[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4914 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4914

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

                             July 31, 2024

  Mr. Rubio (for himself, Mr. Johnson, Mr. Marshall, 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Falun Gong Protection Act''.

SEC. 2. STATEMENT OF POLICY.

    It is the policy of the United States to--
            (1) avoid any cooperation with the People's Republic of 
        China in the organ transplantation field while the Chinese 
        Communist Party remains in power;
            (2) take appropriate measures, including using relevant 
        sanctions authorities, to coerce the Chinese Communist Party to 
        end any state-sponsored organ harvesting campaign;
            (3) work with allies, partners, and multilateral 
        institutions to highlight the People's Republic of China's 
        persecution of Falun Gong; and
            (4) to coordinate closely with the international community 
        on targeted sanctions and visa restrictions.

SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FORCED ORGAN HARVESTING 
              WITHIN THE PEOPLE'S REPUBLIC OF CHINA.

    (a) Imposition of Sanctions.--The President shall impose the 
sanctions described in subsection (c) with respect to each foreign 
person included in the most recent list submitted under subsection (b).
    (b) List of Persons.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to the 
        appropriate congressional committees a list of foreign persons 
        that the President determines to have knowingly and directly 
        engaged in or facilitated the involuntary harvesting of organs 
        within the People's Republic of China.
            (2) Updates of lists.--The President shall submit to the 
        appropriate congressional committees an updated list under 
        paragraph (1)--
                    (A) as new information becomes available;
                    (B) not later than one year after the date of the 
                enactment of this Act; and
                    (C) annually thereafter until the date of 
                termination under subsection (h).
            (3) Form.--The list required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
    (c) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Blocking of property.--The President shall exercise all 
        of the powers granted to the President by the International 
        Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except 
        that the requirements of section 202 of such Act (50 U.S.C. 
        1701) shall not apply) to the extent necessary to block and 
        prohibit all transactions in property and interests in property 
        of a foreign person on the most recent list submitted under 
        subsection (b) if such property and interests in property are 
        in the United States, come within the United States, or are or 
        come within the possession or control of a United States 
        person.
            (2) Inadmissibility of certain individuals.--
                    (A) Ineligibility for visas, admission, or 
                parole.--An alien included in the most recent list 
                submitted under subsection (b) is--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visa revoked.--
                            (i) In general.--An alien described in 
                        subparagraph (A) is subject to revocation of 
                        any visa or other entry documentation 
                        regardless of when the visa or other entry 
                        documentation is or was issued.
                            (ii) Immediate effect.--A revocation under 
                        clause (i) shall--
                                    (I) take effect immediately; and
                                    (II) automatically cancel any other 
                                valid visa or entry documentation that 
                                is in the alien's possession.
            (3) Exception.--Sanctions under paragraph (2) shall not 
        apply to an alien if admitting or paroling the alien into the 
        United States is necessary to permit the United States to 
        comply with the Agreement regarding the Headquarters of the 
        United Nations, signed at Lake Success June 26, 1947, and 
        entered into force November 21, 1947, between the United 
        Nations and the United States, or other applicable 
        international obligations of the United States.
    (d) Penalties.--The penalties provided for in subsections (b) and 
(c) of section 206 of the International Emergency Economic Powers Act 
(50 U.S.C. 1705) shall apply to a person who violates, attempts to 
violate, conspires to violate, or causes a violation of regulations 
promulgated to carry out subsection (a) to the same extent that such 
penalties apply to a person who commits an unlawful act described in 
section 206(a) of that Act.
    (e) Exception To Comply With National Security.--The following 
activities shall be exempt from sanctions under this section:
            (1) Activities subject to the reporting requirements under 
        title V of the National Security Act of 1947 (50 U.S.C. 3091 et 
        seq.).
            (2) Any authorized intelligence or law enforcement 
        activities of the United States.
    (f) Exception Relating to Provision of Humanitarian Assistance.--
Sanctions under this section may not be imposed with respect to 
transactions or the facilitation of transactions for--
            (1) the sale of agricultural commodities, food, or 
        medicine;
            (2) the provision of vital humanitarian assistance;
            (3) financial transactions relating to humanitarian 
        assistance or for humanitarian purposes; or
            (4) transporting goods or services that are necessary to 
        carry out operations relating to humanitarian assistance or 
        humanitarian purposes.
    (g) Waiver Authority.--
            (1) Waiver.--The President may, on a case by case basis, 
        waive the imposition of any sanction under this section if the 
        President determines such waiver is in the vital national 
        security interest of the United States.
            (2) Reports.--Not later than 120 days after the date on 
        which the President submits the first list under subsection 
        (b)(1), and every 120 days thereafter until the date of 
        termination under subsection (h), the President shall submit to 
        the appropriate congressional committees a report on the extent 
        to which the President has used the waiver authority under 
        paragraph (1) during the 120-day period preceding submission of 
        the report.
    (h) Sunset.--The authority to impose sanctions under this section 
shall terminate on the date that is 5 years after the date of the 
enactment of this Act.
    (i) Definitions.--In this section:
            (1) Admission; admitted; alien; lawfully admitted for 
        permanent residence.--The terms ``admission'', ``admitted'', 
        ``alien'', and ``lawfully admitted for permanent residence'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Foreign person.--The term ``foreign person'' means an 
        individual or entity that is not a United States person.
            (3) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person had 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (4) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States;
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) any person located in the United States.

SEC. 4. REPORT ON ORGAN TRANSPLANT POLICIES AND PRACTICES OF THE 
              PEOPLE'S REPUBLIC OF CHINA.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of State, in consultation with the 
Secretary of Health and Human Services and the Director of the National 
Institutes of Health, shall submit to the appropriate congressional 
committees a report on the organ transplant policies and practices of 
the People's Republic of China.
    (b) Matters To Be Included.--The report required under subsection 
(a) shall include--
            (1) a summary of de jure and de facto policies toward organ 
        transplantation in the People's Republic of China, including 
        with respect to prisoners of conscience (including Falun Gong) 
        and other prisoners;
            (2)(A) the number of organ transplants that are known to 
        occur or are estimated to occur on an annual basis in the 
        People's Republic of China;
            (B) the number of known or estimated voluntary organ donors 
        in the People's Republic of China;
            (C) an assessment of the sources of organs for transplant 
        in the People's Republic of China; and
            (D) an assessment of the time, in days, that it takes to 
        procure an organ for transplant within the Chinese medical 
        system and an assessment of whether such timetable is possible 
        based on the number of known or estimated organ donors in the 
        People's Republic of China;
            (3) a list of all United States grants during the 10 years 
        before the date of the enactment of this Act that have 
        supported research on organ transplantation in the People's 
        Republic of China or in collaboration between a Chinese entity 
        and a United States entity; and
            (4) a determination as to whether the persecution of Falun 
        Gong practitioners within the People's Republic of China 
        constitutes an ``atrocity'' (as such term is defined in section 
        6 of the Elie Wiesel Genocide and Atrocities Prevention Act of 
        2018 (Public Law 115-441; 22 U.S.C. 2656 note)).
    (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.

SEC. 5. EXCEPTION RELATING TO IMPORTATION OF GOODS.

    (a) In General.--The authorities and requirements to impose 
sanctions authorized under this Act shall not include the authority or 
requirement to impose sanctions on the importation of goods.
    (b) Good Defined.--In this section, the term ``good'' means any 
article, natural or man-made substance, material, supply or 
manufactured product, including inspection and test equipment, and 
excluding technical data.

SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Foreign Affairs of the House of 
        Representatives; and
            (2) the Committee on Foreign Relations and the Committee on 
        Banking, Housing, and Urban Affairs of the Senate.
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