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.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4009 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  2d Session
                                S. 4009

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

                             March 5, 2026

 Mr. Cruz (for himself and Mr. Merkley) 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 and Victims of Forced
Organ Harvesting Protection Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs of the House
                of Representatives; and
                    (B) the Committee on Foreign Relations and the
                Committee on Banking, Housing, and Urban Affairs 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) 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. 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 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) 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. 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
        practitioners of Falun Gong), other prisoners, and victims of
        forced organ harvesting;
            (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 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. 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.
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