[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4331 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
2d Session
H. R. 4331
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2020
Received; read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
AN ACT
To modify and reauthorize the Tibetan Policy Act of 2002, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tibetan Policy and Support Act of
2019''.
SEC. 2. MODIFICATIONS TO AND REAUTHORIZATION OF TIBETAN POLICY ACT OF
2002.
(a) Tibetan Negotiations.--Section 613 of the Tibetan Policy Act of
2002 (22 U.S.C. 6901 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``without preconditions''
after ``a dialogue'';
(ii) by inserting ``or democratically-
elected leaders of the Tibetan community''
after ``his representatives''; and
(iii) by adding at the end before the
period the following: ``and should coordinate
with other governments in multilateral efforts
toward this goal'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following:
``(2) Policy communication.--The President shall direct the
Secretary of State to ensure that, in accordance with this Act,
United States policy on Tibet, as coordinated by the United
States Special Coordinator for Tibetan Issues, is communicated
to all Federal departments and agencies in contact with the
Government of the People's Republic of China.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``until December 31,
2021''; and
(ii) by inserting ``and direct the
Department of State to make public on its
website'' after ``appropriate congressional
committees'';
(B) in paragraph (1), by striking ``and'' at the
end;
(C) in paragraph (2), by striking the period at the
end and inserting ``; and'' ; and
(D) by adding at the end the following:
``(3) the steps taken by the United States Government to
promote the human rights and distinct religious, cultural,
linguistic, and historical identity of the Tibetan people,
including the right of the Tibetan people to select, educate,
and venerate their own religious leaders in accordance with
their established religious practice and system.''.
(b) Tibet Project Principles.--Section 616 of such Act (22 U.S.C.
6901 note) is amended--
(1) in subsection (d), by striking paragraphs (1) through
(9) and inserting the following:
``(1) neither provide incentive for, nor facilitate the
migration and settlement of, non-Tibetans into Tibet;
``(2) neither provide incentive for, nor facilitate the
transfer of ownership of, Tibetan land or natural resources to
non-Tibetans;
``(3) neither provide incentive for, nor facilitate the
involuntary or coerced relocation of, Tibetan nomads from their
traditional pasture lands into concentrated settlements;
``(4) be implemented in consultation with the Tibetan
people and, as appropriate, after the conduct of cultural and
environmental impact assessments;
``(5) foster self-sufficiency and self-reliance of
Tibetans;
``(6) respect human rights and Tibetan culture and
traditions;
``(7) be subject to ongoing monitoring and evaluation; and
``(8) be conducted, as much as possible, in the Tibetan
language.''; and
(2) by adding at the end the following:
``(e) United States Assistance.--The President shall provide funds
to nongovernmental organizations to support sustainable development,
cultural and historical preservation, health care, education, and
environmental sustainability projects for Tibetan communities in Tibet,
in accordance with the principles specified in subsection (d) and with
the concurrence of the United States Special Coordinator for Tibetan
Issues under section 621(d).''.
(c) Diplomatic Representation Relating to Tibet.--Section 618 of
such Act (22 U.S.C. 6901 note) is amended to read as follows:
``SEC. 618. DIPLOMATIC REPRESENTATION RELATING TO TIBET.
``(a) United States Consulate in Lhasa, Tibet.--The Secretary
should seek to establish a United States consulate in Lhasa, Tibet--
``(1) to provide consular services to United States
citizens traveling in Tibet; and
``(2) to monitor political, economic, and cultural
developments in Tibet.
``(b) Policy.--The Secretary may not authorize the establishment in
the United States of any additional consulate of the People's Republic
of China until such time as a United States consulate in Lhasa, Tibet,
is established under subsection (a).''.
(d) Religious Persecution in Tibet.--Section 620(b) of such Act (22
U.S.C. 6901 note) is amended by adding at the end before the period the
following: ``, including with respect to the reincarnation system of
Tibetan Buddhism''.
(e) United States Special Coordinator for Tibetan Issues.--Section
621 of such Act (22 U.S.C. 6901 note) is amended--
(1) in subsection (c) to read as follows:
``(c) Objectives.--The objectives of the Special Coordinator are
to--
``(1) promote substantive dialogue without preconditions
between the Government of the People's Republic of China and
the Dalai Lama or his representatives or democratically-elected
leaders of the Tibetan community leading to a negotiated
agreement on Tibet and coordinate with other governments in
multilateral efforts toward this goal;
``(2) encourage the Government of the People's Republic of
China to address the aspirations of the Tibetan people with
regard to their distinct historical, cultural, religious, and
linguistic identity;
``(3) promote the human rights of the Tibetan people;
``(4) promote activities to preserve environment and water
resources of the Tibetan plateau;
``(5) encourage sustainable development in accordance with
section 616(d), cultural and historical preservation, health
care, education, and environmental sustainability projects for
Tibetan communities in Tibet; and
``(6) promote access to Tibet in accordance with the
Reciprocal Access to Tibet Act of 2018 (Public Law 115-330).'';
(2) in subsection (d)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) by redesignating paragraph (6) as paragraph
(8); and
(C) by inserting after paragraph (5) the following:
``(6) provide concurrence with respect to all projects
carried out pursuant to assistance provided under section
616(e);
``(7) seek to establish international diplomatic coalitions
to--
``(A) oppose any effort by the Government of the
People's Republic of China to select, educate, and
venerate Tibetan Buddhist religious leaders in a manner
inconsistent with Tibetan Buddhism in which the
succession or identification of Tibetan Buddhist lamas,
including the Dalai Lama, should occur without
interference, in a manner consistent with Tibetan
Buddhists' beliefs; and
``(B) ensure that the identification and
installation of Tibetan Buddhist religious leaders,
including any future Dalai Lama, is determined solely
within the Tibetan Buddhist faith community, in
accordance with the universally-recognized right to
religious freedom; and''; and
(3) by adding at the end the following:
``(e) Personnel.--The Secretary shall ensure that the Office of the
Special Coordinator is adequately staffed at all times to assist in the
management of the responsibilities of this section.''.
SEC. 3. STATEMENT OF POLICY REGARDING THE SUCCESSION OR REINCARNATION
OF THE DALAI LAMA.
(a) Findings.--Congress finds the following:
(1) Notwithstanding that Tibetan Buddhism is practiced in
many countries including Bhutan, India, Mongolia, Nepal, the
People's Republic of China, the Russian Federation, and the
United States, the Government of the People's Republic of China
has repeatedly insisted on its role in managing the selection
of Tibet's next spiritual leader, the Dalai Lama, through
actions such as those described in the ``Measures on the
Management of the Reincarnation of Living Buddhas'' in 2007.
(2) On March 19, 2019, Chinese Ministry of Affairs
spokesperson reiterated that the ``reincarnation of living
Buddhas including the Dalai Lama must comply with Chinese laws
and regulations and follow religious rituals and historical
conventions''.
(3) The Government of the People's Republic of China has
interfered in the process of recognizing a successor or
reincarnation of Tibetan Buddhist leaders, including in 1995 by
arbitrarily detaining Gedhun Choekyi Nyima, a 6-year old boy
who was identified as the 11th Panchen Lama, and purporting to
install its own candidate as the Panchen Lama.
(4) The 14th Dalai Lama, Tenzin Gyatso, issued a statement
on September 24, 2011, explaining the traditions and spiritual
precepts of the selection of Dalai Lamas, setting forth his
views on the considerations and process for selecting his
successor, and providing a response to the Chinese government's
claims that only the Chinese government has the ultimate
authority in the selection process of the Dalai Lama.
(5) The 14th Dalai Lama said in his statement that the
person who reincarnates has sole legitimate authority over
where and how he or she takes rebirth and how that
reincarnation is to be recognized and if there is a need for a
15th Dalai Lama to be recognized, then the responsibility shall
primarily rest with the officers of the Dalai Lama's Gaden
Phodrang Trust, who will be informed by the written
instructions of the 14th Dalai Lama.
(6) Since 2011, the 14th Dalai Lama has reiterated publicly
on numerous occasions that decisions on the successions,
emanations, or reincarnations of the Dalai Lama belongs to the
Tibetan Buddhist faith community alone.
(7) On June 8, 2015, the United States House of
Representatives unanimously approved House Resolution 337 which
calls on the United States Government to ``underscore that
government interference in the Tibetan reincarnation process is
a violation of the internationally recognized right to
religious freedom * * * and to highlight the fact that other
countries besides China have long Tibetan Buddhist traditions
and that matters related to reincarnations in Tibetan Buddhism
are of keen interest to Tibetan Buddhist populations
worldwide''.
(8) On April 25, 2018, the United States Senate unanimously
approved Senate Resolution 429 which ``expresses its sense that
the identification and installation of Tibetan Buddhist
religious leaders, including a future 15th Dalai Lama, is a
matter that should be determined solely within the Tibetan
Buddhist faith community, in accordance with the inalienable
right to religious freedom''.
(9) The Department of State's Report on International
Religious Freedom for 2018 reported on policies and efforts of
the Government of the People's Republic of China to exert
control over the selection of Tibetan Buddhist religious
leaders, including reincarnate lamas, and stated that ``U.S.
officials underscored that decisions on the reincarnation of
the Dalai Lama should be made solely by faith leaders.''.
(b) Statement of Policy.--It is the policy of the United States
that--
(1) decisions regarding the selection, education, and
veneration of Tibetan Buddhist religious leaders are
exclusively spiritual matters that should be made by the
appropriate religious authorities within the Tibetan Buddhist
tradition and in the context of the will of practitioners of
Tibetan Buddhism;
(2) the wishes of the 14th Dalai Lama, including any
written instructions, should play a determinative role in the
selection, education, and veneration of a future 15th Dalai
Lama; and
(3) interference by the Government of the People's Republic
of China or any other government in the process of recognizing
a successor or reincarnation of the 14th Dalai Lama and any
future Dalai Lamas would represent a clear violation of the
fundamental religious freedoms of Tibetan Buddhists and the
Tibetan people.
(c) Holding Chinese Officials Responsible for Religious Freedom
Abuses Targeting Tibetan Buddhists.--It is the policy of the United
States to consider senior officials of the Government of the People's
Republic of China who are responsible for, complicit in, or have
directly or indirectly engaged in the identification or installation of
a candidate chosen by China as the future 15th Dalai Lama of Tibetan
Buddhism to have committed--
(1) a gross violation of internationally recognized human
rights for purposes of imposing sanctions with respect to such
officials under the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 2656 note); and
(2) a particularly severe violation of religious freedom
for purposes of applying section 212(a)(2)(G) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) with
respect to such officials.
(d) Department of State Programming To Promote Religious Freedom
for Tibetan Buddhists.--Consistent with section 401 of the Frank R.
Wolf International Religious Freedom Act (Public Law 114-281; 130 Stat.
1436), of the funds available to the Department of State for
international religious freedom programs, the Ambassador-at-Large for
International Religious Freedom should support efforts to protect and
promote international religious freedom in China and for programs to
protect Tibetan Buddhism in China and elsewhere.
SEC. 4. POLICY REGARDING THE ENVIRONMENT AND WATER RESOURCES ON THE
TIBETAN PLATEAU.
(a) Findings.--Congress finds the following:
(1) The Tibetan Plateau contains glaciers, rivers,
grasslands, and other geographical and ecological features that
are crucial for supporting vegetation growth and biodiversity,
regulating water flow and supply for an estimated 1.8 billion
people. Global warming threatens the glaciers in Tibet that
feed the major rivers of South and East Asia, which supply
freshwater to an estimated 1.8 billion people.
(2) Rising global temperatures--especially in the Tibetan
Plateau where the average temperature has increased at twice
the global average--will result in variable water flows in the
future.
(3) The construction in Tibet of large hydroelectric power
dams intended to be used in part to transmit power to Chinese
provinces outside of Tibet, as well as other infrastructure
projects, including the Sichuan-Tibet railroad, may also lead
to the resettlement of thousands of Tibetans and transform the
environment.
(4) The grasslands of Tibet play a significant role in
carbon production and sequestration and Tibet's rivers support
wetlands that play a key role in water storage, water quality,
and the regulation of water flow, support biodiversity, foster
vegetation growth, and act as carbon sinks.
(5) Rising temperatures and intensifying evaporation, can
affect the water supply, cause desertification, and destabilize
infrastructure on the Tibetan Plateau and beyond.
(6) Traditional Tibetan grassland stewardship practices,
which can be key to mitigating the negative effects of warming
on the Tibetan Plateau, are undermined by the resettlement of
nomads from Tibetan grasslands.
(7) The People's Republic of China has approximately 20
percent of the world's population but only around 7 percent of
the world's water supply, while many countries in South and
Southeast Asia rely on the rivers flowing from the Himalayas of
the Tibetan Plateau.
(8) The People's Republic of China has already completed
water transfer programs diverting billions of cubic meters of
water yearly and has plans to divert more waters from the
Tibetan plateau in China.
(b) Water Resources in Tibet and the Tibetan Watershed.--The
Secretary of State, in coordination with relevant agencies of the
United States Government, should--
(1) pursue collaborative efforts with Chinese and
international scientific institutions, as appropriate, to
monitor the environment on the Tibetan Plateau, including
glacial retreat, temperature rise, and carbon levels, in order
to promote a greater understanding of the effects on
permafrost, river flows, grasslands and desertification, and
the monsoon cycle;
(2) engage with the Government of the People's Republic of
China, the Tibetan people, and nongovernmental organizations to
encourage the participation of Tibetan nomads and other Tibetan
stakeholders in the development and implementation of grassland
management policies, in order to utilize their indigenous
experience in mitigation and stewardship of the land and to
assess policies on the forced resettlement of nomads; and
(3) encourage a regional framework on water security, or
use existing frameworks, such as the Lower Mekong Initiative,
to facilitate cooperative agreements among all riparian nations
that would promote transparency, sharing of information,
pollution regulation, and arrangements on impounding and
diversion of waters that originate on the Tibetan Plateau.
SEC. 5. DEMOCRACY IN THE TIBETAN EXILE COMMUNITY.
(a) Findings.--Congress finds the following:
(1) The 14th Dalai Lama advocates the Middle Way Approach,
which seeks genuine autonomy for the six million Tibetans in
Tibet.
(2) The 14th Dalai Lama has overseen a process of
democratization within the Tibetan polity, beginning in Tibet
in the 1950s and continuing in exile from the 1960s to the
present and to address the needs of the Tibetan people until
such time as genuine autonomy in Tibet is realized, the 14th
Dalai Lama devolved his political responsibilities to the
elected representatives of the Tibetan people in exile in 2011.
(3) In 2011 and again in 2016, members of the Tibetan exile
community across some 30 countries held elections to select
political leaders to serve in the Central Tibetan
Administration parliament and as chief executive, elections
which were monitored by international observers and assessed to
be free and fair.
(4) The Dalai Lama has said that the Central Tibetan
Administration will cease to exist once a negotiated settlement
has been achieved that allows Tibetans to freely enjoy their
culture, religion and language in Tibet.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Tibetan exile communities around the world should be
commended for the adoption of a system of self-governance with
democratic institutions to choose their leaders;
(2) the Dalai Lama should be commended for his decision to
devolve political authority to elected leaders in accordance
with democratic principles; and
(3) as consistent with section 621(d)(3) of the Tibetan
Policy Act of 2002 (22 U.S.C. 6901 note), the United States
Special Coordinator for Tibetan Issues should continue to
maintain close contact with the religious, cultural, and
political leaders of the Tibetan people.
SEC. 6. SUSTAINABILITY IN TIBETAN COMMUNITIES SEEKING TO PRESERVE THEIR
CULTURE, RELIGION, AND LANGUAGE.
The Secretary of State should urge the Government of Nepal to honor
the Gentleman's Agreement with the United Nations High Commissioner for
Refugees and to provide legal documentation to long-staying Tibetan
residents in Nepal who fled a credible threat of persecution in Tibet
in order to allow them to more fully participate in the economy and
society of Nepal.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Office of the United States Special Coordinator for Tibetan
Issues.--There is authorized to be appropriated $1,000,000 for each of
the fiscal years 2021 through 2025 for the Office of the United States
Special Coordinator for Tibetan Issues.
(b) Tibetan Scholarship Program and Ngawang Choephel Exchange
Programs.--
(1) Tibetan scholarship program.--There is authorized to be
appropriated $675,000 for each of the fiscal years 2021 through
2025 to carry out the Tibetan scholarship program established
under section 103(b)(1) of the Human Rights, Refugee, and Other
Foreign Relations Provisions Act of 1996 (Public Law 104-319;
22 U.S.C. 2151 note).
(2) Ngawang choephel exchange programs.--There is
authorized to be appropriated $575,000 for each of the fiscal
years 2021 through 2025 to carry out the ``Ngwang Choepel
Exchange Programs'' (formerly known as ``programs of
educational and cultural exchange between the United States and
the people of Tibet'') under section 103(a) of the Human
Rights, Refugee, and Other Foreign Relations Provisions Act of
1996.
(c) Humanitarian Assistance and Support to Tibetan Refugees in
South Asia.--Amounts authorized to be appropriated to carry out chapter
9 of part I of the Foreign Assistance Act of 1961 and the Migration and
Refugee Assistance Act of 1962 for each of the fiscal years 2021
through 2025 are authorized to be made available for humanitarian
assistance, including food, medicine, clothing, and medical and
vocational training, for Tibetan refugees in South Asia who have fled
facing a credible threat of persecution in the People's Republic of
China.
(d) Tibetan Autonomous Region and Tibetan Communities in China.--
There is authorized to be appropriated $8,000,000 for each year of the
fiscal years 2021 through 2025 under chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) to support
activities which preserve cultural traditions and promote sustainable
development, education, and environmental conservation in Tibetan
communities in the Tibet Autonomous Region and in other Tibetan
communities in China.
(e) Assistance for Tibetans in India and Nepal.--There is
authorized to be appropriated $6,000,000 for each of the fiscal years
2021 through 2025 under part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) for programs to promote and preserve Tibetan
culture and language development, and the resilience of Tibetan
communities in India and Nepal, and to assist in the education and
development of the next generation of Tibetan leaders from such
communities.
(f) Tibetan Governance.--There is authorized to be appropriated
$3,000,000 for each of the fiscal years 2021 through 2025 for programs
to strengthen the capacity of Tibetan institutions and strengthen
democracy, governance, information and international outreach, and
research.
(g) Voice of America and Radio Free Asia.--
(1) Voice of america.--There is authorized to be
appropriated $3,344,000 for each of the fiscal years 2021
through 2025 to Voice of America for broadcasts described in
paragraph (3).
(2) Radio free asia.--There is authorized to be
appropriated $4,060,000 for each of the fiscal years 2021
through 2025 to Radio Free Asia for broadcasts described in
paragraph (3).
(3) Broadcasts described.--Broadcasts described in this
paragraph are broadcasts to provide uncensored news and
information in the Tibetan language to Tibetans, including
Tibetans in Tibet.
SEC. 8. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives January 28, 2020.
Attest:
CHERYL L. JOHNSON,
Clerk.