[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3694 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 3694


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2016

     Received; read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 AN ACT


 
     To combat trafficking in human 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 ``Strategy To Oppose Predatory Organ 
Trafficking Act'' or the ``STOP Organ Trafficking Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The World Health Organization (WHO) estimates that 
        approximately 10 percent of all transplanted kidneys worldwide 
        are illegally obtained, often bought from vulnerable 
        impoverished persons or forcibly harvested from prisoners.
            (2) In 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.
            (3) On February 13, 2008, the United Nations Global 
        Initiative to Fight Human Trafficking (UNGIFT) hosted the 
        ``Vienna Forum to Fight Human Trafficking'', and subsequently 
        reported that a lack of adequate illicit organ trafficking laws 
        has provided opportunity for the illegal trade to grow.
            (4) On March 21, 2011, the Council of the European Union 
        adopted rules supplementing the definition of criminal offenses 
        and the level of sanctions in order to strengthen the 
        prevention of organ trafficking and the protection of those 
        victims.
            (5) In 2005, the United States ratified the Protocol to 
        Prevent, Suppress and Punish Trafficking in Persons, Especially 
        Women and Children, a supplement to the United Nations 
        Convention against Transnational Organized Crime, which 
        includes the removal of organs as a form of exploitation under 
        the definition of ``trafficking in persons''.
            (6) 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--
            (1) the kidnapping or coercion of individuals for the 
        purpose of extracting their organs for profit is in 
        contradiction of the ideals and standards for ethical behavior 
        upon which the United States has based its laws;
            (2) the illegal harvesting of organs from children is a 
        violation of the human rights of the child and is a breach of 
        internationally accepted medical ethical standards described in 
        WHO Assembly Resolution 57.18 (May 22, 2004);
            (3) the illegal harvesting and trafficking of organs 
        violates the Universal Declaration of Human Rights, in Article 
        3 which states that ``Everyone has the right to life, liberty 
        and security of person.'', and in Article 4 which states that 
        ``No one shall be held in slavery or servitude.''; and
            (4) establishing efficient voluntary organ donation systems 
        with strong enforcement mechanisms is the most effective way to 
        combat trafficking of persons for the removal of their organs.

SEC. 4. STATEMENT OF POLICY.

    It shall be the policy of the United States to--
            (1) combat the international trafficking of persons for the 
        removal of their organs;
            (2) promote the establishment of voluntary organ donation 
        systems with effective enforcement mechanisms in bilateral 
        diplomatic meetings, as well as in international health forums; 
        and
            (3) promote the dignity and security of human life in 
        accordance with the Universal Declaration of Human Rights.

SEC. 5. REVOCATION OR DENIAL OF PASSPORTS TO INDIVIDUALS WHO ARE ORGAN 
              TRAFFICKERS.

    The Act entitled ``An Act to regulate the issue and validity of 
passports, and for other purposes'', approved July 3, 1926 (22 U.S.C. 
211a et seq.), which is commonly known as the ``Passport Act of 1926'', 
is amended by adding at the end the following:

``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT.

    ``(a) Issuance.--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) if 
such individual used a passport or otherwise crossed an international 
border in the commission of such an offence.
    ``(b) Revocation.--The Secretary of State may revoke a passport 
previously issued to any individual described in paragraph (1).''.

SEC. 6. AMENDMENTS TO THE TRAFFICKING VICTIMS PROTECTION 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 (9)--
                    (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 new 
                subparagraph:
                    ``(C) trafficking of persons for the removal of 
                their organs (as defined in paragraph (13)).'';
            (2) by redesignating paragraphs (13) through (15) as 
        paragraphs (14) through (16), respectively; and
            (3) by inserting after paragraph (12) the following new 
        paragraph:
            ``(13) Trafficking of persons for the removal of their 
        organs.--
                    ``(A) In general.--The term `trafficking of persons 
                for the removal of their organs' means the recruitment, 
                transportation, transfer, harboring, or receipt of a 
                person, either living or deceased, for the purpose of 
                removing one or more of the 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).
                    ``(B) Organ defined.--In subparagraph (A), 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)).''.
    (b) Interagency Task Force to Monitor and Combat Trafficking.--
Section 105(d)(3) of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7103(d)(3)) is amended by inserting after the first sentence the 
following new sentence: ``Such procedures shall include collection and 
organization of data from human rights officers at United States 
embassies on host country's laws against trafficking of persons for the 
removal of their organs and any instances of violations of such 
laws.''.

SEC. 7. REPORTING.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, and annually thereafter through 2024, the 
Secretary of State shall submit to the appropriate congressional 
committees a comprehensive report that includes the following 
information:
            (1) A description of the sources, practices, methods, 
        facilitators, and recipients of trafficking of persons for the 
        removal of their organs during the period covered by each such 
        report.
            (2) A description of activities undertaken by the 
        Department of State, either unilaterally or in cooperation with 
        other countries, to address and prevent trafficking of persons 
        for the removal of their organs.
            (3) A description of activities undertaken by countries to 
        address and prevent trafficking of persons for the removal of 
        their organs.
    (b) 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 
countries' laws against trafficking of persons for the removal of their 
organs, including enforcement of such laws, or any instances of 
violations of such laws.
    (c) Additional Matters To Be Included.--The reports required under 
subsection (a) may include--
            (1) information provided in meetings with host country 
        officials;
            (2) information provided through cooperation with United 
        Nations or World Health Organization agencies;
            (3) communications and reports provided by nongovernmental 
        organizations working on the issue of trafficking of persons 
        for the removal of their organs; and
            (4) any other reports or information sources the Secretary 
        of State determines to be necessary and appropriate.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (2) 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)).
            (3) Trafficking of persons for the removal of their 
        organs.--The term ``trafficking of persons for the removal of 
        their organs'' means the recruitment, transportation, transfer, 
        harboring, or receipt of a person, either living or deceased, 
        for the purpose of removing one or more of the 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 clause (i).

SEC. 9. LIMITATION ON FUNDS.

    No additional funds are authorized to be appropriated to carry out 
this Act or any amendment made by this Act.

            Passed the House of Representatives June 13, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.