Stop Predatory Organ Trafficking Act of 2021
Bill: H.R.1434 | Sponsor: Rep. Reschenthaler, Guy (R-PA)
Policy area: International Affairs

Summary:
Stop Predatory Organ Trafficking Act of 2021
This bill authorizes the imposition of visa-blocking sanctions on a foreign individual who has committed or facilitated the trafficking in persons for the purpose of organ removal.
The Department of State must report to foreign ministries the names of individuals convicted of crimes related to organ purchasing for consideration regarding the issuance of visas to such individuals. The State Department must also submit an annual report to Congress that includes descriptions of (1) the sources, practices, methods, facilitators, and recipients of trafficking in persons for the purpose of organ removal; and (2) State Department and foreign country activities undertaken to address and prevent such trafficking.

To combat trafficking in persons for the removal of their 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 Predatory Organ Trafficking Act 
of 2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Global Financial Integrity estimates that up to 10 
        percent of all transplants rely on organs that have been 
        illicitly obtained. These organs are often bought from 
        vulnerable, impoverished persons.
            (2) The illicit organ trade is lucrative; demand is high, 
        and buyers can pay up to over $200,000 to secure a kidney 
        outside the legitimate market according to Global Financial 
        Integrity. By some estimates, organ trafficking raises between 
        $840 million and $1.7 billion. This can bankroll terrorist and 
        transnational crime activity.
            (3) It has been reported that the Islamic State has used 
        stolen organs to finance its war activities and to treat 
        injured fighters, sanctioning the removal of organs from living 
        captives.
            (4) A severe shortage of transplanted organs helps fuel 
        organ trafficking. As of 2014, according to the Global 
        Observatory on Donation and Transplantation, the 120,000 
        transplants conducted globally only accounted for 10 percent of 
        the patients waiting for an organ transplant.
            (5) According to a 2013 United Nations report from the 
        Special Rapporteur on trafficking in persons, especially women 
        and children, the economic and social divisions within and 
        among countries is notably reflected in the illicit organ 
        trafficking market, in which the victims are commonly poor, 
        unemployed, and more susceptible to deceit and extortion.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that establishing efficient voluntary 
organ donation systems with strong enforcement mechanisms is an 
effective way to combat trafficking in persons for purposes of the 
removal of organs.

SEC. 4. IMPOSITION OF VISA SANCTIONS.

    (a) In General.--
            (1) Determination.--An alien who the Secretary of State or 
        the Secretary of Homeland Security (or a designee of one of 
        such Secretaries) knows, or has reason to believe, has 
        committed or facilitated the trafficking in persons for 
        purposes of the removal of organs may be determined to be--
                    (A) removable from the United States;
                    (B) inadmissible to the United States;
                    (C) ineligible to receive a visa or other 
                documentation to enter the United States; and
                    (D) 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.).
            (2) Reporting of names.--The Secretary of State shall 
        report the names of persons who have been convicted of an 
        offense under section 301 of the National Organ Transplant Act 
        (42 U.S.C. 274e) to foreign ministries for future consideration 
        regarding the issuance of visas to such persons.
    (b) Reporting.--
            (1) In general.--Not later than two years after the date of 
        the enactment of this Act and annually thereafter through 2027, 
        the Secretary of State shall submit to the appropriate 
        congressional committees a comprehensive report that includes 
        the following information:
                    (A) A description of the sources, practices, 
                methods, facilitators, and recipients of trafficking in 
                persons for purposes of the removal of organs during 
                the period covered by each such report.
                    (B) A description of activities undertaken by the 
                Department of State, either unilaterally or in 
                cooperation with other countries, to address and 
                prevent trafficking in persons for purposes of the 
                removal of organs.
                    (C) A description of activities undertaken by 
                countries to address and prevent trafficking in persons 
                for purposes of the removal of organs.
            (2) Matters to be included.--The reports required under 
        subsection (a) shall include the collection and organization of 
        data from human rights officers at United States diplomatic and 
        consular posts on host country laws against trafficking in 
        persons for purposes of the removal of organs, including 
        enforcement of such laws, or any instances of violations of 
        such laws.
            (3) Additional matters to be included.--The reports 
        required under subsection (a) may include the following:
                    (A) Information provided in meetings with host 
                country officials.
                    (B) Information provided through cooperation with 
                United Nations or World Health Organization agencies.
                    (C) Communications and reports provided by 
                nongovernmental organizations working on the issue of 
                trafficking in persons for purposes of the removal of 
                organs.
                    (D) Any other reports or information sources the 
                Secretary of State determines to be necessary and 
                appropriate.
            (4) Relation to trafficking in persons report.--The reports 
        required under subsection (a) shall be deemed to satisfy the 
        reporting requirements relating to trafficking in persons for 
        purposes of the removal of organs under section 110(b) of the 
        Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)).
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