I 

117TH CONGRESS 

1ST SESSION H. R. 6319 

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 HOUSE OF REPRESENTATIVES 

DECEMBER 16, 2021 

Mr. PERRY introduced the following bill; which was referred to the Committee 

on Foreign Affairs, and in addition to the Committee on the Judiciary, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Falun Gong is a spiritual practice in the 

2 Buddhist tradition that espouses the principles of 

3 truthfulness, compassion, and forbearance. The 

4 practice was introduced in China by Mr. Li Hongzhi 

5 in 1992 and aims to improve physical, psychological, 

6 and spiritual well-being through exercise, meditation, 

7 and moral improvement. 

8 (2) On July 20, 1999, after years of escalating 

9 harassment by the government, then-General Sec10 retary Jiang Zemin launched an intensive, nation11 wide persecution designed to eradicate Falun Gong. 

12 Since then, the People’s Republic of China (PRC) 

13 has detained hundreds of thousands of Falun Gong 

14 practitioners. 

15 (3) In its 2020 Report on International Reli16 gious Freedom, released on May 12, 2021, the De17 partment of State stated in its entry on China, 

18 ‘‘Prior to the government’s 1999 ban on Falun 

19 Gong, the government estimated there were 70 mil20 lion adherents. Falun Gong sources estimate tens of 

21 millions continue to practice privately, and Freedom 

22 House estimates seven to 20 million practitioners.’’. 

23 (4) Freedom House in its Freedom in the 

24 World 2021 report entry on China stated that ‘‘the 

25 regime’s campaign to eradicate the Falun Gong spirVerDate Sep 11 2014 19:41 Dec 27, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6319.IH H6319

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1 itual group continued in 2020. Hundreds of Falun 

2 Gong practitioners have received long prison terms 

3 in recent years, and many others are arbitrarily de4 tained in various ‘legal education’ facilities. Detain5 ees typically face torture aimed at forcing them to 

6 abandon their beliefs, sometimes resulting in deaths 

7 in custody.’’. 

8 (5) In its 2021 report, the United States Com9 mission on International Religious Freedom stated 

10 in its key findings for China, ‘‘according to reports, 

11 thousands of Falun Gong practitioners were har12 assed and arrested during 2020 for practicing their 

13 faith, and some likely died due to abuse and torture 

14 while in custody. Credible international reports also 

15 suggested that organ harvesting, including from 

16 Falun Gong practitioners, likely continued.’’. 

17 (6) The widespread, systematic, state-sponsored 

18 persecution of the Falun Gong by the Chinese Com19 munist Party leadership of the PRC constitutes a 

20 clear violation of Falun Gong practitioners’ basic 

21 human rights and may constitute genocide. 

22 (7) The campaign against Falun Gong is over23 seen by central branches of the Chinese Communist 

24 Party, including the so-called ‘‘Central Leading 

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1 ligions’’. On May 12, 2021, Yu Hui, a former Office 

2 Director of this group, was targeted for sanctions by 

3 the United States Government. 

4 (8) Reports, such as those mentioned in this 

5 legislation, suggest that China’s organ transplan6 tation system does not comply with the majority of 

7 the World Health Organization’s Guiding Principles 

8 on Human Cell, Tissue and Organ Transplantation, 

9 insofar as organs are said to be primarily sourced 

10 from prisoners without voluntary consent, organs are 

11 reported to be traded for payment, the level of trans12 parency and traceability in the organ procurement 

13 process is low, and the Chinese Communist Party 

14 has prevented independent or impartial inspection, 

15 scrutiny and verification of its transplant system. 

16 (9) On June 14, 2021, a joint statement by 

17 United Nations human rights experts expressed ex18 treme alarm over ‘‘reports of alleged ‘organ har19 vesting’ targeting minorities, including Falun Gong 

20 practitioners, Uyghurs, Tibetans, Muslims, and 

21 Christians in detention in China’’. 

22 (10) Based on independent research and official 

23 statistics, it is clear that many organ transplants 

24 conducted in the PRC do not meet internationally 

25 accepted ethical standards. 


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1 (11) Freedom House in its Freedom in the 

2 World 2021 report entry on China stated that ‘‘The 

3 government claims it has ended the transplantation 

4 of organs from executed prisoners. However, the 

5 scale of the transplantation industry and the speed 

6 with which some organs are procured far exceed 

7 what is feasible via the country’s nascent voluntary 

8 donation system and there is growing international 

9 attention to possible crimes against humanity in con10 nection with the practice.’’. 

11 (12) A 2019 forensic statistical analysis of 

12 organ donation data in the PRC, published in the 

13 BMC Medical Ethics journal, concluded the fol14 lowing: ‘‘China’s apparent systematic falsification of 

15 national organ donation data severely undermines 

16 the good faith efforts being made to integrate China 

17 into the international transplantation community.’’. 

18 (13) The United States had approximately 145 

19 million registered organ donors in 2019: 19,257 per20 sons donated their organs, resulting in 39,719 trans21 plants; the ratio of actual donors to registered do22 nors is approximately 0.00013. Similar ratios are 

23 observed in the United Kingdom, Canada and other 

24 countries. By contrast, the PRC claimed to have 

25 more than 900,000 registered organ donors by early 


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1 2019; data from China also indicates 5,818 organ 

2 donors and 19,454 transplants in 2019, resulting in 

3 a ratio of actual donors to registered donors of 

4 0.0057. Although this comparison does not control 

5 for other possible variables, the fact that China’s 

6 nascent organ donation program yielded 44 times 

7 more organ donors from its organ donation pool 

8 than that of the United States in 2019 merits inter9 national scrutiny. 

10 (14) Credible evidence suggests that Falun 

11 Gong practitioners are subject to widespread forced 

12 organ harvesting and are specifically targeted for 

13 this barbaric practice. 

14 (15) In January of 2007, Canadian human 

15 rights attorney David Matas and former Canadian 

16 Secretary of State for the Asia Pacific region David 

17 Kilgour published findings confirming the likelihood 

18 that forced organ harvesting of Falun Gong practi19 tioners was occurring in China. They also concluded 

20 that there was no evidence of a voluntary donation 

21 system in the PRC at the time and that, in spite of 

22 this, the Chinese Government reported a dramatic 

23 escalation in its organ transplantation infrastructure 

24 (a three-fold increase) between 1999 and 2004, par25 allel to the onset of the persecution of Falun Gong. 


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1 (16) In 2016, Matas, Kilgour, and investigative 

2 journalist Ethan Gutmann published an exhaustive 

3 report concluding that it is likely that between 

4 60,000 and 100,000 organ transplants had been 

5 conducted per year since 2000, and that Falun Gong 

6 practitioners are the main source of organs for 

7 transplant in China. 

8 (17) In its annual report for 2020, the Con9 gressional-Executive Commission on China ref10 erenced reports raising concerns about the PRC fal11 sifying organ donation data, casting additional doubt 

12 on the CCP’s claim to have ended forced organ har13 vesting. 

14 (18) On March 1, 2020, the Independent Tri15 bunal into Forced Organ Harvesting from Prisoners 

16 of Conscience in China, an investigative entity 

17 known as a people’s tribunal commissioned by the 

18 International Coalition to End Transplant Abuse in 

19 China, composed of relevant legal, cultural, and 

20 medical experts and led by Sir Geoffrey Nice, re21 leased its final judgment, including— 

22 (A) very large numbers of transplant oper23 ations have been carried out in the PRC. The 

24 Tribunal assessed as credible the numbers of 

25 operations being between 60,000 and 90,000 


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1 annually in the years 2000 to 2014. The num2 ber of eligible registered donors was reportedly 

3 5,146 in 2017, leaving an incomprehensible 

4 gap; 

5 (B) ‘‘Forced organ harvesting has been 

6 committed for years throughout China on a sig7 nificant scale and that Falun Gong practi8 tioners have been one—and probably the 

9 main—source of organ supply’’; 

10 (C) ‘‘Falun Gong practitioners in detention 

11 were systematically subjected to blood tests and 

12 organ examinations’’ while other prisoners were 

13 not tested, suggesting that Falun Gong practi14 tioners were specifically selected or targeted for 

15 these medical examinations; and 

16 (D) ‘‘. . . the PRC and its leaders actively 

17 incited the persecution, the imprisonment, mur18 der, torture and the humiliation of Falun Gong 

19 practitioners with the sole purpose of elimi20 nating the practice of, and belief in, the value 

21 of Falun Gong.’’. 

22 (19) The international nongovernmental organi23 zation Doctors Against Forced Organ Harvesting 

24 presented a petition with over three million signa25 tures collected worldwide between 2012 to 2018 to 


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1 the United Nations High Commissioner for Human 

2 Rights, calling for an investigation into forced organ 

3 harvesting of Falun Gong that went unheeded. 

4 (20) In June 2016, the House of Representa5 tives passed its fifth resolution condemning China’s 

6 persecution of Falun Gong with H. Res. 343 114, 

7 ‘‘Expressing concern regarding persistent and cred8 ible reports of systematic, state-sanctioned organ 

9 harvesting from non-consenting prisoners of con10 science in the People’s Republic of China, including 

11 from large numbers of Falun Gong practitioners and 

12 members of other religious and ethnic minority 

13 groups’’ and calling for an end to the ‘‘eradication’’ 

14 campaign of Falun Gong and forced organ har15 vesting. 

16 SEC. 3. SENSE OF CONGRESS. 

17 It is the sense of Congress that— 

18 (1) killing a human being through involuntary 

19 organ extraction is an egregious violation of uni20 versal standards of medical ethics and is in direct 

21 contradiction of basic standards of human decency; 

22 (2) the forced harvesting of organs violates Ar23 ticle 3 of the Universal Declaration of Human 

24 Rights, which states that ‘‘Everyone has the right to 

25 life, liberty and security of person.’’, and Article 4, 


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1 which states that ‘‘No one shall be held in slavery 

2 or servitude.’’; 

3 (3) the United Nations Human Rights Council 

4 should issue a formal condemnation of the People’s 

5 Republic of China (PRC) for its persecution of 

6 Falun Gong; 

7 (4) any collaboration with or participation in 

8 the PRC’s organ transplant system by the United 

9 States Government or a United States person or or10 ganization presents serious ethical challenges that 

11 would jeopardize the integrity of the United States 

12 organ transplantation system; and 

13 (5) the Chinese Communist Party’s state-spon14 sored persecution of Falun Gong must come to an 

15 immediate end. 

16 SEC. 4. STATEMENT OF POLICY. 

17 It is the policy of the United States to— 

18 (1) avoid any cooperation with the PRC in the 

19 organ transplantation field while the Chinese Com20 munist Party remains in power; 

21 (2) take appropriate measures, including using 

22 relevant sanctions authorities, to coerce the Chinese 

23 Communist Party to end any state-sponsored organ 

24 harvesting campaign; and 


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

2 institutions to highlight China’s persecution of 

3 Falun Gong and coordinate closely with the inter4 national community on targeted sanctions and visa 

5 restrictions. 

6 SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO 

7 FORCED ORGAN HARVESTING WITHIN THE 

8 PEOPLE’S REPUBLIC OF CHINA. 

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

10 impose the sanctions described in subsection (c) with re11 spect to each foreign person included in the most recent 

12 list submitted pursuant to subsection (b). 

13 (b) LIST OF PERSONS.— 

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

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

16 President shall submit to the appropriate congres17 sional committees a list of foreign persons, including 

18 senior government officials, military leaders, and 

19 other persons who the President determines are 

20 knowingly responsible for or complicit in, or have di21 rectly or indirectly engaged in, the involuntary har22 vesting of organs within the People’s Republic of 

23 China. 


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

2 submit to the appropriate congressional committees 

3 an updated list under paragraph (1)— 

4 (A) as new information becomes available; 

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

6 of the enactment of this Act; and 

7 (C) annually thereafter for five years. 

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

9 shall be submitted in unclassified form, but may in10 clude a classified annex. 

11 (c) SANCTIONS DESCRIBED.—The sanctions de12 scribed in this subsection are the following: 

13 (1) BLOCKING OF PROPERTY.—The President 

14 shall exercise all of the powers granted to the Presi15 dent by the International Emergency Economic 

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

17 the requirements of section 202 of such Act (50 

18 U.S.C. 1701) shall not apply) to the extent nec19 essary to block and prohibit all transactions in prop20 erty and interests in property of the person if such 

21 property and interests in property are in the United 

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

23 come within the possession or control of a United 

24 States person. 


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1 (2) INADMISSIBILITY OF CERTAIN INDIVID2 UALS.— 

3 (A) INELIGIBILITY FOR VISAS, ADMISSION, 

4 OR PAROLE.—A foreign person included in the 

5 most recent list submitted pursuant to sub6 section (b) is— 

7 (i) inadmissible to the United States; 

8 (ii) ineligible to receive a visa or other 

9 documentation to enter the United States; 

10 and 

11 (iii) otherwise ineligible to be admitted 

12 or paroled into the United States or to re13 ceive any other benefit under the Immigra14 tion and Nationality Act (8 U.S.C. 1101 et 

15 seq.). 

16 (B) CURRENT VISAS REVOKED.—A foreign 

17 person described in subparagraph (A) is also 

18 subject to the following: 

19 (i) Revocation of any visa or other 

20 entry documentation regardless of when 

21 the visa or other entry documentation is or 

22 was issued. 

23 (ii) A revocation under clause (i) shall 

24 take effect immediately and automatically 

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1 mentation that is in the foreign person’s 

2 possession. 

3 (3) EXCEPTION.—Sanctions under paragraph 

4 (2) shall not apply to an alien if admitting or parol5 ing the alien into the United States is necessary to 

6 permit the United States to comply with the Agree7 ment regarding the Headquarters of the United Na8 tions, signed at Lake Success June 26, 1947, and 

9 entered into force November 21, 1947, between the 

10 United Nations and the United States, or other ap11 plicable international obligations of the United 

12 States. 

13 (d) PENALTIES.—The penalties provided for in sub14 sections (b) and (c) of section 206 of the International 

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

16 apply to a person who violates, attempts to violate, con17 spires to violate, or causes a violation of regulations pro18 mulgated to carry out subsection (a) to the same extent 

19 that such penalties apply to a person who commits an un20 lawful act described in section 206(a) of that Act. 

21 (e) EXCEPTION TO COMPLY WITH NATIONAL SECU22 RITY.—The following activities shall be exempt from sanc23 tions under this section: 


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1 (1) Activities subject to the reporting require2 ments under title V of the National Security Act of 

3 1947 (50 U.S.C. 3091 et seq.). 

4 (2) Any authorized intelligence or law enforce5 ment activities of the United States. 

6 SEC. 6. REPORT. 

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

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

9 in consultation with the Secretary of Health and Human 

10 Services and the Director of the National Institutes of 

11 Health, shall submit to the appropriate congressional com12 mittees a report on the organ transplant policies and prac13 tices of the People’s Republic of China. 

14 (b) MATTERS TO BE INCLUDED.—The report re15 quired under subsection (a) shall include— 

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

17 toward organ transplantation in the PRC, including 

18 with respect to prisoners of conscience (including 

19 Falun Gong) and other prisoners; 

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

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

22 annual basis in the PRC; 

23 (B) the number of known or estimated vol24 untary organ donors in the PRC; 


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

2 transplant in the PRC; and 

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

4 takes to procure an organ for transplant within the 

5 Chinese medical system and an assessment of wheth6 er such timetable is possible based on the number of 

7 known or estimated organ donors in the PRC; 

8 (3) a list of all United States grants over the 

9 past ten years that have supported research on 

10 organ transplantation in the PRC or in collaboration 

11 between a Chinese and a United States entity; and 

12 (4) a determination as to whether the persecu13 tion of Falun Gong practitioners within the People’s 

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

15 term is defined in section 6 of the Elie Wiesel Geno16 cide and Atrocities Prevention Act of 2018 (Public 

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

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

19 shall be submitted in unclassified form, but may include 

20 a classified annex. 

21 SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DE22 FINED. 

23 In this Act, the term ‘‘appropriate congressional com24 mittees’’ means— 


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1 (1) the Committee on Foreign Affairs of the 

2 House of Representatives; and 

3 (2) the Committee on Foreign Relations of the 

4 Senate. 

Æ 


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