I
119THCONGRESS
1
STSESSION H. R. 1540
To provide for the imposition of sanctions with respect to forced organ
harvesting within the People’s Republic of China, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY24, 2025
Mr. P
ERRY(for himself, Mr. RYAN, Mr. FALLON, Mr. TIFFANY, Mr. BILI-
RAKIS, Mr. FITZPATRICK, Mr. OGLES, Mr. GOODEN, Mr. OWENS, and
Mr. W
EBERof Texas) introduced the following bill; which was referred
to the Committee on Foreign Affairs, and in addition to the Committee
on the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To provide for the imposition of sanctions with respect to
forced organ harvesting within the People’s Republic of
China, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Falun Gong Protection 4
Act’’. 5
SEC. 2. STATEMENT OF POLICY. 6
It is the policy of the United States to— 7
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(1) avoid any cooperation with the PRC in the 1
organ transplantation field while the Chinese Com-2
munist Party remains in power; 3
(2) take appropriate measures, including using 4
relevant sanctions authorities, to coerce the Chinese 5
Communist Party to end any state-sponsored organ 6
harvesting campaign; and 7
(3) work with allies, partners, and multilateral 8
institutions to highlight China’s persecution of 9
Falun Gong and coordinate closely with the inter-10
national community on targeted sanctions and visa 11
restrictions. 12
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO 13
FORCED ORGAN HARVESTING WITHIN THE 14
PEOPLE’S REPUBLIC OF CHINA. 15
(a) I
MPOSITION OFSANCTIONS.—The President shall 16
impose the sanctions described in subsection (c) with re-17
spect to each foreign person included in the most recent 18
list submitted pursuant to subsection (b). 19
(b) L
IST OFPERSONS.— 20
(1) I
N GENERAL.—Not later than 180 days 21
after the date of the enactment of this Act, the 22
President shall submit to the appropriate congres-23
sional committees a list of foreign persons who the 24
President determines to have knowingly and directly 25
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engaged in or facilitated the involuntary harvesting 1
of organs within the People’s Republic of China. 2
(2) U
PDATES OF LISTS.—The President shall 3
submit to the appropriate congressional committees 4
an updated list under paragraph (1)— 5
(A) as new information becomes available; 6
(B) not later than one year after the date 7
of the enactment of this Act; and 8
(C) annually thereafter until the date of 9
termination under subsection (h). 10
(3) F
ORM.—The list required by paragraph (1) 11
shall be submitted in unclassified form, but may in-12
clude a classified annex. 13
(c) S
ANCTIONSDESCRIBED.—The sanctions de-14
scribed in this subsection are the following: 15
(1) B
LOCKING OF PROPERTY .—The President 16
shall exercise all of the powers granted to the Presi-17
dent by the International Emergency Economic 18
Powers Act (50 U.S.C. 1701 et seq.) (except that 19
the requirements of section 202 of such Act (50 20
U.S.C. 1701) shall not apply) to the extent nec-21
essary to block and prohibit all transactions in prop-22
erty and interests in property of the person if such 23
property and interests in property are in the United 24
States, come within the United States, or are or 25
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come within the possession or control of a United 1
States person. 2
(2) I
NADMISSIBILITY OF CERTAIN INDIVID -3
UALS.— 4
(A) I
NELIGIBILITY FOR VISAS, ADMISSION, 5
OR PAROLE.—A foreign person included in the 6
most recent list submitted pursuant to sub-7
section (b) is— 8
(i) inadmissible to the United States; 9
(ii) ineligible to receive a visa or other 10
documentation to enter the United States; 11
and 12
(iii) otherwise ineligible to be admitted 13
or paroled into the United States or to re-14
ceive any other benefit under the Immigra-15
tion and Nationality Act (8 U.S.C. 1101 et 16
seq.). 17
(B) C
URRENT VISAS REVOKED .—A foreign 18
person described in subparagraph (A) is also 19
subject to the following: 20
(i) Revocation of any visa or other 21
entry documentation regardless of when 22
the visa or other entry documentation is or 23
was issued. 24
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(ii) A revocation under clause (i) shall 1
take effect immediately and automatically 2
cancel any other valid visa or entry docu-3
mentation that is in the foreign person’s 4
possession. 5
(3) E
XCEPTION.—Sanctions under paragraph 6
(2) shall not apply to an alien if admitting or parol-7
ing the alien into the United States is necessary to 8
permit the United States to comply with the Agree-9
ment regarding the Headquarters of the United Na-10
tions, signed at Lake Success June 26, 1947, and 11
entered into force November 21, 1947, between the 12
United Nations and the United States, or other ap-13
plicable international obligations of the United 14
States. 15
(d) P
ENALTIES.—The penalties provided for in sub-16
sections (b) and (c) of section 206 of the International 17
Emergency Economic Powers Act (50 U.S.C. 1705) shall 18
apply to a person who violates, attempts to violate, con-19
spires to violate, or causes a violation of regulations pro-20
mulgated to carry out subsection (a) to the same extent 21
that such penalties apply to a person who commits an un-22
lawful act described in section 206(a) of that Act. 23
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(e) EXCEPTIONTOCOMPLYWITHNATIONALSECU-1
RITY.—The following activities shall be exempt from sanc-2
tions under this section: 3
(1) Activities subject to the reporting require-4
ments under title V of the National Security Act of 5
1947 (50 U.S.C. 3091 et seq.). 6
(2) Any authorized intelligence or law enforce-7
ment activities of the United States. 8
(f) E
XCEPTIONRELATING TOPROVISION OFHUMAN-9
ITARIANASSISTANCE.—Sanctions under this section may 10
not be imposed with respect to transactions or the facilita-11
tion of transactions for— 12
(1) the sale of agricultural commodities, food, 13
or medicine; 14
(2) the provision of vital humanitarian assist-15
ance; 16
(3) financial transactions relating to humani-17
tarian assistance or for humanitarian purposes; or 18
(4) transporting goods or services that are nec-19
essary to carry out operations relating to humani-20
tarian assistance or humanitarian purposes. 21
(g) W
AIVERAUTHORITY.— 22
(1) W
AIVER.—The President may, on a case by 23
case basis, waive the imposition of any sanction 24
under this section if the President determines such 25
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waiver is in the vital national security interest of the 1
United States. 2
(2) R
EPORTS.—Not later than 120 days after 3
the date on which the President submits the list 4
under subsection (b), and every 120 days thereafter 5
until the date of termination under subsection (h), 6
the President shall submit to the appropriate con-7
gressional committees a report on the extent to 8
which the President has used the waiver authority 9
under paragraph (1) during the period covered by 10
that report. 11
(h) S
UNSET.—The authority to impose sanctions 12
under this section shall terminate on the date that is 5 13
years after the date of the enactment of this Act. 14
SEC. 4. REPORT. 15
(a) I
NGENERAL.—Not later than one year after the 16
date of the enactment of this Act, the Secretary of State, 17
in consultation with the Secretary of Health and Human 18
Services and the Director of the National Institutes of 19
Health, shall submit to the appropriate congressional com-20
mittees a report on the organ transplant policies and prac-21
tices of the People’s Republic of China. 22
(b) M
ATTERSTOBEINCLUDED.—The report re-23
quired under subsection (a) shall include— 24
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(1) a summary of de jure and de facto policies 1
toward organ transplantation in the PRC, including 2
with respect to prisoners of conscience (including 3
Falun Gong) and other prisoners; 4
(2)(A) the number of organ transplants that 5
are known to occur or are estimated to occur on an 6
annual basis in the PRC; 7
(B) the number of known or estimated vol-8
untary organ donors in the PRC; 9
(C) an assessment of the sources of organs for 10
transplant in the PRC; and 11
(D) an assessment of the time, in days, that it 12
takes to procure an organ for transplant within the 13
Chinese medical system and an assessment of wheth-14
er such timetable is possible based on the number of 15
known or estimated organ donors in the PRC; 16
(3) a list of all United States grants over the 17
past ten years that have supported research on 18
organ transplantation in the PRC or in collaboration 19
between a Chinese and a United States entity; and 20
(4) a determination as to whether the persecu-21
tion of Falun Gong practitioners within the People’s 22
Republic of China constitutes an ‘‘atrocity’’ (as such 23
term is defined in section 6 of the Elie Wiesel Geno-24
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cide and Atrocities Prevention Act of 2018 (Public 1
Law 115–441; 22 U.S.C. 2656 note)). 2
(c) F
ORM.—The report required under subsection (a) 3
shall be submitted in unclassified form, but may include 4
a classified annex. 5
SEC. 5. EXCEPTION RELATING TO IMPORTATION OF 6
GOODS. 7
(a) I
NGENERAL.—The authorities and requirements 8
to impose sanctions authorized under this Act shall not 9
include the authority or requirement to impose sanctions 10
on the importation of goods. 11
(b) G
OODDEFINED.—In this section, the term 12
‘‘good’’ means any article, natural or man-made sub-13
stance, material, supply or manufactured product, includ-14
ing inspection and test equipment, and excluding technical 15
data. 16
SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DE-17
FINED. 18
In this Act, the term ‘‘appropriate congressional com-19
mittees’’ means— 20
(1) the Committee on Foreign Affairs of the 21
House of Representatives; and 22
(2) the Committee on Foreign Relations of the 23
Senate. 24
Æ
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