Sec. 5. Reports on forced organ harvesting and trafficking in persons for purposes of the removal of organs in foreign countries
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The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.) is amended— in section 116 ( 22 U.S.C. 2151n ), by adding at the end the following: 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. In this subsection: 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. 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) ). 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— coercion; abduction; deception; fraud; abuse of power or a position of vulnerability; or 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 in section 502B ( 22 U.S.C. 2304 )— by redesignating the second subsection
(i)(relating to child marriage status) as subsection (j); and by adding at the end the following: 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. 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). . 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: 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. A tiered ranking described in paragraph (2). The tiered ranking described in this paragraph is a tiered ranking of all foreign countries as follows: 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. The Assistant Secretary shall designate a country as tier 2 if the country has— 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 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. The Assistant Secretary shall designate a country as tier 3 if— the country has high levels of forced organ harvesting or trafficking in persons for purposes of the removal of organs; or the government of such country is directly or indirectly supporting forced organ harvesting or trafficking in persons for purposes of the removal of organs. The report required by this subsection shall be submitted in unclassified form. 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. 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— 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; 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 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.
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Sec. 5
Reports on forced organ harvesting and trafficking in persons for purposes of the removal of organs in foreign countries
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