Falun Gong Protection Act
Floor Speech
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Mr. MAST. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 1540) to provide for the imposition of sanctions with respect to forced organ harvesting within the People's Republic of China, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 1540
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 Protection Act''. SEC. 2. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) avoid any cooperation with the PRC in the organ transplantation field while the Chinese Communist Party remains in power;
(2) take appropriate measures, including using relevant sanctions authorities, to coerce the Chinese Communist Party to end any state-sponsored organ harvesting campaign; and
(3) work with allies, partners, and multilateral institutions to highlight China's persecution of Falun Gong and coordinate closely with the international community on targeted sanctions and visa restrictions. 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 pursuant to 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 who the President determines to have knowingly and directly engaged in or facilitated the involuntary harvesting of organs 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 the person 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.--A foreign person included in the most recent list submitted pursuant to 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 visas revoked.--A foreign person described in subparagraph (A) is also subject to the following:
(i) Revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
(ii) A revocation under clause (i) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the foreign person'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 vital 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 vital national security interest of the United States.
(2) Reports.--Not later than 120 days after the date on which the President submits the list under subsection (b), 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 period covered by that 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. SEC. 4. REPORT.
(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 PRC, including with respect to prisoners of conscience (including Falun Gong) and other prisoners;
(2)(A) the number of organ transplants that are known to occur or are estimated to occur on an annual basis in the PRC;
(B) the number of known or estimated voluntary organ donors in the PRC;
(C) an assessment of the sources of organs for transplant in the PRC; 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 PRC;
(3) a list of all United States grants over the past ten years that have supported research on organ transplantation in the PRC or in collaboration between a Chinese and a United States entity; and
(4) a determination as to whether the persecution of Falun Gong practitioners 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. SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Foreign Relations of the Senate.
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Mr. MAST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in strong support of H.R. 1540, Mr. Perry's Falun Gong Protection Act.
For decades, the House of Representatives has been raising alarms about organ harvesting perpetrated by the Chinese Communist Party. We spoke about it earlier.
As United Nations human rights experts stated in 2021: ``Forced organ harvesting in China appears to be targeting specific ethnic, linguistic, or religious minorities held in detention, often without being [informed of] the reasons for their arrest or provided arrest warrants.''
Among those most frequently reported as targets are Falun Gong practitioners and Uyghur Muslims in the Xinjiang Province. These detainees, often imprisoned for their beliefs, are subjected to medical procedures that other prisoners are not: blood draws, organ examinations, and ultrasound scans. These are not for their health. These results are then entered into a database, turning them into a human inventory for a state-run organ harvesting system.
This is barbaric. These crimes, these abuses by the Chinese Communist Party, must end. I think we can all agree that they have to come to an end.
The legislation before us today, the Falun Gong Protection Act, takes long-overdue action to confront this horror. It directs the U.S. Government to identify and publicly name individuals and entities involved in forced organ harvesting in China. It imposes targeted sanctions under the Global Magnitsky Act, including visa bans and asset freezes, against those responsible. It strengthens reporting requirements for the State Department, ensuring that U.S. foreign policy fully accounts for the scope of organ trafficking abuses.
Madam Speaker, I urge support of this legislation, and I reserve the balance of my time. House of Representatives, Committee on the Judiciary, Washington, DC, May 1, 2025. Hon. Brian Mast, Chairman, Committee on Foreign Affairs, House of Representatives, Washington, DC.
Dear Chairman Mast: I write regarding H.R. 1540, the Falun Gong Protection Act. Provisions of this bill fall within the Judiciary Committee's Rule X jurisdiction, and I appreciate that you consulted with us on those provisions. The Judiciary Committee agrees that it shall be discharged from further consideration of the bill so that it may proceed expeditiously to the House floor.
The Committee takes this action with the understanding that forgoing further consideration of this measure does not in any way alter the Committee's jurisdiction or waive any future jurisdictional claim over these provisions or their subject matter. We also reserve the right to seek appointment of an appropriate number of conferees in the event of a conference with the Senate involving this measure or similar legislation.
I ask that you please insert this letter in the Congressional Record during consideration of H.R. 1540 on the House floor. I appreciate the cooperative manner in which our committees have worked on this matter, and I look forward to working collaboratively in the future on matters of shared jurisdiction. Thank you for your attention to this matter. Sincerely, Jim Jordan, Chairman. ____ House of Representatives, Committee on Foreign Affairs, Washington, DC, May 1, 2025. Hon. Jim Jordan, Chairman, Committee on the Judiciary, House of Representatives, Washington, DC.
Dear Chairman Jordan: Thank you for consulting with the Committee on Foreign Affairs and agreeing to be discharged from further consideration of H.R. 1540, the Falun Gong Protection Act, so that the measure may proceed expeditiously to the House floor.
I agree that your forgoing further action on this measure does not in any way diminish or alter the jurisdiction of your committee or prejudice its jurisdictional prerogatives on this measure or similar legislation in the future. I would support your effort to seek appointments of any appropriate number of conferees from your committee to any House-Senate conference of this legislation.
I will submit the exchange of letters to be published in the Congressional Record. I appreciate your cooperation regarding this legislation and look forward to continuing to work together on matters of shared jurisdiction during this Congress. Sincerely, Brian J. Mast, Chairman, Committee on Foreign Affairs.
Mr. Speaker, this bill signals that the United States will not tolerate the use of state violence to extract profit from the bodies of the persecuted.
I thank my friend, the gentleman from Pennsylvania (Mr. Perry), along with his bipartisan cosponsors for their leadership on this critical human rights issue.
Mr. Speaker, I urge strong support of this legislation, and I yield back the balance of my time.
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