[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5016 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 5016

   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

                           December 15, 2020

  Mr. Cotton 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 
2020''.

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; and
            (3) to promote the dignity and security of human life in 
        accordance with the Universal Declaration of Human Rights, 
        adopted on December 10, 1948.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate; and
                    (B) the Committee on Foreign Affairs 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.

    Section 4076 of the Revised Statutes (22 U.S.C. 212) is amended--
            (1) by inserting ``(a)'' before ``No passport''; and
            (2) by adding at the end the following:
    ``(b)(1) 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, in the commission of such an offense, used a passport or 
crossed an international border.
    ``(2) The Secretary of State may revoke a passport previously 
issued to any individual described in paragraph (1).''.

SEC. 5. REPORTS ON FORCED ORGAN HARVESTING AND TRAFFICKING IN PERSONS 
              FOR PURPOSES OF THE REMOVAL OF ORGANS IN FOREIGN 
              COUNTRIES.

    (a) Inclusion of Information in Annual Country Reports on Human 
Rights Practices.--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).''.
    (b) Additional Reports.--
            (1) In general.--Not later than 30 days after the date on 
        which each annual report required by sections 116 and 502B of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2151n, 2304), as 
        amended by subsection (a), is submitted, the Assistant 
        Secretary of State for Democracy, Human Rights, and Labor (in 
        this subsection referred to as the ``Assistant Secretary''), 
        shall submit to the appropriate committees of Congress a report 
        that includes the following:
                    (A) With respect to each foreign country, an 
                identification of any agencies, instrumentalities, or 
                officials of the country that are responsible for 
                forced organ harvesting or trafficking in persons for 
                purposes of the removal of organs.
                    (B) A tiered ranking described in paragraph (2).
            (2) Tiered ranking.--The tiered ranking described in this 
        paragraph is a tiered ranking of all foreign countries as 
        follows:
                    (A) Tier 1 countries.--The Assistant Secretary 
                shall designate a country as tier 1 if the country has 
                low levels of forced organ harvesting or trafficking in 
                persons for purposes of the removal of organs and the 
                government of such country is making significant 
                efforts to combat those practices.
                    (B) Tier 2 countries.--The Assistant Secretary 
                shall designate a country as tier 2 if the country 
                has--
                            (i) low or intermediate levels of forced 
                        organ harvesting or trafficking in persons for 
                        purposes of the removal of organs and the 
                        government of such country is not making 
                        significant efforts to combat those practices; 
                        or
                            (ii) intermediate levels of forced organ 
                        harvesting or trafficking in persons for 
                        purposes of the removal of organs and the 
                        government of such country is making 
                        significant efforts to combat those practices.
                    (C) Tier 3 countries.--The Assistant Secretary 
                shall designate a country as tier 3 if--
                            (i) the country has high levels of forced 
                        organ harvesting or trafficking in persons for 
                        purposes of the removal of organs; or
                            (ii) the government of such country is 
                        directly or indirectly supporting forced organ 
                        harvesting or trafficking in persons for 
                        purposes of the removal of organs.
            (3) Form.--The report required by this subsection shall be 
        submitted in unclassified form.
    (c) Interim Reports.--In addition to the annual reports required by 
sections 116 and 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151n, 2304), as amended by subsection (a), the Secretary of State may 
submit to the appropriate committees of Congress at any time one or 
more interim reports with respect to the status of forced organ 
harvesting and trafficking in persons for purposes of the removal of 
organs in foreign countries, including information about countries 
whose governments have begun or ceased to make significant efforts to 
combat those practices since the date on which the most recent annual 
report was submitted under such sections.
    (d) Consideration of Significant Efforts.--In determining whether 
the government of a country is making significant efforts to combat 
forced organ harvesting and trafficking in persons for purposes of the 
removal of organs under subsections (b) and (c), the Secretary of State 
shall consider--
            (1) the extent to which the country is a country of origin, 
        transit, or destination for forced organ harvesting and 
        trafficking in persons for purposes of the removal of organs;
            (2) the extent of efforts by the government to combat 
        forced organ harvesting and trafficking in persons for purposes 
        of the removal of organs, and, particularly, the extent to 
        which officials or employees of the government have 
        participated in, facilitated, or condoned, or are otherwise 
        complicit in, those practices; and
            (3) the measures that would be reasonable for the 
        government to combat forced organ harvesting and trafficking in 
        persons for purposes of the removal of organs, considering the 
        resources and capabilities of the government.

SEC. 6. REPORT ON UNITED STATES MEDICAL AND EDUCATIONAL INSTITUTIONS AT 
              WHICH ORGAN TRANSPLANT SURGEONS FROM TIER 3 COUNTRIES ARE 
              TRAINED.

    (a) In General.--Not later than 180 days after the date on which 
each annual report required by sections 116 and 502B of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151n, 2304), as amended by section 
5(a), is submitted, the Secretary of State, in consultation with the 
Secretary of Health and Human Services, shall submit to Congress a 
report on medical and educational institutions and other entities in 
the United States at which organ transplant surgeons are trained.
    (b) Elements.--
            (1) In general.--Each report required by subsection (a) 
        shall include an identification of each medical or educational 
        institution or other entity in the United States at which one 
        or more organ transplant surgeons described in paragraph (2) 
        are trained as of the date on which the report is submitted.
            (2) Organ transplant surgeon described.--An organ 
        transplant surgeon described in this paragraph is an organ 
        transplant surgeon who--
                    (A) as of the date on which the report required by 
                subsection (a) is submitted, is employed by or 
                affiliated with an agency or instrumentality identified 
                in the most recent additional report required by 
                section 5(b) as being responsible for forced organ 
                harvesting or trafficking in persons for purposes of 
                the removal of organs; and
                    (B) is a citizen or national of a country 
                designated as a tier 3 country in the most recent 
                additional report required by section 5(b).

SEC. 7. PROHIBITION ON THE EXPORT OF ORGAN TRANSPLANT SURGERY DEVICES 
              TO CERTAIN ENTITIES.

    Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
381) is amended by adding at the end the following:
    ``(v) Prohibition on Export of Organ Transplant Surgery Devices to 
Certain Entities.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, a device that is intended for use in organ transplant 
        surgery may not be exported to any entity that is identified in 
        the most recent additional report required by section 5(b) of 
        the Stop Forced Organ Harvesting Act of 2020 as being 
        responsible for forced organ harvesting or trafficking in 
        persons for purposes of the removal of organs.
            ``(2) Coordination with the secretary of commerce.--The 
        Secretary shall coordinate with the Secretary of Commerce to 
        ensure compliance with paragraph (1).''.

SEC. 8. IMPOSITION OF SANCTIONS WITH RESPECT TO FORCED ORGAN HARVESTING 
              OR TRAFFICKING IN PERSONS FOR PURPOSES OF THE REMOVAL OF 
              ORGANS FACILITATED BY TIER 3 COUNTRIES.

    (a) List Required.--Not later than 180 days after the date on which 
each annual report required by sections 116 and 502B of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151n, 2304), as amended by section 
5(a), is submitted, the President shall submit to Congress a list of 
each person that the President determines--
            (1) funds, supports, sponsors, or otherwise facilitates 
        forced organ harvesting or trafficking in persons for purposes 
        of the removal of organs; and
            (2) is--
                    (A) an individual who is a citizen or national of a 
                country designated as a tier 3 country in the most 
                recent additional report required by section 5(b); or
                    (B) an entity organized under the laws of such a 
                country or otherwise subject to the jurisdiction of the 
                government of such a country.
    (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 international agreements.
    (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) United States Person Defined.--In this section, the term 
``United States person'' means--
            (1) a United States citizen or an alien lawfully admitted 
        for permanent residence to the United States; or
            (2) 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.
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