,i #aafth ,,congress #b;d ,session ,h4 ,r4 #higb ,,in ,,the ,,house ,,of ,,representatives ,december #ae1 #bjbj,mr4 ,smith of ,new ,jersey 7for himself and ,mr4 ,suozzi7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on ,energy and ,commerce1 and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to combat forced organ harvesting and trafficking in persons for purposes of the removal of organs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,forced ,organ ,harvesting ,act of #bjbj4 #b4 ,statement of policy ,it shall be the policy of the ,united ,states-- 7#a7 to combat international trafficking in persons for purposes of the removal of organs2 7#b7 to promote the establishment of voluntary organ donation systems with effective enforcement mechanisms in bilateral diplomatic meetings and in international health forums2 and 7#c7 to promote the dignity and security of human life in accordance with the ,universal ,declaration of ,human ,rights1 adopted on ,december #aj1 #aidh4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,forced organ harvesting ,the term forced organ harvesting means the removal of one or more organs from a person by means of coercion1 abduction1 deception1 fraud1 or abuse of power or a position of vulnerability4 7#c7 ,organ ,the term organ has the meaning given the term human organ in section #cja7;c77#a7 of the ,national ,organ ,transplant ,act 7#db ,u4,s4,c4 #bgd;e7c77#a774 7#d7 ,trafficking in persons for purposes of the removal of organs ,the term trafficking in persons for purposes of the removal of organs means the recruitment1 transportation1 transfer1 harboring1 or receipt of a person for the purpose of removing one or more of such person's organs1 by means of-- 7,a7 coercion2 7,b7 abduction2 7,c7 deception2 7,d7 fraud2 7,e7 abuse of power or a position of vulnerability2 or 7,f7 transfer of payments or benefits to achieve the consent of a person having control over a person described in the matter preceding subparagraph 7,a74 #d4 ,authority to deny or revoke passports ,section #djgf of the ,revised ,statutes 7#bb ,u4,s4,c4 #bab7 is amended-- 7#a7 by inserting 7a7 before ,no passport2 and 7#b7 by adding at the end the following3 7b7 7#a7 ,the ,secretary of ,state may refuse to issue a passport to any individual who has been convicted of an offense under section #cja of the ,national ,organ ,transplant ,act 7#db ,u4,s4,c4 #bgd;e7 if such individual1 in the commission of such an offense1 used a passport or crossed an international border4 7#b7 ,the ,secretary of ,state may revoke a passport previously issued to any individual described in paragraph 7#a74 4 #e4 ,reports on forced organ harvesting and trafficking in persons for purposes of the removal of organs in foreign countries 7a7 ,inclusion of information in annual country reports on human rights practices ,the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq47 is amended-- 7#a7 in section #aaf 7#bb ,u4,s4,c4 #baean71 by adding at the end the following3 7h7 ,forced organ harvesting and trafficking in persons for purposes of the removal of organs 7#a7 ,in general ,the report required by subsection 7d7 shall include an assessment of forced organ harvesting and trafficking in persons for purposes of the removal of organs in each foreign country4 7#b7 ,definitions ,in this subsection3 7,a7 ,forced organ harvesting ,the term forced organ harvesting means the removal of one or more organs from a person by means of coercion1 abduction1 deception1 fraud1 or abuse of power or a position of vulnerability4 7,b7 ,organ ,the term organ has the meaning given the term human organ in section #cja7;c77#a7 of the ,national ,organ ,transplant ,act 7#db ,u4,s4,c4 #bgd;e7c77#a774 7,c7 ,trafficking in persons for purposes of the removal of organs ,the term trafficking in persons for purposes of the removal of organs means the recruitment1 transportation1 transfer1 harboring1 or receipt of a person for the purpose of removing one or more of such person's organs1 by means of-- 7i7 coercion2 7ii7 abduction2 7iii7 deception2 7iv7 fraud2 7v7 abuse of power or a position of vulnerability2 or 7vi7 transfer of payments or benefits to achieve the consent of a person having control over a person described in the matter preceding clause 7i74 2 and 7#b7 in section #ejb;,b 7#bb ,u4,s4,c4 #bcjd7-- 7,a7 by redesignating the second subsection 7i7 7relating to child marriage status7 as subsection 7j72 and 7,b7 by adding at the end the following3 7k7 ,forced organ harvesting and trafficking in persons for purposes of the removal of organs 7#a7 ,in general ,the report required by subsection 7b7 shall include an assessment of forced organ harvesting and trafficking in persons for purposes of the removal of organs in each foreign country4 7#b7 ,definitions ,in this subsection1 the terms forced organ harvesting1 organ1 and trafficking in persons for purposes of the removal of organs have the meanings given those terms in section #aaf7;h77#b74 4 7b7 ,additional reports 7#a7 ,in general ,not later than #cj days after the date on which each annual report required by sections #aaf and #ejb;,b of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean1 #bcjd71 as amended by subsection 7a71 is submitted1 the ,assistant ,secretary of ,state for ,democracy1 ,human ,rights1 and ,labor 7in this subsection referred to as the ,assistant ,secretary71 shall submit to the appropriate committees of ,congress a report that includes the following3 7,a7 ,with respect to each foreign country1 an identification of any agencies1 instrumentalities1 or officials of the country that are responsible for forced organ harvesting or trafficking in persons for purposes of the removal of organs4 7,b7 ,a tiered ranking described in paragraph 7#b74 7#b7 ,tiered ranking ,the tiered ranking described in this paragraph is a tiered ranking of all foreign countries as follows3 7,a7 ,tier #a countries ,the ,assistant ,secretary shall designate a country as tier #a 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 practices4 7,b7 ,tier #b countries ,the ,assistant ,secretary shall designate a country as tier #b if the country has-- 7i7 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 practices2 or 7ii7 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 practices4 7,c7 ,tier #c countries ,the ,assistant ,secretary shall designate a country as tier #c if-- 7i7 the country has high levels of forced organ harvesting or trafficking in persons for purposes of the removal of organs2 or 7ii7 the government of such country is directly or indirectly supporting forced organ harvesting or trafficking in persons for purposes of the removal of organs4 7#c7 ,form ,the report required by this subsection shall be submitted in unclassified form4 7c7 ,interim reports ,in addition to the annual reports required by sections #aaf and #ejb;,b of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean1 #bcjd71 as amended by subsection 7a71 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 countries1 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 sections4 7d7 ,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 7b7 and 7c71 the ,secretary of ,state shall consider-- 7#a7 the extent to which the country is a country of origin1 transit1 or destination for forced organ harvesting and trafficking in persons for purposes of the removal of organs2 7#b7 the extent of efforts by the government to combat forced organ harvesting and trafficking in persons for purposes of the removal of organs1 and1 particularly1 the extent to which officials or employees of the government have participated in1 facilitated1 or condoned1 or are otherwise complicit in1 those practices2 and 7#c7 the measures that would be reasonable for the government to combat forced organ harvesting and trafficking in persons for purposes of the removal of organs1 considering the resources and capabilities of the government4 #f4 ,report on ,united ,states medical and educational institutions at which organ transplant surgeons from tier #c countries are trained 7a7 ,in general ,not later than #ahj days after the date on which each annual report required by sections #aaf and #ejb;,b of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean1 #bcjd71 as amended by section #e7;a71 is submitted1 the ,secretary of ,state1 in consultation with the ,secretary of ,health and ,human ,services1 shall submit to ,congress a report on medical and educational institutions and other entities in the ,united ,states at which organ transplant surgeons are trained4 7b7 ,elements 7#a7 ,in general ,each report required by subsection 7a7 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 7#b7 are trained as of the date on which the report is submitted4 7#b7 ,organ transplant surgeon described ,an organ transplant surgeon described in this paragraph is an organ transplant surgeon who-- 7,a7 as of the date on which the report required by subsection 7a7 is submitted1 is employed by or affiliated with an agency or instrumentality identified in the most recent additional report required by section #e7;b7 as being responsible for forced organ harvesting or trafficking in persons for purposes of the removal of organs2 and 7,b7 is a citizen or national of a country designated as a tier #c country in the most recent additional report required by section #e7;b74 #g4 ,prohibition on the export of organ transplant surgery devices to certain entities ,section #hja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cha7 is amended by adding at the end the following3 7v7 ,prohibition on export of organ transplant surgery devices to certain entities 7#a7 ,in general ,notwithstanding any other provision of this ,act1 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 #e7;b7 of the ,stop ,forced ,organ ,harvesting ,act of #bjbj as being responsible for forced organ harvesting or trafficking in persons for purposes of the removal of organs4 7#b7 ,coordination with the ,secretary of ,commerce ,the ,secretary shall coordinate with the ,secretary of ,commerce to ensure compliance with paragraph 7#a74 4 #h4 ,imposition of sanctions with respect to forced organ harvesting or trafficking in persons for purposes of the removal of organs facilitated by tier #c countries 7a7 ,list required ,not later than #ahj days after the date on which each annual report required by sections #aaf and #ejb;,b of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean1 #bcjd71 as amended by section #e7;a71 is submitted1 the ,president shall submit to ,congress a list of each person that the ,president determines-- 7#a7 funds1 supports1 sponsors1 or otherwise facilitates forced organ harvesting or trafficking in persons for purposes of the removal of organs2 and 7#b7 is-- 7,a7 an individual who is a citizen or national of a country designated as a tier #c country in the most recent additional report required by section #e7;b72 or 7,b7 an entity organized under the laws of such a country or otherwise subject to the jurisdiction of the government of such a country4 7b7 ,imposition of sanctions ,the ,president shall impose the following sanctions with respect to a person on the list required by subsection 7a73 7#a7 ,property blocking ,the ,president shall exercise all of the powers granted by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 7except that the requirements of section #bjb of such ,act 7#ej ,u4,s4,c4 #agja7 shall not apply7 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 ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,aliens inadmissible for visas1 admission1 or parole 7,a7 ,visas1 admission1 or parole ,in the case of an individual1 that individual is-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked 7i7 ,in general ,the visa or other entry documentation of the individual shall be revoked1 regardless of when such visa or other entry documentation is or was issued4 7ii7 ,immediate effect ,a revocation under clause 7i7 shall-- 7,i7 take effect immediately2 and 7,,ii7 automatically cancel any other valid visa or entry documentation that is in the individual's possession4 7c7 ,exceptions 7#a7 ,exception relating to importation of goods 7,a7 ,in general ,the authorities and requirements to impose sanctions under subsection 7b77#a7 shall not include the authority or a requirement to impose sanctions on the importation of goods4 7,b7 ,good defined ,in this paragraph1 the term good means any article1 natural or manmade substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 7#b7 ,exception to comply with international obligations ,subsection 7b77#b7 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 ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 under the ,convention on ,consular ,relations1 done at ,vienna ,april #bd1 #aifc1 and entered into force ,march #ai1 #aifg1 or under other international agreements4 7d7 ,implementation2 penalties 7#a7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of this section or any regulation1 license1 or order issued to carry out this section shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7e7 ,united states person defined ,in this section1 the term ,united ,states person means-- 7#a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7#b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4