Falun Gong and Victims of Forced Organ Harvesting Protection Act
- Bill Number
- S. 4009
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- International Affairs
- Status
- Passed Senate
- Latest Action
- 2026-09-28: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S5120-5121; text: CR S5120-5121)
- Last Updated
- 2026-09-30T11:03:20Z
AI-Generated Summary
Purpose
This legislation aims to impose sanctions on individuals involved in forced organ harvesting in the People's Republic of China and to require a formal U.S. government assessment of China's organ transplant policies and practices.
Key Provisions
- Definitions: Clarifies terms such as "forced organ harvesting" (removal of organs through coercion, abduction, or similar means), "organ," and relevant congressional committees.
- Findings and Sense of Congress: Notes ongoing concerns about organ harvesting targeting groups like Falun Gong practitioners and Uyghurs; expresses the view that the U.S. should investigate these allegations and condemn non-consensual practices.
- Sanctions: Directs the President to identify and sanction foreign persons knowingly involved in or facilitating forced organ harvesting by blocking their U.S. property and barring their entry into the United States; lists must be updated regularly.
- Exceptions and Waivers: Allows exemptions for national security activities, humanitarian aid, and United Nations obligations; permits presidential waivers on national security grounds with required reporting.
- Report Requirement: Mandates a detailed report within one year on China's organ policies, including estimates of transplants, donor numbers, organ sources, and a determination on whether practices are systemic or constitute an "atrocity."
- Sunset: Sanctions authority ends five years after enactment.
Significant Changes to Existing Law
This Act creates new, targeted sanctions authority under the International Emergency Economic Powers Act and immigration laws specifically for forced organ harvesting in China. It requires a formal determination on systemic practices and potential atrocity status, which was not previously mandated by statute. Penalties align with existing sanctions violations but apply to this new category.
Potential Impacts
- Government Agencies: Requires coordination among the State Department, Health and Human Services, National Institutes of Health, and intelligence community for the report; expands presidential sanctions implementation duties.
- Citizens: Limits U.S. persons from engaging in transactions with listed foreign individuals, potentially affecting business and travel.
- International Relations: Could heighten tensions with China; includes carve-outs to maintain compliance with U.N. agreements.
Main Stakeholders Affected
- U.S. executive branch agencies and Congress.
- Foreign persons and entities in China linked to organ harvesting or transplants.
- Practitioners of Falun Gong and other alleged victims.
- U.S. citizens, businesses, and researchers involved in medical or international activities with China.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on existing emergency powers and visa revocation mechanisms, with explicit exclusions for humanitarian goods and intelligence activities.
- Constitutional: Operates within presidential authority under economic sanctions laws, without altering core constitutional structures.
- Political: Emphasizes human rights and religious freedom concerns in U.S. foreign policy toward China, potentially influencing diplomatic and legislative priorities.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (11)
Sen. Merkley, Jeff [D-OR], Sen. Schiff, Adam B. [D-CA], Sen. Young, Todd [R-IN], Sen. Johnson, Ron [R-WI], Sen. Wyden, Ron [D-OR], Sen. Rounds, Mike [R-SD], Sen. Cortez Masto, Catherine [D-NV], Sen. Marshall, Roger [R-KS], Sen. McCormick, David [R-PA], Sen. Warnock, Raphael G. [D-GA], Sen. Lankford, James [R-OK]
Recent Actions
- 2026-09-28: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S5120-5121; text: CR S5120-5121)
- 2026-09-28: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S5120-5121; text: CR S5120-5121)
- 2026-07-27: Placed on Senate Legislative Calendar under General Orders. Calendar No. 506.
- 2026-07-27: Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
- 2026-07-27: Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
- 2026-06-17: Committee on Foreign Relations. Ordered to be reported with an amendment in the nature of a substitute favorably.
- 2026-03-05: Read twice and referred to the Committee on Foreign Relations.
- 2026-03-05: Introduced in Senate
Bill Versions
- Falun Gong and Victims of Forced Organ Harvesting Protection Act — issued 2026-09-28 — PDF (14 pages)
- Falun Gong and Victims of Forced Organ Harvesting Protection Act — issued 2026-03-05 — PDF (11 pages)
- Falun Gong and Victims of Forced Organ Harvesting Protection Act — issued 2026-07-27 — PDF (24 pages)