determined to be the largest re-
cipients of illegally trafficked human or-
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gans during the period covered by the re-
port; 
‘‘(ii) any actions taken by each coun-
try listed under clause (i) to address and 
prevent trafficking in human organs; 
‘‘(iii) any cooperative efforts by the 
United States and each country listed 
under clause (i) to address and prevent 
trafficking in human organs through joint 
public awareness campaigns; and 
‘‘(iv) information regarding practices 
of trafficking in human organs of each 
country listed under clause (i) in the De-
partment of State’s travel advisories.’’. 
SEC. 7. AMENDMENTS TO THE STATE DEPARTMENT BASIC 
AUTHORITIES ACT OF 1956. 
Section 42 of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2714) is amended— 
(1) in subsection (a), by striking ‘‘convicted of 
an offense described in subsection (b) of this section 
during the period described in subsection (c) of this 
section’’ and inserting ‘‘convicted of an offense de-
scribed in subsection (b) or (c) of this section during 
the period described in subsection (d) of this sec-
tion’’; 
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(2) by redesignating subsections (c), (d), and 
(e) as subsections (d), (e), and (f), respectively; and 
(3) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) HUMAN ORGAN TRAFFICKING OFFENSES.— 
Subsection (a) of this section applies with respect to any 
individual convicted of an offense under section 301 of the 
National Organ Transplant Act (42 U.S.C. 274e).’’. 
SEC. 8. ACTIONS UNDER THE INTERNATIONAL EMERGENCY 
ECONOMIC POWERS ACT. 
(a) IN GENERAL.—The President may exercise the 
authorities set forth in section 203 of the International 
Emergency Economic Powers Act (50 U.S.C. 1702) with-
out regard to section 202 of that Act (50 U.S.C. 1701) 
in the case of any of the following: 
(1) The export of anti-rejection human organ 
transplant drugs to countries identified by the Sec-
retary of State as the largest source of illegally traf-
ficked human organs or the largest recipients of ille-
gally trafficked human organs in the report required 
under section 110(b) of the Trafficking Victims Pro-
tection Act of 2000 (22 U.S.C. 7107(b)). 
(2) The travel abroad by United States citizens 
for the purpose of participation in any activity relat-
ing to human organ trafficking (as defined in section 
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103 of the Trafficking Victims Protection Act of 
2000). 
(b) PENALTIES.—The penalties set forth in section 
206 of the International Emergency Economic Powers Act 
(50 U.S.C. 1705) apply to violations of any license, order, 
or regulation issued under this section. 
Æ 
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