Technical corrections only. v3 updates the bill's procedural status to reflect its referral to the Senate and includes the name of the House Clerk. No substantive policy changes were made to the text of the bill.
Falun Gong Protection Act
- Sponsor
- Rep. Perry, Scott [R-PA-10]
- Committees
- Judiciary Committee (primary)
- Last action
- May 6, 2025
Bottom line
This bill aims to combat forced organ harvesting in China by sanctioning individuals involved and increasing transparency on China's organ transplant practices, with a specific focus on Falun Gong.
What it actually does
This bill mandates the imposition of sanctions on foreign persons determined to be involved in forced organ harvesting within the People's Republic of China, specifically referencing the persecution of Falun Gong. It requires the President to submit lists of such persons and the Secretary of State to report on China's organ transplant policies, including an assessment of whether the persecution of Falun Gong constitutes an 'atrocity'.
Proponents argue
Supporters argue the bill is a critical step to address severe human rights abuses, specifically the state-sponsored forced organ harvesting from prisoners of conscience, including Falun Gong practitioners, in China. They contend that targeted sanctions and increased reporting will pressure the Chinese Communist Party to end these practices and align U.S. policy with international human rights standards.
Opponents contend
Opponents, if any, might argue that such sanctions could complicate diplomatic relations with China, potentially hindering cooperation on other critical global issues. They might also raise concerns about the difficulty of verifying forced organ harvesting claims, or that the bill could be seen as an overreach into another nation's internal affairs, potentially leading to retaliatory measures.
The bill is concise and clearly written, allowing an informed reader to understand its core provisions and implications within a short timeframe.
Section 2
U.S. Policy on Organ Transplantation in PRC
This section declares the United States' policy to avoid any cooperation with the People's Republic of China (PRC) in the organ transplantation field while the Chinese Communist Party remains in power. It also commits the U.S. to using sanctions to coerce the Chinese Communist Party to end state-sponsored organ harvesting and to work with international partners to highlight China's persecution of Falun Gong and coordinate sanctions and visa restrictions.
Supporters argue
Supporters argue this policy statement provides a strong moral and strategic foundation for U.S. actions, clearly articulating a commitment to human rights and opposition to forced organ harvesting. It sets a clear expectation for U.S. engagement and international cooperation.
Critics contend
No specific opposition is typically raised against policy statements, though some might argue against the confrontational stance towards China in general, fearing it could hinder broader diplomatic engagement.
Tradeoffs
This provision balances the imperative to uphold human rights and condemn atrocities with the complexities of maintaining diplomatic and economic relations with a major global power like China.
Section 3(a)-(c)
Mandatory Sanctions for Forced Organ Harvesting
This provision mandates the President to impose sanctions on foreign persons identified as knowingly and directly engaged in or facilitating the involuntary harvesting of organs within the People's Republic of China. The sanctions include blocking all property and interests in property of such persons that are within U.S. jurisdiction, and rendering them inadmissible to the United States, including revocation of any existing visas.
Section 3(b) and Section 4
Presidential List and State Department Report on Organ Harvesting
The bill requires the President to submit an initial list of sanctioned foreign persons within 180 days of enactment, with annual updates. Additionally, the Secretary of State, in consultation with the Secretary of Health and Human Services and the Director of the National Institutes of Health, must submit a comprehensive report within one year on China's organ transplant policies and practices. This report must include estimated transplant numbers, donor sources, procurement times, U.S. grants supporting related research, and a determination on whether the persecution of Falun Gong constitutes an 'atrocity'.
Section 3(e)-(g)
National Security, Humanitarian, and Presidential Waiver Exceptions
The bill includes several exceptions to the sanctions regime. It exempts U.S. intelligence and law enforcement activities from sanctions. It also exempts transactions for the sale of agricultural commodities, food, medicine, and the provision of vital humanitarian assistance. Furthermore, it grants the President case-by-case waiver authority to forgo imposing sanctions if such a waiver is determined to be in the vital national security interest of the United States, requiring periodic reports to Congress on the use of this authority.
Section 3(h)
Five-Year Sunset on Sanctions Authority
The authority to impose sanctions under this Act is not permanent; it will automatically terminate five years after the date of the bill's enactment.
This subsection specifies that the penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (IEEPA) shall apply to violations of regulations promulgated to carry out the sanctions under this Act. These penalties include significant civil and criminal fines, and imprisonment.
Section 3(d)
Why it matters:This is standard legislative practice to avoid reprinting extensive statutory language, ensuring consistency with existing legal frameworks. However, it means the full scope of enforcement is not immediately apparent to a casual reader.
Case for: Supporters argue this ensures robust enforcement by leveraging existing, well-established sanctions penalty frameworks, providing a strong deterrent against violations without creating new, potentially inconsistent, penalty structures.
Case against: No specific opposition to applying standard IEEPA penalties, though some might argue that the complexity of cross-referencing makes the bill less transparent for the average citizen or non-specialist.
Estimated impact: Ensures that any U.S. person or entity violating the sanctions imposed by this Act faces severe legal consequences, including potential criminal charges and substantial financial penalties, thereby strengthening the deterrent effect of the sanctions.
This section explicitly states that the authorities and requirements to impose sanctions under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. It also provides a definition for the term 'good'.
Section 5
Why it matters:This placement could be a strategic choice to limit the economic scope of the sanctions, ensuring they are targeted at individuals and financial transactions rather than broader trade. This might be done to garner wider support by mitigating concerns about potential negative impacts on U.S. consumers or industries reliant on imports from China.
Case for: Supporters would argue this exception prevents broader economic disruption and ensures the sanctions remain highly targeted at individuals involved in human rights abuses, rather than affecting general trade or U.S. consumers. It aims to avoid unintended economic consequences.
Case against: Critics might argue that excluding goods from sanctions could weaken the overall pressure on China, especially if forced labor or organ harvesting is linked to specific industries or products. They might contend that a broader economic impact could be more effective in coercing behavioral change.
Estimated impact: Limits the economic reach of the sanctions, preventing them from impacting U.S. consumers or businesses reliant on imports from China. This focuses the bill's punitive measures on financial and travel restrictions against individuals, rather than broader trade disruptions.