Bill Summary
The STOP Organ Trafficking Act aims to combat the illegal trade of human organs, which is estimated to affect 10% of all transplanted kidneys globally. The Act states that the illegal harvesting of organs from vulnerable individuals violates human rights and ethical standards. It also calls for the establishment of efficient voluntary organ donation systems and the revocation or denial of passports to individuals involved in organ trafficking. The Act requires the Secretary of State to submit annual reports on trafficking in persons for organ removal, and defines terms such as "organ" and "trafficking in persons for purposes of the removal of organs." No additional funds are authorized for this Act.
Possible Impacts
1. This legislation could affect people involved in the illegal organ trade by imposing stricter penalties, such as the revocation or denial of passports for individuals convicted of organ trafficking.
2. It could also affect vulnerable individuals who may be targeted by organ traffickers, as the sense of Congress acknowledges the exploitation of the poor and unemployed in this industry.
3. This legislation could also affect international relations, as it requires the Secretary of State to report on countries' efforts to address and prevent organ trafficking and could potentially lead to diplomatic negotiations on the issue.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2121 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 2121
To combat trafficking in human organs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 8, 2019
Mr. Reschenthaler introduced the following bill; which was referred to
the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
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 in some cases 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 Article 3 of the Universal Declaration of Human
Rights, which states that ``Everyone has the right to life,
liberty and security of person.'', and 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 in persons for purposes of the removal of
organs.
SEC. 4. STATEMENT OF POLICY.
It shall be the policy of the United States to--
(1) combat the international trafficking in persons for
purposes of the removal of 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.), commonly known as the ``Passport Act of 1926'', is
amended by adding at the end the following new section:
``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.
Section 103 of the Trafficking Victims Protection Act of 2000 (22
U.S.C. 7102) is amended--
(1) in paragraph (11)--
(A) in subparagraph (A), by striking ``or'' after
the semicolon 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 in persons for purposes of the
removal of organs (as defined in paragraph (15)).'';
(2) by redesignating paragraphs (15) through (17) as
paragraphs (16) through (18), respectively; and
(3) by inserting after paragraph (14) the following new
paragraph:
``(15) Trafficking in persons for purposes of the removal
of organs.--
``(A) In general.--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).
``(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)).''.
SEC. 7. REPORTING.
(a) In General.--Not later than two years after the date of the
enactment of this Act and annually thereafter through 2026, 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 in persons for
purposes of the removal of 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 in persons
for purposes of the removal of organs.
(3) A description of activities undertaken by countries to
address and prevent trafficking in persons for purposes of the
removal of 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
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.
(c) Additional Matters To Be Included.--The reports required under
subsection (a) may include the following:
(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 in persons
for purposes of the removal of organs.
(4) Any other reports or information sources the Secretary
of State determines to be necessary and appropriate.
(d) 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)).
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 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 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 subparagraph (A).
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.
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