II
119THCONGRESS
1
STSESSION S. 817
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 SENATE OF THE UNITED STATES
MARCH3, 2025
Mr. C
RUZ(for himself, Mr. JOHNSON, Mr. SCOTTof Florida, and Mr. TILLIS)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
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— 7
(1) to avoid any cooperation with the People’s 8
Republic of China in the organ transplantation field 9
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while the Chinese Communist Party remains in 1
power; 2
(2) to take appropriate measures, including 3
using relevant sanctions authorities, to coerce the 4
Chinese Communist Party to end any state-spon-5
sored organ harvesting campaign; 6
(3) to work with allies, partners, and multilat-7
eral institutions to highlight the People’s Republic of 8
China’s persecution of Falun Gong; and 9
(4) to coordinate closely with the international 10
community on targeted sanctions and visa restric-11
tions. 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 under 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 that 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 a foreign person on 23
the most recent list submitted under subsection (b) 24
if such property and interests in property are in the 25
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United States, come within the United States, or are 1
or come within the possession or control of a United 2
States person. 3
(2) I
NADMISSIBILITY OF CERTAIN INDIVID -4
UALS.— 5
(A) I
NELIGIBILITY FOR VISAS, ADMISSION, 6
OR PAROLE.—An alien included in the most re-7
cent list submitted under subsection (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 VISA REVOKED .— 18
(i) I
N GENERAL.—An alien described 19
in subparagraph (A) is subject to revoca-20
tion of any visa or other entry documenta-21
tion regardless of when the visa or other 22
entry documentation is or was issued. 23
(ii) I
MMEDIATE EFFECT .—A revoca-24
tion under clause (i) shall— 25
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(I) take effect immediately; and 1
(II) automatically cancel any 2
other valid visa or entry documenta-3
tion that is in the alien’s possession. 4
(3) E
XCEPTION.—Sanctions under paragraph 5
(2) shall not apply to an alien if admitting or parol-6
ing the alien into the United States is necessary to 7
permit the United States to comply with the Agree-8
ment regarding the Headquarters of the United Na-9
tions, signed at Lake Success June 26, 1947, and 10
entered into force November 21, 1947, between the 11
United Nations and the United States, or other ap-12
plicable international obligations of the United 13
States. 14
(d) P
ENALTIES.—The penalties provided for in sub-15
sections (b) and (c) of section 206 of the International 16
Emergency Economic Powers Act (50 U.S.C. 1705) shall 17
apply to a person who violates, attempts to violate, con-18
spires to violate, or causes a violation of regulations pro-19
mulgated to carry out subsection (a) to the same extent 20
that such penalties apply to a person who commits an un-21
lawful act described in section 206(a) of that Act. 22
(e) E
XCEPTIONTOCOMPLYWITHNATIONALSECU-23
RITY.—The following activities shall be exempt from sanc-24
tions under this section: 25
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(1) Activities subject to the reporting require-1
ments under title V of the National Security Act of 2
1947 (50 U.S.C. 3091 et seq.). 3
(2) Any authorized intelligence or law enforce-4
ment activities of the United States. 5
(f) E
XCEPTIONRELATING TOPROVISION OFHUMAN-6
ITARIANASSISTANCE.—Sanctions under this section may 7
not be imposed with respect to transactions or the facilita-8
tion of transactions for— 9
(1) the sale of agricultural commodities, food, 10
or medicine; 11
(2) the provision of vital humanitarian assist-12
ance; 13
(3) financial transactions relating to humani-14
tarian assistance or for humanitarian purposes; or 15
(4) transporting goods or services that are nec-16
essary to carry out operations relating to humani-17
tarian assistance or humanitarian purposes. 18
(g) W
AIVERAUTHORITY.— 19
(1) W
AIVER.—The President may, on a case by 20
case basis, waive the imposition of any sanction 21
under this section if the President determines such 22
waiver is in the vital national security interest of the 23
United States. 24
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(2) REPORTS.—Not later than 120 days after 1
the date on which the President submits the first list 2
under subsection (b)(1), and every 120 days there-3
after until the date of termination under subsection 4
(h), the President shall submit to the appropriate 5
congressional committees a report on the extent to 6
which the President has used the waiver authority 7
under paragraph (1) during the 120-day period pre-8
ceding submission of the report. 9
(h) S
UNSET.—The authority to impose sanctions 10
under this section shall terminate on the date that is 5 11
years after the date of the enactment of this Act. 12
(i) D
EFINITIONS.—In this section: 13
(1) A
DMISSION; ADMITTED; ALIEN; LAWFULLY 14
ADMITTED FOR PERMANENT RESIDENCE .—The 15
terms ‘‘admission’’, ‘‘admitted’’, ‘‘alien’’, and ‘‘law-16
fully admitted for permanent residence’’ have the 17
meanings given those terms in section 101 of the 18
Immigration and Nationality Act (8 U.S.C. 1101). 19
(2) F
OREIGN PERSON.—The term ‘‘foreign per-20
son’’ means an individual or entity that is not a 21
United States person. 22
(3) K
NOWINGLY.—The term ‘‘knowingly’’, with 23
respect to conduct, a circumstance, or a result, 24
means that a person had actual knowledge, or 25
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should have known, of the conduct, the cir-1
cumstance, or the result. 2
(4) U
NITED STATES PERSON .—The term 3
‘‘United States person’’ means— 4
(A) a United States citizen or an alien law-5
fully admitted for permanent residence to the 6
United States; 7
(B) an entity organized under the laws of 8
the United States or any jurisdiction within the 9
United States, including a foreign branch of 10
such an entity; or 11
(C) any person located in the United 12
States. 13
SEC. 4. REPORT ON ORGAN TRANSPLANT POLICIES AND 14
PRACTICES OF THE PEOPLE’S REPUBLIC OF 15
CHINA. 16
(a) I
NGENERAL.—Not later than one year after the 17
date of the enactment of this Act, the Secretary of State, 18
in consultation with the Secretary of Health and Human 19
Services and the Director of the National Institutes of 20
Health, shall submit to the appropriate congressional com-21
mittees a report on the organ transplant policies and prac-22
tices of the People’s Republic of China. 23
(b) M
ATTERSTOBEINCLUDED.—The report re-24
quired under subsection (a) shall include— 25
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(1) a summary of de jure and de facto policies 1
toward organ transplantation in the People’s Repub-2
lic of China, including with respect to prisoners of 3
conscience (including Falun Gong) and other pris-4
oners; 5
(2)(A) the number of organ transplants that 6
are known to occur or are estimated to occur on an 7
annual basis in the People’s Republic of China; 8
(B) the number of known or estimated vol-9
untary organ donors in the People’s Republic of 10
China; 11
(C) an assessment of the sources of organs for 12
transplant in the People’s Republic of China; and 13
(D) an assessment of the time, in days, that it 14
takes to procure an organ for transplant within the 15
Chinese medical system and an assessment of wheth-16
er such timetable is possible based on the number of 17
known or estimated organ donors in the People’s Re-18
public of China; 19
(3) a list of all United States grants during the 20
10 years before the date of the enactment of this 21
Act that have supported research on organ trans-22
plantation in the People’s Republic of China or in 23
collaboration between a Chinese entity and a United 24
States entity; and 25
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(4) a determination as to whether the persecu-1
tion of Falun Gong practitioners within the People’s 2
Republic of China constitutes an ‘‘atrocity’’ (as such 3
term is defined in section 6 of the Elie Wiesel Geno-4
cide and Atrocities Prevention Act of 2018 (Public 5
Law 115–441; 22 U.S.C. 2656 note)). 6
(c) F
ORM.—The report required under subsection (a) 7
shall be submitted in unclassified form, but may include 8
a classified annex. 9
SEC. 5. EXCEPTION RELATING TO IMPORTATION OF 10
GOODS. 11
(a) I
NGENERAL.—The authorities and requirements 12
to impose sanctions authorized under this Act shall not 13
include the authority or requirement to impose sanctions 14
on the importation of goods. 15
(b) G
OODDEFINED.—In this section, the term 16
‘‘good’’ means any article, natural or man-made sub-17
stance, material, supply or manufactured product, includ-18
ing inspection and test equipment, and excluding technical 19
data. 20
SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DE-21
FINED. 22
In this Act, the term ‘‘appropriate congressional com-23
mittees’’ means— 24
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(1) the Committee on Foreign Affairs of the 1
House of Representatives; and 2
(2) the Committee on Foreign Relations and 3
the Committee on Banking, Housing, and Urban Af-4
fairs of the Senate. 5
Æ
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