118 S761 IS: Stop Forced Organ Harvesting Act of 2023
U.S. Senate
2023-03-09
text/xml
EN
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II
118th CONGRESS
1st Session
S. 761
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.
1.

Short title
This Act may be cited as the “Stop Forced Organ Harvesting Act of 2023”.
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.
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).
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).
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).”.
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.