This Act establishes U.S. policy to cease cooperation with China on organ transplantation, imposes sanctions on individuals involved in forced organ harvesting, and mandates a comprehensive report on China's transplant practices and the persecution of Falun Gong.
Scott Perry
Representative
PA-10
The Falun Gong Protection Act establishes a firm U.S. policy to cease cooperation with China on organ transplantation until the practice of state-sponsored organ harvesting ends. The bill mandates sanctions, including asset freezes and travel bans, against foreign individuals knowingly involved in forced organ harvesting in China. Furthermore, it requires a comprehensive report assessing China's transplant practices and directs the U.S. to coordinate international pressure against these abuses.
New Bill Targets Forced Organ Harvesting in China with Asset Freezes and Travel Bans
This new piece of legislation, officially titled the Falun Gong Protection Act, sets a firm policy for the U.S. government: no more cooperation with the People’s Republic of China (PRC) on organ transplantation practices. The bill’s main purpose is to hit back at individuals involved in forced organ harvesting within the PRC by using targeted sanctions and demanding transparent reporting. This isn’t just a strongly worded letter; it sets up a mechanism for real financial and travel consequences for those determined to be involved in these human rights abuses.
The Sanctions Hammer: Asset Freezes and Travel Bans
The core of this Act is Section 3, which mandates the President to identify and sanction foreign persons who have “knowingly and directly helped with or participated in taking organs without consent” in China. Within 180 days of the law taking effect, the President must send Congress a public list of these individuals, which will be updated annually for five years. If you end up on this list, two big things happen: first, all your property and financial interests in the U.S. get frozen—meaning you can’t touch that money or property. Second, you are immediately banned from entering the U.S.; any existing visa gets revoked. This is a classic sanctions move, designed to isolate and penalize individuals who profit from or facilitate these practices.
Waivers and Limits: Where the Bill Pulls Its Punch
While the sanctions are tough, the bill includes important limits. For busy people, the biggest takeaway is that this law cannot be used to restrict the import of physical goods (Section 5). So, if you’re running a small business that imports components from China, this sanctions bill won’t suddenly block your shipment of manufactured parts. The sanctions authority is focused strictly on individuals and their finances, not on trade goods. Furthermore, the President has the authority to waive sanctions on a case-by-case basis if it’s deemed necessary for “vital national security interest,” though they must report these waivers to Congress every 120 days. This waiver clause is standard but gives the executive branch a lot of discretion, which is something to watch.
The Demand for Transparency
Beyond sanctions, the Act mandates a major report from the Secretary of State, due within one year (Section 4). This report must detail the official and actual organ transplant policies in China, estimate the number of transplants, and assess the sources of the organs—specifically looking at how the timeline for obtaining organs compares to the number of voluntary donors. Crucially, the report must also determine whether the persecution of Falun Gong practitioners in the PRC qualifies as an “atrocity” under existing U.S. law. For those who care about human rights and transparency, this report is a big deal, as it forces the U.S. government to formally analyze and publicly report on these abuses, providing crucial information for international efforts.