Falun Gong Protection Act

IIB 118TH CONGRESS 2D SESSION H. R. 4132 IN THE SENATE OF THE UNITED STATES JULY 8, 2024 Received; read twice and referred to the Committee on Foreign Relations AN ACT 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 VerDate Sep 11 2014 02:54 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4132.RFS H4132 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 HR 4132 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Falun Gong Protection 2 Act’’. 3 SEC. 2. STATEMENT OF POLICY. 4 It is the policy of the United States to— 5 (1) avoid any cooperation with the PRC in the 6 organ transplantation field while the Chinese Com- 7 munist Party remains in power; 8 (2) take appropriate measures, including using 9 relevant sanctions authorities, to coerce the Chinese 10 Communist Party to end any state-sponsored organ 11 harvesting campaign; and 12 (3) work with allies, partners, and multilateral 13 institutions to highlight China’s persecution of 14 Falun Gong and coordinate closely with the inter- 15 national community on targeted sanctions and visa 16 restrictions. 17 SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO 18 FORCED ORGAN HARVESTING WITHIN THE 19 PEOPLE’S REPUBLIC OF CHINA. 20 (a) IMPOSITION OF SANCTIONS.—The President shall 21 impose the sanctions described in subsection (c) with re- 22 spect to each foreign person included in the most recent 23 list submitted pursuant to subsection (b). 24 (b) LIST OF PERSONS.— 25 VerDate Sep 11 2014 02:54 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4132.RFS H4132 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 HR 4132 RFS (1) IN GENERAL.—Not later than 180 days 1 after the date of the enactment of this Act, the 2 President shall submit to the appropriate congres- 3 sional committees a list of foreign persons who the 4 President determines to have knowingly and directly 5 engaged in or facilitated the involuntary harvesting 6 of organs within the People’s Republic of China. 7 (2) UPDATES OF LISTS.—The President shall 8 submit to the appropriate congressional committees 9 an updated list under paragraph (1)— 10 (A) as new information becomes available; 11 (B) not later than one year after the date 12 of the enactment of this Act; and 13 (C) annually thereafter until the date of 14 termination under subsection (h). 15 (3) FORM.—The list required by paragraph (1) 16 shall be submitted in unclassified form, but may in- 17 clude a classified annex. 18 (c) SANCTIONS DESCRIBED.—The sanctions de- 19 scribed in this subsection are the following: 20 (1) BLOCKING OF PROPERTY.—The President 21 shall exercise all of the powers granted to the Presi- 22 dent by the International Emergency Economic 23 Powers Act (50 U.S.C. 1701 et seq.) (except that 24 the requirements of section 202 of such Act (50 25 VerDate Sep 11 2014 02:54 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4132.RFS H4132 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 HR 4132 RFS U.S.C. 1701) shall not apply) to the extent nec- 1 essary to block and prohibit all transactions in prop- 2 erty and interests in property of the person if such 3 property and interests in property are in the United 4 States, come within the United States, or are or 5 come within the possession or control of a United 6 States person. 7 (2) INADMISSIBILITY OF CERTAIN INDIVID- 8 UALS.— 9 (A) INELIGIBILITY FOR VISAS, ADMISSION, 10 OR PAROLE.—A foreign person included in the 11 most recent list submitted pursuant to sub- 12 section (b) is— 13 (i) inadmissible to the United States; 14 (ii) ineligible to receive a visa or other 15 documentation to enter the United States; 16 and 17 (iii) otherwise ineligible to be admitted 18 or paroled into the United States or to re- 19 ceive any other benefit under the Immigra- 20 tion and Nationality Act (8 U.S.C. 1101 et 21 seq.). 22 (B) CURRENT VISAS REVOKED.—A foreign 23 person described in subparagraph (A) is also 24 subject to the following: 25 VerDate Sep 11 2014 02:54 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4132.RFS H4132 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 HR 4132 RFS (i) Revocation of any visa or other 1 entry documentation regardless of when 2 the visa or other entry documentation is or 3 was issued. 4 (ii) A revocation under clause (i) shall 5 take effect immediately and automatically 6 cancel any other valid visa or entry docu- 7 mentation that is in the foreign person’s 8 possession. 9 (3) EXCEPTION.—Sanctions under paragraph 10 (2) shall not apply to an alien if admitting or parol- 11 ing the alien into the United States is necessary to 12 permit the United States to comply with the Agree- 13 ment regarding the Headquarters of the United Na- 14 tions, signed at Lake Success June 26, 1947, and 15 entered into force November 21, 1947, between the 16 United Nations and the United States, or other ap- 17 plicable international obligations of the United 18 States. 19 (d) PENALTIES.—The penalties provided for in sub- 20 sections (b) and (c) of section 206 of the International 21 Emergency Economic Powers Act (50 U.S.C. 1705) shall 22 apply to a person who violates, attempts to violate, con- 23 spires to violate, or causes a violation of regulations pro- 24 mulgated to carry out subsection (a) to the same extent 25 VerDate Sep 11 2014 02:54 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4132.RFS H4132 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 HR 4132 RFS that such penalties apply to a person who commits an un- 1 lawful act described in section 206(a) of that Act. 2 (e) EXCEPTION TO COMPLY WITH NATIONAL SECU- 3 RITY.—The following activities shall be exempt from sanc- 4 tions under this section: 5 (1) Activities subject to the reporting require- 6 ments under title V of the National Security Act of 7 1947 (50 U.S.C. 3091 et seq.). 8 (2) Any authorized intelligence or law enforce- 9 ment activities of the United States. 10 (f) EXCEPTION RELATING TO PROVISION OF HUMAN- 11 ITARIAN ASSISTANCE.—Sanctions under this section may 12 not be imposed with respect to transactions or the facilita- 13 tion of transactions for— 14 (1) the sale of agricultural commodities, food, 15 or medicine; 16 (2) the provision of vital humanitarian assist- 17 ance; 18 (3) financial transactions relating to humani- 19 tarian assistance or for humanitarian purposes; or 20 (4) transporting goods or services that are nec- 21 essary to carry out operations relating to humani- 22 tarian assistance or humanitarian purposes. 23 (g) WAIVER AUTHORITY.— 24 VerDate Sep 11 2014 02:54 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4132.RFS H4132 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 HR 4132 RFS (1) WAIVER.—The President may, on a case by 1 case basis, waive the imposition of any sanction 2 under this section if the President determines such 3 waiver is in the vital national security interest of the 4 United States. 5 (2) REPORTS.—Not later than 120 days after 6 the date on which the President submits the list 7 under subsection (b), and every 120 days thereafter 8 until the date of termination under subsection (h), 9 the President shall submit to the appropriate con- 10 gressional committees a report on the extent to 11 which the President has used the waiver authority 12 under paragraph (1) during the period covered by 13 that report. 14 (h) SUNSET.—The authority to impose sanctions 15 under this section shall terminate on the date that is 5 16 years after the date of the enactment of this Act. 17 SEC. 4. REPORT. 18 (a) IN GENERAL.—Not later than one year after the 19 date of the enactment of this Act, the Secretary of State, 20 in consultation with the Secretary of Health and Human 21 Services and the Director of the National Institutes of 22 Health, shall submit to the appropriate congressional com- 23 mittees a report on the organ transplant policies and prac- 24 tices of the People’s Republic of China. 25 VerDate Sep 11 2014 02:54 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4132.RFS H4132 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 HR 4132 RFS (b) MATTERS TO BE INCLUDED.—The report re- 1 quired under subsection (a) shall include— 2 (1) a summary of de jure and de facto policies 3 toward organ transplantation in the PRC, including 4 with respect to prisoners of conscience (including 5 Falun Gong) and other prisoners; 6 (2)(A) the number of organ transplants that 7 are known to occur or are estimated to occur on an 8 annual basis in the PRC; 9 (B) the number of known or estimated vol- 10 untary organ donors in the PRC; 11 (C) an assessment of the sources of organs for 12 transplant in the PRC; and 13 (D) an assessment of the time, in days, that it 14 takes to procure an organ for transplant within the 15 Chinese medical system and an assessment of wheth- 16 er such timetable is possible based on the number of 17 known or estimated organ donors in the PRC; 18 (3) a list of all United States grants over the 19 past ten years that have supported research on 20 organ transplantation in the PRC or in collaboration 21 between a Chinese and a United States entity; and 22 (4) a determination as to whether the persecu- 23 tion of Falun Gong practitioners within the People’s 24 Republic of China constitutes an ‘‘atrocity’’ (as such 25 VerDate Sep 11 2014 02:54 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4132.RFS H4132 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 HR 4132 RFS term is defined in section 6 of the Elie Wiesel Geno- 1 cide and Atrocities Prevention Act of 2018 (Public 2 Law 115–441; 22 U.S.C. 2656 note)). 3 (c) FORM.—The report required under subsection (a) 4 shall be submitted in unclassified form, but may include 5 a classified annex. 6 SEC. 5. EXCEPTION RELATING TO IMPORTATION OF 7 GOODS. 8 (a) IN GENERAL.—The authorities and requirements 9 to impose sanctions authorized under this Act shall not 10 include the authority or requirement to impose sanctions 11 on the importation of goods. 12 (b) GOOD DEFINED.—In this section, the term 13 ‘‘good’’ means any article, natural or man-made sub- 14 stance, material, supply or manufactured product, includ- 15 ing inspection and test equipment, and excluding technical 16 data. 17 SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DE- 18 FINED. 19 In this Act, the term ‘‘appropriate congressional com- 20 mittees’’ means— 21 (1) the Committee on Foreign Affairs of the 22 House of Representatives; and 23 VerDate Sep 11 2014 02:54 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4132.RFS H4132 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 HR 4132 RFS (2) the Committee on Foreign Relations of the 1 Senate. 2 Passed the House of Representatives June 25, 2024. Attest: KEVIN F. MCCUMBER, Clerk. VerDate Sep 11 2014 02:54 Jul 09, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4132.RFS H4132 kjohnson on DSK7ZCZBW3PROD with $$_JOB