Falun Gong Protection Act Targets Forced Organ Harvesting in China with Sanctions and Scrutiny

This bill, titled the "Falun Gong Protection Act," takes aim at forced organ harvesting in the People's Republic of China. It lays out a plan to impose sanctions on individuals involved, mandates a detailed government report on China's organ transplant system, and establishes a formal U.S. policy stance against cooperating with China on organ transplantation while the Communist Party remains in power.

Putting Names on Notice: The Sanctions Breakdown

The core action proposed in Section 3 is the imposition of sanctions on foreign individuals identified as knowingly participating in forced organ harvesting within China. Within 180 days of the bill becoming law, the President is required to submit a list of these individuals to Congress. This list isn't static; it's set to be updated as new information becomes available, specifically one year after enactment and then annually for the following five years.

What does this mean for those listed? The bill mandates blocking all their property and assets within U.S. jurisdiction. Furthermore, they would become ineligible for U.S. visas or entry, and any existing visas would be immediately revoked. Think of it as a financial and travel freeze targeting specific actors allegedly involved in these practices.

Under the Microscope: Reporting on China's Transplant Practices

Beyond sanctions, Section 4 requires the Secretary of State, working with Health and Human Services and the National Institutes of Health, to deliver a comprehensive report to Congress within one year. This report aims to shed light on China's organ transplant landscape, digging into official policies versus actual practices, the sheer number of transplants versus registered donors, and where the organs are actually coming from. It also specifically asks for an assessment of transplant wait times and whether they align realistically with donor numbers, a review of U.S. grants potentially linked to Chinese transplant research over the past decade, and a determination on whether the persecution of Falun Gong practitioners constitutes an atrocity.

Policy Shift and Practical Limits

The bill explicitly states a U.S. policy (Section 2) to pressure the Chinese Communist Party to end state-sponsored organ harvesting, including coordinating with allies on targeted sanctions and visa restrictions. However, the legislation includes important caveats. Sanctions don't apply if needed to meet UN obligations or for authorized national security, intelligence, or law enforcement activities (Section 3). There's also an exception for transactions involving essentials like food, medicine, and humanitarian aid. Crucially, the President holds the authority to waive sanctions if deemed in the vital national security interest of the U.S., though such waivers must be reported to Congress. Additionally, the authority to impose these sanctions has a built-in expiration date: it sunsets five years after enactment. Lastly, Section 5 clarifies that the sanctions do not restrict the importation of goods from China.