S. 817 — Falun Gong Protection Act

This section states that it is the policy of the United States (1) to avoid cooperation with the People's Republic of China in organ transplantation while the Chinese Communist Party remains in power; (2) to take measures, including sanctions, to coerce the Chinese Communist Party to end state-sponsored organ harvesting; (3) to work with allies, partners, and multilateral institutions to highlight China's persecution of Falun Gong; and (4) to coordinate with the international community on targeted sanctions and visa restrictions.

This section requires the President to impose sanctions on each foreign person determined to have knowingly engaged in or facilitated the involuntary harvesting of organs in the People's Republic of China, as identified on a list to be submitted to congressional committees not later than 180 days after enactment (with updates as new information becomes available, annually thereafter until termination). Sanctions include (1) blocking and prohibiting all transactions in the person's property and interests in property within U.S. jurisdiction using authorities under the International Emergency Economic Powers Act (IEEPA; 50 U.S.C. 1701 et seq.), without prior notice under IEEPA section 202; and (2) rendering listed aliens ineligible for U.S. visas, admission, parole, or immigration benefits, with immediate revocation of any existing visas. This section applies IEEPA civil penalties (greater of $250,000 or twice the amount of the underlying transaction) and criminal penalties ($1,000,000 fine or, if a natural person, up to 20 years imprisonment) to violations of implementing regulations; provides exceptions for U.S. intelligence or law enforcement activities and humanitarian assistance; authorizes case-by-case waivers for vital national security interests (with reports to Congress every 120 days); and sunsets five years after enactment.

This section directs the Secretary of State, in consultation with the Secretary of Health and Human Services and the Director of the National Institutes of Health, to submit to the appropriate congressional committees, not later than one year after the date of enactment, a report on organ transplant policies and practices of the People's Republic of China. The report must include (1) a summary of de jure and de facto organ transplantation policies in the People's Republic of China, including with respect to prisoners of conscience (including Falun Gong) and other prisoners; (2) the number of known or estimated annual organ transplants and voluntary organ donors in the People's Republic of China, an assessment of organ sources, and an assessment of organ procurement times (in days) and their feasibility based on known or estimated donors; (3) a list of all U.S. grants during the 10 years prior to enactment that supported organ transplantation research in the People's Republic of China or in collaboration with a Chinese entity; and (4) a determination of whether persecution of Falun Gong practitioners in the People's Republic of China constitutes an "atrocity," as defined in the Elie Wiesel Genocide and Atrocities Prevention Act of 2018. The report must be submitted in unclassified form but may include a classified annex.

This section provides an exception to the authorities and requirements to impose sanctions under this Act by prohibiting sanctions on the importation of goods. (In this section, the term “good” means any article, natural or man-made substance, material, supply, or manufactured product—including inspection and test equipment—but excluding technical data.)

This section defines the term “appropriate congressional committees” as (1) the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.