#aaith ,,congress #b;d ,session ,s4 #djji ,,an ,,act ,to provide for the imposition of sanctions with respect to forced organ harvesting within the ,people's ,republic of ,china1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,falun ,gong and ,victims of ,forced ,organ ,harvesting ,protection ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,select ,committee on ,intelligence of the ,senate4 7#b7 ,forced organ harvesting ,the term forced organ harvesting means the removal of one or more organs from an individual by means of coercion1 abduction1 deception1 fraud1 or abuse of power or a position of vulnerability4 7#c7 ,intelligence community ,the term intelligence community has the meaning given the term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#d7 ,organ ,the term organ has the meaning given the term human organ in section #cja7;c77#a7 of the ,national ,organ ,transplant ,act 7#db ,u4,s4,c4 #bgd;e7c77#a774 #c4 ,findings ,congress makes the following findings3 7#a7 ,public and private organizations have persistently expressed concerns regarding organ transplant policies and practices in the ,people's ,republic of ,china1 including allegations of forced organ harvesting of those targeted by authorities of the ,people's ,republic of ,china based on religious beliefs1 ethnic background1 or other affiliations4 7#b7 ,the #bjbc ,international ,religious ,freedom ,report of the ,department of ,state stated1 ,civil society organizations continued to express concern over reports that authorities of the ,people's ,republic of ,china forced members of religious organizations1 in particular ,falun ,gong members and ethnic ,uyghurs1 to serve as organ donors44 7#c7 ,the ,government of the ,people's ,republic of ,china has failed to provide a full1 credible1 and independently verifiable response to repeated international calls for increased accountability and transparency for its organ transplant policies and practices1 particularly allegations related to forced organ harvesting4 7#d7 ,the ,united ,states ,government1 including the intelligence community1 has yet to provide its formal assessment of allegations related to systemic organ harvesting practices by the ,government of the ,people's ,republic of ,china1 including against ,falun ,gong practitioners4 #d4 ,sense of ,congress ,it is the sense of ,congress that the ,united ,states ,government should-- 7#a7 investigate allegations of systemic forced organ harvesting in the ,people's ,republic of ,china1 including incidents involving ,falun ,gong practitioners2 and 7#b7 condemn illegal1 coercive1 non-consensual1 or non-transparent organ procurement and transplantation practices1 including forced organ harvesting from prisoners of conscience4 #e4 ,imposition of sanctions with respect to forced organ harvesting within the ,people's ,republic of ,china 7a7 ,imposition of sanctions ,the ,president shall impose the sanctions described in subsection 7c7 with respect to each foreign person included in the most recent list submitted under subsection 7b74 7b7 ,list of persons 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 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 ,china4 7#b7 ,updates of lists ,the ,president shall submit to the appropriate congressional committees an updated list under paragraph 7#a7-- 7,a7 as new information becomes available2 7,b7 not later than one year after the date of the enactment of this ,act2 and 7,c7 annually thereafter until the date of termination under subsection 7h74 7#c7 ,form ,the list required by paragraph 7#a71 and any updates to the list required by paragraph 7#b71 shall be submitted in unclassified form1 but may include a classified annex4 7c7 ,sanctions described ,the sanctions described in this subsection are the following3 7#a7 ,blocking of property ,the ,president shall exercise all of the powers granted to the ,president by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 7except that the requirements of section #bjb of such ,act 7#ej ,u4,s4,c4 #agja7 shall not apply7 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 7b7 if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,inadmissibility of certain individuals 7,a7 ,ineligibility for visas1 admission1 or parole ,an alien included in the most recent list submitted under subsection 7b7 is-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visa revoked 7i7 ,in general ,an alien described in subparagraph 7,a7 is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued4 7ii7 ,immediate effect ,a revocation under clause 7i7 shall1 in accordance with section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i77-- 7,i7 take effect immediately2 and 7,,ii7 automatically cancel any other valid visa or entry documentation that is in the alien's possession4 7#c7 ,exception ,sanctions under paragraph 7#b7 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 ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations of the ,united ,states4 7d7 ,penalties ,the penalties provided for in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 shall apply to a person who violates1 attempts to violate1 conspires to violate1 or causes a violation of regulations promulgated to carry out subsection 7a7 to the same extent that such penalties apply to a person who commits an unlawful act described in section #bjf7;a7 of that ,act4 7e7 ,exception ,to comply with national security ,the following activities shall be exempt from sanctions under this section3 7#a7 ,activities subject to the reporting requirements under title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq474 7#b7 ,any authorized intelligence or law enforcement activities of the ,united ,states4 7f7 ,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-- 7#a7 the sale of agricultural commodities1 food1 or medicine2 7#b7 the provision of humanitarian assistance2 7#c7 financial transactions relating to humanitarian assistance or for humanitarian purposes2 or 7#d7 transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes4 7g7 ,waiver authority 7#a7 ,waiver ,the ,president may1 on a case by case basis1 waive the imposition of any sanction under this section if the ,president determines such waiver is in the national security interests of the ,united ,states4 7#b7 ,reports ,not later than #abj days after the date on which the ,president submits the first list under subsection 7b77#a71 and every #abj days thereafter until the date of termination under subsection 7h71 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 7#a7 during the #abj-;day period preceding submission of the report4 7h7 ,sunset ,the authority to impose sanctions under this section shall terminate on the date that is #e years after the date of the enactment of this ,act4 7i7 ,definitions ,in this section3 7#a7 ,admission2 admitted2 alien2 lawfully admitted for permanent residence ,the terms admission1 admitted1 alien1 and lawfully admitted for permanent residence have the meanings given those terms in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja74 7#b7 ,foreign person ,the term foreign person means an individual or entity that is not a ,united ,states person4 7#c7 ,knowingly ,the term knowingly1 with respect to conduct1 a circumstance1 or a result1 means that a person had actual knowledge1 or should have known1 of the conduct1 the circumstance1 or the result4 7#d7 ,united states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity2 or 7,c7 any person located in the ,united ,states4 #f4 ,report on organ transplant policies and practices of the ,people's ,republic of ,china 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,state1 in consultation with the ,secretary of ,health and ,human ,services1 the ,director of the ,national ,institutes of ,health1 and the heads of relevant elements of the intelligence community1 shall submit to the appropriate congressional committees a report on the organ transplant policies and practices of the ,people's ,republic of ,china4 7b7 ,matters ,to be included ,the report required under subsection 7a7 shall include-- 7#a7 a formal determination as to whether the ,government of the ,people's ,republic of ,china engages1 or formerly engaged1 in systemic forced organ harvesting practices and policies2 7#b7 a summary of de jure and de facto policies toward organ transplantation in the ,people's ,republic of ,china1 including with respect to prisoners of conscience 7including practitioners of ,falun ,gong71 other prisoners1 and victims of forced organ harvesting2 7#c7 7,a7 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 ,china2 7,b7 the number of known or estimated voluntary organ donors in the ,people's ,republic of ,china2 7,c7 an assessment of the sources of organs for transplant in the ,people's ,republic of ,china2 and 7,d7 an assessment of the time1 in days1 that it takes to procure an organ for transplant within the medical system of the ,people's ,republic of ,china and an assessment of whether such timetable is possible based on the number of known or estimated voluntary organ donors in the ,people's ,republic of ,china2 7#d7 a list of all ,united ,states grants during the #aj 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 an entity of the ,people's ,republic of ,china and a ,united ,states entity2 and 7#e7 if the determination made under paragraph 7#a7 is that the ,government of the ,people's ,republic of ,china engages1 or formerly engaged1 in systemic forced organ harvesting practices and policies1 a determination as to whether forced organ harvesting within the ,people's ,republic of ,china constitutes an atrocity 7as such term is defined in section #f of the ,elie ,wiesel ,genocide and ,atrocities ,prevention ,act of #bjah 7,public ,law #aae-dda2 #bb ,u4,s4,c4 #bfef note774 7c7 ,form ,the report required under subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 #g4 ,exception relating to importation of goods 7a7 ,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 goods4 7b7 ,good defined ,in this section1 the term good means any article1 natural or man-made substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 ,passed the ,senate ,september #bh1 #bjbf4,secretary