Falun Gong Protection Act
Click any stage to learn more about the legislative process.
Would require the President to impose visa bans and property-blocking sanctions on foreign persons determined to have knowingly participated in or facilitated China's forced organ harvesting program, targeting practitioners of Falun Gong and other prisoners of conscience.
It would also require a comprehensive U.S. government report on China's organ transplant practices and a determination on whether persecution of Falun Gong constitutes an atrocity under federal law — marking a significant expansion of targeted human rights sanctions toward China.
What this bill would do
What it would do
The bill would direct the President to compile and annually update a list of foreign persons who have knowingly and directly engaged in or facilitated the involuntary harvesting of organs in China. Persons on that list would face two categories of sanctions: blocking of all property and property interests within U.S. jurisdiction under the International Emergency Economic Powers Act, and a visa ban rendering them inadmissible to the United States with any existing visas immediately revoked. The President may waive sanctions on a case-by-case basis for vital national security reasons, and must report to Congress every 120 days on waiver use. The sanctions authority would terminate five years after enactment.
The bill would not authorize sanctions on the importation of goods, and exempts transactions related to humanitarian assistance, agricultural commodities, food, or medicine. It would also require the Secretary of State — in consultation with HHS and NIH — to submit within one year a detailed report on China's organ transplant policies, including estimated transplant volumes, donor sources, and a determination on whether Falun Gong persecution meets the legal definition of an atrocity.
Key provisions
- 1Would require the President, within 180 days, to submit a list of foreign persons who knowingly engaged in or facilitated forced organ harvesting in China, updated annually.
- 2Would impose mandatory property-blocking sanctions under IEEPA on all listed persons, freezing U.S.-jurisdiction assets and prohibiting related transactions.
- 3Would bar all listed persons from receiving U.S. visas or being admitted to the United States, and would immediately revoke any existing visas.
- 4Would grant the President waiver authority on a case-by-case basis for vital national security interests, with mandatory reporting to Congress every 120 days on waiver use.
- 5Would sunset the entire sanctions authority five years after enactment.
- 6Would require the Secretary of State, in consultation with HHS and NIH, to submit a report within one year on China's organ transplant policies, estimated volumes, donor sources, and whether Falun Gong persecution constitutes an atrocity.
- 7Would exempt transactions involving humanitarian assistance, food, medicine, and agricultural commodities from the sanctions regime.
Who would be affected
Foreign nationals determined by the President to have participated in China's forced organ harvesting program, who would face U.S. visa bans and asset freezes. Falun Gong practitioners in China are the primary victims whose persecution motivates the bill. U.S. persons and entities that might otherwise transact with sanctioned individuals would also be bound, and U.S. research institutions that have received grants tied to Chinese organ transplant research would be subject to disclosure in the required report.
Why it matters
If enacted, sanctioned individuals — including physicians, officials, or others linked to China's organ harvesting system — would be cut off from the U.S. financial system and barred from entering the country. The required government report could also create a formal U.S. legal record of the scale of China's practices and whether they rise to the level of atrocities, potentially setting the stage for broader diplomatic or legal action.
What would change
Changes to existing law
Creates International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (Sec. 3(c)(1))
Creates a new sanctions program invoking IEEPA's property-blocking authorities against persons involved in China's forced organ harvesting, with section 202 requirements waived.
Creates Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (Sec. 3(c)(2))
Establishes a new basis for visa ineligibility, inadmissibility, and revocation for foreign persons listed as participants in China's forced organ harvesting.
Creates Elie Wiesel Genocide and Atrocities Prevention Act of 2018 (Public Law 115-441; 22 U.S.C. 2656 note) (Sec. 4(b)(4))
Requires a formal determination of whether persecution of Falun Gong in China meets the statutory definition of 'atrocity' under this Act.
Agencies directed to act
Effective dates
- President must submit initial list of sanctioned persons to Congress
- First annual update to the sanctions list
- Secretary of State report on China's organ transplant practices due
- Waiver use reports to Congress due, repeating every 120 days
- Sanctions authority terminates
How implementation would work
The President would have 180 days to submit the first list of sanctioned persons to the House Foreign Affairs and Senate Foreign Relations Committees, with updates required annually and as new information emerges. The President must report every 120 days on waiver use. Treasury would administer IEEPA-based property-blocking measures, and State would enforce visa inadmissibility and revocations. Separately, the Secretary of State — consulting HHS and NIH — must deliver a comprehensive China organ transplant report within one year. All lists and reports may include classified annexes.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Foreign Relations.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill requires the President to impose visa- and property-blocking sanctions on foreign persons that have knowingly and directly engaged in or facilitated the involuntary harvesting of organs in China.
Sanctions may not be imposed on the importation of goods or with respect to specified transactions related to humanitarian assistance.
The authority to impose sanctions under this bill expires five years after enactment.
Legislative subjects
Asia; China; Civil actions and liability; Congressional oversight; Foreign property; Human rights; International Affairs; Medical ethics; Organ and tissue donation and transplantation; Presidents and presidential powers, Vice Presidents; Religion; Sanctions; Visas and passports