[Congressional Record Volume 172, Number 102 (Wednesday, June 17, 2026)]
[Senate]
[Pages S2909-S2911]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5854. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F--Falun Gong and Victims of Forced Organ Harvesting
Protection Act
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the ``Falun Gong and Victims
of Forced Organ Harvesting Protection Act''.
SEC. 1272. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Select Committee
on Intelligence of the Senate.
(2) Forced organ harvesting.--The term ``forced organ
harvesting'' means the removal of one or more organs from an
individual by means of coercion, abduction, deception, fraud,
or abuse of power or a position of vulnerability.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
(4) Organ.--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)).
SEC. 1273. FINDINGS.
Congress makes the following findings:
(1) Public and private organizations have persistently
expressed concerns regarding organ transplant policies and
practices in the People's Republic of China, including
allegations of forced organ harvesting of those
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targeted by authorities of the People's Republic of China
based on religious beliefs, ethnic background, or other
affiliations.
(2) The 2023 International Religious Freedom Report of the
Department of State stated, ``Civil society organizations
continued to express concern over reports that authorities
[of the People's Republic of China] forced members of
religious organizations, in particular Falun Gong members and
ethnic Uyghurs, to serve as organ donors.''.
(3) The Government of the People's Republic of China has
failed to provide a full, credible, and independently
verifiable response to repeated international calls for
increased accountability and transparency for its organ
transplant policies and practices, particularly allegations
related to forced organ harvesting.
(4) The United States Government, including the
intelligence community, has yet to provide its formal
assessment of allegations related to systemic organ
harvesting practices by the Government of the People's
Republic of China, including against Falun Gong
practitioners.
SEC. 1274. SENSE OF CONGRESS.
It is the sense of Congress that the United States
Government should--
(1) investigate allegations of systemic forced organ
harvesting in the People's Republic of China, including
incidents involving Falun Gong practitioners; and
(2) condemn illegal, coercive, non-consensual, or non-
transparent organ procurement and transplantation practices,
including forced organ harvesting from prisoners of
conscience.
SEC. 1275. 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 forced organ harvesting
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), and any
updates to the list required by paragraph (2), 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, in accordance with section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i))--
(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 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 national
security interests 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. 1276. 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,
the Director of the National Institutes of Health, and the
heads of relevant elements of the intelligence community,
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 formal determination as to whether the Government of
the People's Republic of China engages, or formerly engaged,
in systemic forced organ harvesting practices and policies;
(2) 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
practitioners of Falun Gong), other prisoners, and victims of
forced organ harvesting;
(3)(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 medical system of
the People's Republic of China and an assessment of whether
such timetable is possible based on the number of known or
estimated voluntary organ donors in the People's Republic of
China;
(4) 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 an entity of
the People's Republic of China and a United States entity;
and
(5) if the determination made under paragraph (1) is that
the Government of the People's Republic of China engages, or
formerly engaged, in systemic forced organ harvesting
practices and policies, a determination as to
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whether forced organ harvesting 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. 1277. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions authorized under this subtitle 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.
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