[Congressional Record Volume 162, Number 93 (Monday, June 13, 2016)]
[House]
[Pages H3721-H3724]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STRATEGY TO OPPOSE PREDATORY ORGAN TRAFFICKING ACT
Mr. ROYCE. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3694) to combat trafficking in human organs, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3694
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
[[Page H3722]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Royce) and the gentleman from New York (Mr. Engel) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. ROYCE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include any extraneous material on this bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to thank Mr. Trott and Mr. Deutch for introducing
this important bill. The concept here is to combat the horrific crime
of human trafficking for organ removal. And, as always, I appreciate
the support of the ranking member, Mr. Eliot Engel, in moving this
antitrafficking bill forward.
As hard as it is for us to accept this, as shocking as this is, the
circumstances are such that rising global demand and a lack of adequate
laws in many countries has fueled the growth of a worldwide black
market for transplant organs.
The World Health Organization estimates that 10 percent of all
transplanted organs worldwide are illegally obtained. That would mean
that they were being coerced from vulnerable populations or forcibly
harvested from prisoners. Often these prisoners are shot first in order
to obtain organs, such as hearts, corneas, or lungs. They
[[Page H3723]]
are taken from hostages. They are taken from oppressed minorities. An
example would be kidneys or part of a liver.
These abuses are more than just grave human rights violations. They
also have worldwide implications for national security and public
health. What do we mean when we say implications for national security?
Well, criminal organizations and terrorist groups are increasingly
engaging in this black market industry that is valued now at a billion
dollars.
To give you some of the most extreme examples: ISIS recently issued a
fatwa sanctioning forced organ harvesting from captives and, as they
call them, from apostates; and traffickers smuggling refugees into
Europe have reportedly coerced organ donations, coerced a kidney as
payment for travel.
A number of studies have underscored how this shady commerce also
creates biosecurity threats to the rest of the world. Recipients of
infected tissue or organs may become human carriers of disease. Or
another problem is drug-resistant pathogens that contribute to the
spread of pandemics and antibiotic resistance.
Now, the U.S. has led the fight against human trafficking, and I
would add, with help from the Foreign Affairs Committee, with help from
the legislation that we, our members on the committee, have authored.
This bill continues and expands that effort, and it does so by
closing the gap in U.S. law that currently fails to recognize the
trafficking in persons for the removal of their organs as a form of
human trafficking.
Specifically, this bill also makes it the policy of the United States
to combat such trafficking, to promote the adoption of effective
voluntary organ donation systems in bilateral engagements and
multinational health forums that we have with other countries. And it
requires an annual report to Congress, an annual report on human
trafficking for organ removal, which details activities by our State
Department and by other countries to combat this crime.
Finally, the bill allows for the revocation of passports from any
individual that is involved in this kind of activity, that is convicted
of an organ trafficking offense under the National Organ Transplant
Act, as well as permitting the denial of visas to applicants with such
convictions.
So I urge all Members to support this important measure.
I reserve the balance of my time.
Mr. ENGEL. Mr. Speaker, I rise in support of this measure, and I
yield myself such time as I may consume.
Before I begin, this is the first time I have spoken on the House
floor since the horrific attack in Orlando, and I just want to take a
brief moment to talk about it. This was a shocking hate crime against
the LGBT community, a jarring and disgusting attack on our LGBT
brothers and sisters, and on the progress LGBT rights have made in this
country. And, of course, this was also a terrorist attack, and we need
to look at it in the broader context of how we're working to meet the
challenge of violent extremism here and around the world.
Mr. Speaker, since yesterday morning, there has been an outpouring of
thoughts and prayers for the victims in Orlando and their loved ones;
and, to be sure, moral and spiritual support are a part of how we
grieve and heal.
We are all angry about this heinous attack. We are all heartbroken.
We are all committed to finding answers. We are all standing together,
and we will move forward from this tragedy together.
But, as lawmakers, we are empowered to do more than think and pray.
In fact, we are certainly empowered to do more. I certainly have my
views on what is necessary on the domestic side to stop this slaughter
by gun violence, but I will leave that contentious debate aside for the
moment.
What I will say is that, on the Foreign Affairs Committee,
Republicans and Democrats have found a great deal of common ground on
what sort of measures will help to keep us safe and to confront the
threat of violent extremism. What has guided us in the past: the spirit
of nonpartisanship and the belief that politics should stop at the
water's edge, should continue to inform our work.
Turning to this bill, let me thank the chairman of the Foreign
Affairs Committee, Ed Royce; and I want to thank Mr. Trott and Mr.
Deutch for all of their hard work on this measure.
The World Health Organization estimates that 10 percent of all
transplanted organs worldwide are illegally obtained. That is an
alarming number; but, like so many illegal enterprises, this is a crime
that is poorly understood, that seeks out zones of impunity where the
light of the law doesn't shine and where information is hard to come
by.
So with a handful of estimates and reports, we are left asking: Who
are the victims of this crime? How do they become trapped by this
illegal trade? What pressures and vulnerabilities made them
susceptible? What are governments doing to halt the practice to track
down those responsible and to provide services to survivors? Should
this challenge be included in our efforts to confront modern slavery,
or is this a different sort of problem altogether?
This bill will help us get answers to these questions. It calls for a
report on this crime that will allow us to connect the dots. Once we
know what we are dealing with, then we can figure out the best way to
act and chart a path forward. So I am glad to support it. I thank the
chairman and the bill's sponsors again.
I reserve the balance of my time.
Mr. ROYCE. Mr. Speaker, I yield 4 minutes to the gentleman from
Michigan (Mr. Trott), who is the author of this bill.
Mr. TROTT. Mr. Speaker, I want to begin by thanking Chairman Royce,
Ranking Member Engel, the committee staff, and Mena Hanna from my
office for their work on H.R. 3694. I also want to thank my colleague,
Representative Deutch, for coauthoring the STOP Organ Trafficking Act
with me.
Illegal trafficking of human organs has long been a terrible and
heinous crime, but unfortunately our policies and laws have not kept
pace with this outrageous practice.
China has been inexplicably targeting the Falun Gong for years, and
more recently, ISIS has reportedly been resorting to this brutal
practice to finance their nefarious activities and strike fear in the
hearts of innocent people.
Late last year, ISIS released a religious edict stating that taking
organs from a living captive to save a Muslim's life was permissible,
making religious minorities all over the Middle East, like the
Chaldeans and the Assyrians, even more vulnerable.
Other helpless groups of people, like refugees, have reportedly been
selling their organs on the black market through dealers who then sell
the organs to foreign countries in what is quickly becoming an
unchecked and lucrative business.
Mr. Speaker, it is time for the United States to take a leading role
in combatting this heinous crime and standing with the world's most
vulnerable. We must ensure that our country is doing everything within
our power to destroy any revenue stream that ISIS relies on to further
its terrorist activities.
My bill is a start to this lengthy process, and I urge my colleagues
to vote in support of this timely legislation.
Mr. ENGEL. Mr. Speaker, I reserve the balance of my time.
Mr. ROYCE. Mr. Speaker, I yield 4 minutes to the gentleman from New
Jersey (Mr. Smith).
{time} 1745
Mr. SMITH of New Jersey. Mr. Speaker, I want to thank Chairman Royce
again for bringing this important bill to the floor, and to Eliot Engel
for his leadership and Mr. Deutch, and especially to Mr. Trott, the
sponsor of H.R. 3694, the Strategy To Oppose Predatory Organ
Trafficking Act. This legislation recognizes and seeks to more
effectively combat what is a growing manifestation of trafficking in
persons for the sole purpose of organ removal, often for great profit
for the traffickers.
Mr. Trott's legislation requires the Department of State to develop a
robust strategy to combat this heinous practice. We have long heard
rumors and horror stories of migrants held captive in sub-Saharan
Africa and the Sinai Peninsula, their organs taken
[[Page H3724]]
and their bodies dumped because their families could not afford the
ransom.
Twenty years ago, I chaired a human rights hearing in my subcommittee
with a Chinese security official who testified that he and his other
security agents were executing prisoners--with doctors, of course,
there and ambulances--in order to steal their organs for transplant.
Since then, this horrific practice has skyrocketed.
Recent evidence from researchers Ethan Gutmann and David Matas shows
that organ transplants in China have increased almost exponentially,
not decreased. There is a bizarre availability of organs in Chinese
military hospitals and China's transplant apparatus that can often
issue a tissue match and find an organ transplant within 2 weeks for
any foreign tourist with cash.
This initiative by Mr. Trott will require the State Department to do
a more thorough analysis of trafficking in persons for the purpose of
organ removal in China and elsewhere around the world, informing a
strategy to stop this crime against humanity.
Any American, Mr. Speaker, traveling to China for an organ transplant
in 2016 should now be on notice that they may be participating in human
trafficking of a vulnerable person or of a prisoner. Americans must not
turn a blind eye to the ambiguous origins of a proffered organ. H.R.
3694 will help ensure that Americans are certain that they are
receiving transplants only in countries that prohibit and actively
suppress organ harvesting from trafficking victims.
I thank the gentleman for his legislation.
Mr. ENGEL. Mr. Speaker, I yield myself such time as I may consume to
close.
Mr. Speaker, in recent years, the United States has made tremendous
progress shining a light on poorly understood problems around the world
and working to find solutions: human trafficking, the advancement of
women and girls, the importance of protecting our oceans, and combating
climate change. A generation ago, no one considered these foreign
policy issues, but today we are prioritizing every single one of them.
That is what we are trying to do now with respect to organ
trafficking. This legislation will give us a fuller understanding of
this problem so that we can act in the most effective way possible.
This is, again, a great bipartisan measure. I thank Mr. Trott and Mr.
Deutch and Chairman Royce. I am happy to support this measure.
Mr. Speaker, I yield back the balance of my time.
Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
The scourge of illegal organ trafficking has been pretty well
documented, and you heard, here, Congressman David Trott explain the
fatwa that has now been put out by ISIS that not only excuses the
effort to go after Yazidis and Christians and others that they call
apostates, but all captives are open to losing a kidney or forced organ
transplant. The intention here is to make a market in this in the
Middle East.
But it does not just occur there, within the boundaries of ISIS'
caliphate. This is a crime that reportedly occurs in some 20 countries,
in all regions of the world.
So I thank Mr. Trott and Mr. Deutch for introducing this legislation.
I also thank Mr. Engel, and I want to commend Sarah Blocher of the
Committee on Foreign Affairs professional staff for years of excellent
work on this issue and her assistance to the authors.
The STOP Organ Trafficking Act addresses a critical challenge to
human rights, to our national security, to our public health, and it
deserves our unanimous support.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Royce) that the House suspend the rules
and pass the bill, H.R. 3694, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________