II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 4914 IS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Falun Gong Protection 

3 Act’’. 

4 SEC. 2. STATEMENT OF POLICY. 

5 It is the policy of the United States to— 

6 (1) avoid any cooperation with the People’s Re7 public of China in the organ transplantation field 

8 while the Chinese Communist Party remains in 

9 power; 

10 (2) take appropriate measures, including using 

11 relevant sanctions authorities, to coerce the Chinese 

12 Communist Party to end any state-sponsored organ 

13 harvesting campaign; 

14 (3) work with allies, partners, and multilateral 

15 institutions to highlight the People’s Republic of 

16 China’s persecution of Falun Gong; and 

17 (4) to coordinate closely with the international 

18 community on targeted sanctions and visa restric19 tions. 

20 SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO 

21 FORCED ORGAN HARVESTING WITHIN THE 

22 PEOPLE’S REPUBLIC OF CHINA. 

23 (a) IMPOSITION OF SANCTIONS.—The President shall 

24 impose the sanctions described in subsection (c) with re25 spect to each foreign person included in the most recent 

26 list submitted under subsection (b). 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 4914 IS

1 (b) LIST OF PERSONS.— 

2 (1) IN GENERAL.—Not later than 180 days 

3 after the date of the enactment of this Act, the 

4 President shall submit to the appropriate congres5 sional committees a list of foreign persons that the 

6 President determines to have knowingly and directly 

7 engaged in or facilitated the involuntary harvesting 

8 of organs within the People’s Republic of China. 

9 (2) UPDATES OF LISTS.—The President shall 

10 submit to the appropriate congressional committees 

11 an updated list under paragraph (1)— 

12 (A) as new information becomes available; 

13 (B) not later than one year after the date 

14 of the enactment of this Act; and 

15 (C) annually thereafter until the date of 

16 termination under subsection (h). 

17 (3) FORM.—The list required by paragraph (1) 

18 shall be submitted in unclassified form, but may in19 clude a classified annex. 

20 (c) SANCTIONS DESCRIBED.—The sanctions de21 scribed in this subsection are the following: 

22 (1) BLOCKING OF PROPERTY.—The President 

23 shall exercise all of the powers granted to the Presi24 dent by the International Emergency Economic 

25 Powers Act (50 U.S.C. 1701 et seq.) (except that 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 4914 IS

1 the requirements of section 202 of such Act (50 

2 U.S.C. 1701) shall not apply) to the extent nec3 essary to block and prohibit all transactions in prop4 erty and interests in property of a foreign person on 

5 the most recent list submitted under subsection (b) 

6 if such property and interests in property are in the 

7 United States, come within the United States, or are 

8 or come within the possession or control of a United 

9 States person. 

10 (2) INADMISSIBILITY OF CERTAIN INDIVID11 UALS.— 

12 (A) INELIGIBILITY FOR VISAS, ADMISSION, 

13 OR PAROLE.—An alien included in the most re14 cent list submitted under subsection (b) is— 

15 (i) inadmissible to the United States; 

16 (ii) ineligible to receive a visa or other 

17 documentation to enter the United States; 

18 and 

19 (iii) otherwise ineligible to be admitted 

20 or paroled into the United States or to re21 ceive any other benefit under the Immigra22 tion and Nationality Act (8 U.S.C. 1101 et 

23 seq.). 

24 (B) CURRENT VISA REVOKED.— 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 4914 IS

1 (i) IN GENERAL.—An alien described 

2 in subparagraph (A) is subject to revoca3 tion of any visa or other entry documenta4 tion regardless of when the visa or other 

5 entry documentation is or was issued. 

6 (ii) IMMEDIATE EFFECT.—A revoca7 tion under clause (i) shall— 

8 (I) take effect immediately; and 

9 (II) automatically cancel any 

10 other valid visa or entry documenta11 tion that is in the alien’s possession. 

12 (3) EXCEPTION.—Sanctions under paragraph 

13 (2) shall not apply to an alien if admitting or parol14 ing the alien into the United States is necessary to 

15 permit the United States to comply with the Agree16 ment regarding the Headquarters of the United Na17 tions, signed at Lake Success June 26, 1947, and 

18 entered into force November 21, 1947, between the 

19 United Nations and the United States, or other ap20 plicable international obligations of the United 

21 States. 

22 (d) PENALTIES.—The penalties provided for in sub23 sections (b) and (c) of section 206 of the International 

24 Emergency Economic Powers Act (50 U.S.C. 1705) shall 

25 apply to a person who violates, attempts to violate, conVerDate Sep 11 2014 20:55 Aug 29, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4914.IS S4914

ssavage on LAPJG3WLY3PROD with BILLS
6 

•S 4914 IS

1 spires to violate, or causes a violation of regulations pro2 mulgated to carry out subsection (a) to the same extent 

3 that such penalties apply to a person who commits an un4 lawful act described in section 206(a) of that Act. 

5 (e) EXCEPTION TO COMPLY WITH NATIONAL SECU6 RITY.—The following activities shall be exempt from sanc7 tions under this section: 

8 (1) Activities subject to the reporting require9 ments under title V of the National Security Act of 

10 1947 (50 U.S.C. 3091 et seq.). 

11 (2) Any authorized intelligence or law enforce12 ment activities of the United States. 

13 (f) EXCEPTION RELATING TO PROVISION OF HUMAN14 ITARIAN ASSISTANCE.—Sanctions under this section may 

15 not be imposed with respect to transactions or the facilita16 tion of transactions for— 

17 (1) the sale of agricultural commodities, food, 

18 or medicine; 

19 (2) the provision of vital humanitarian assist20 ance; 

21 (3) financial transactions relating to humani22 tarian assistance or for humanitarian purposes; or 

23 (4) transporting goods or services that are nec24 essary to carry out operations relating to humani25 tarian assistance or humanitarian purposes. 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•S 4914 IS

1 (g) WAIVER AUTHORITY.— 

2 (1) WAIVER.—The President may, on a case by 

3 case basis, waive the imposition of any sanction 

4 under this section if the President determines such 

5 waiver is in the vital national security interest of the 

6 United States. 

7 (2) REPORTS.—Not later than 120 days after 

8 the date on which the President submits the first list 

9 under subsection (b)(1), and every 120 days there10 after until the date of termination under subsection 

11 (h), the President shall submit to the appropriate 

12 congressional committees a report on the extent to 

13 which the President has used the waiver authority 

14 under paragraph (1) during the 120-day period pre15 ceding submission of the report. 

16 (h) SUNSET.—The authority to impose sanctions 

17 under this section shall terminate on the date that is 5 

18 years after the date of the enactment of this Act. 

19 (i) DEFINITIONS.—In this section: 

20 (1) ADMISSION; ADMITTED; ALIEN; LAWFULLY

21 ADMITTED FOR PERMANENT RESIDENCE.—The 

22 terms ‘‘admission’’, ‘‘admitted’’, ‘‘alien’’, and ‘‘law23 fully admitted for permanent residence’’ have the 

24 meanings given those terms in section 101 of the 

25 Immigration and Nationality Act (8 U.S.C. 1101). 


ssavage on LAPJG3WLY3PROD with BILLS
8 

•S 4914 IS

1 (2) FOREIGN PERSON.—The term ‘‘foreign per2 son’’ means an individual or entity that is not a 

3 United States person. 

4 (3) KNOWINGLY.—The term ‘‘knowingly’’, with 

5 respect to conduct, a circumstance, or a result, 

6 means that a person had actual knowledge, or 

7 should have known, of the conduct, the cir8 cumstance, or the result. 

9 (4) UNITED STATES PERSON.—The term 

10 ‘‘United States person’’ means— 

11 (A) a United States citizen or an alien law12 fully admitted for permanent residence to the 

13 United States; 

14 (B) an entity organized under the laws of 

15 the United States or any jurisdiction within the 

16 United States, including a foreign branch of 

17 such an entity; or 

18 (C) any person located in the United 

19 States. 

20 SEC. 4. REPORT ON ORGAN TRANSPLANT POLICIES AND 

21 PRACTICES OF THE PEOPLE’S REPUBLIC OF 

22 CHINA. 

23 (a) IN GENERAL.—Not later than one year after the 

24 date of the enactment of this Act, the Secretary of State, 

25 in consultation with the Secretary of Health and Human 


ssavage on LAPJG3WLY3PROD with BILLS
9 

•S 4914 IS

1 Services and the Director of the National Institutes of 

2 Health, shall submit to the appropriate congressional com3 mittees a report on the organ transplant policies and prac4 tices of the People’s Republic of China. 

5 (b) MATTERS TO BE INCLUDED.—The report re6 quired under subsection (a) shall include— 

7 (1) a summary of de jure and de facto policies 

8 toward organ transplantation in the People’s Repub9 lic of China, including with respect to prisoners of 

10 conscience (including Falun Gong) and other pris11 oners; 

12 (2)(A) the number of organ transplants that 

13 are known to occur or are estimated to occur on an 

14 annual basis in the People’s Republic of China; 

15 (B) the number of known or estimated vol16 untary organ donors in the People’s Republic of 

17 China; 

18 (C) an assessment of the sources of organs for 

19 transplant in the People’s Republic of China; and 

20 (D) an assessment of the time, in days, that it 

21 takes to procure an organ for transplant within the 

22 Chinese medical system and an assessment of wheth23 er such timetable is possible based on the number of 

24 known or estimated organ donors in the People’s Re25 public of China; 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•S 4914 IS

1 (3) a list of all United States grants during the 

2 10 years before the date of the enactment of this 

3 Act that have supported research on organ trans4 plantation in the People’s Republic of China or in 

5 collaboration between a Chinese entity and a United 

6 States entity; and 

7 (4) a determination as to whether the persecu8 tion of Falun Gong practitioners within the People’s 

9 Republic of China constitutes an ‘‘atrocity’’ (as such 

10 term is defined in section 6 of the Elie Wiesel Geno11 cide and Atrocities Prevention Act of 2018 (Public 

12 Law 115–441; 22 U.S.C. 2656 note)). 

13 (c) FORM.—The report required under subsection (a) 

14 shall be submitted in unclassified form, but may include 

15 a classified annex. 

16 SEC. 5. EXCEPTION RELATING TO IMPORTATION OF 

17 GOODS. 

18 (a) IN GENERAL.—The authorities and requirements 

19 to impose sanctions authorized under this Act shall not 

20 include the authority or requirement to impose sanctions 

21 on the importation of goods. 

22 (b) GOOD DEFINED.—In this section, the term 

23 ‘‘good’’ means any article, natural or man-made sub24 stance, material, supply or manufactured product, includVerDate Sep 11 2014 20:55 Aug 29, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4914.IS S4914

ssavage on LAPJG3WLY3PROD with BILLS
11 

•S 4914 IS

1 ing inspection and test equipment, and excluding technical 

2 data. 

3 SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DE4 FINED. 

5 In this Act, the term ‘‘appropriate congressional com6 mittees’’ means— 

7 (1) the Committee on Foreign Affairs of the 

8 House of Representatives; and 

9 (2) the Committee on Foreign Relations and 

10 the Committee on Banking, Housing, and Urban Af11 fairs of the Senate. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS