[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4281 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4281
To impose sanctions on persons who are knowingly responsible for or
complicit in, or have directly or indirectly engaged in, supporting the
illegal occupation of Tibet, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2021
Mr. Perry (for himself, Mr. Tiffany, and Mr. DesJarlais) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To impose sanctions on persons who are knowingly responsible for or
complicit in, or have directly or indirectly engaged in, supporting the
illegal occupation of Tibet, 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 ``Tibet Independence Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress listed Tibet as a separate country from the
People's Republic of China in the Export-Import Bank Act
Amendments of 1986.
(2) The Foreign Relations Authorization Act, Fiscal Years
1992 and 1993 declares that Congress views Tibet as an
``occupied country'', and that China's control of Tibet remains
illegal under international law.
(3) The Foreign Relations Authorization Act, Fiscal Years
1992 and 1993 further establishes that ``it is the policy of
the United States to oppose aggression and other illegal uses
of force by one country against the sovereignty of another as a
manner of acquiring territory, and to condemn violations of
international law, including the illegal occupation of one
country by another''.
(4) The Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 conveyed the Sense of Congress that ``the United
States should seek to establish a dialogue with those
recognized by Congress as the true representatives of the
Tibetan people, the Dalai Lama, his representatives and the
Tibetan Government in Exile''.
(5) On November 18, 2020, the United States House of
Representatives approved without objection H. Res. 697, which
``affirms the cultural and religious significance of the goal
of genuine autonomy for the people of Tibet and the deep bond
between the American and Tibetan people''.
(6) In 1951, the People's Republic of China coerced Tibetan
representatives to sign, under duress, an unlawful settlement
known as the Seventeen Point Agreement. This agreement states
that ``the Tibetan people have the right to exercise national
regional autonomy under the unified leadership of the Central
People's Government'' and additionally, that ``the central
authorities will not alter the existing political system in
Tibet''.
(7) The establishment of the independent state of Tibet
predates the 1951 Seventeen Point Agreement by many hundreds of
years.
(8) In rejecting the seven-decade long illegal occupation
of Tibet by the forces of the Chinese Communist Party, the
United States of America would provide relief to a long-
suffering people and reinforce its reputation as a strident
defender of global human rights.
(9) It would benefit the national security of the United
States to recognize Tibet, which comprises the original three
Tibetan provinces of Amdo, Kham, and U-Tsang, as a separate,
independent country.
SEC. 3. STATEMENT OF POLICY; AUTHORIZATION; SENSE OF CONGRESS.
(a) It is the policy of the United States to--
(1) acknowledge that Tibet was an independent country prior
to the People's Republic of China's illegal occupation of
Tibet's sovereign territory in 1951;
(2) affirm that all territorial claims by the People's
Republic of China over the area known as Tibet, which comprises
the original three Tibetan provinces of Amdo, Kham, and U-
Tsang, are invalid and without merit; and
(3) recognize that the democratically elected government of
Tibet, presently named as the Central Tibetan Administration,
is the only governing authority of Tibet.
(b) Authorization.--The President is authorized to recognize Tibet,
which comprises the original Tibetan provinces of Amdo, Kham, and U-
Tsang, as a separate, independent country, in accordance with
subsection (a), immediately upon enactment of this Act.
(c) Sense of Congress.--The President of the United States should
invite the incumbent Sikyong (President) of Tibet to the United States
for an official state visit no later than 1 year after the date of the
enactment of this Act.
SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO THE CONTINUED ILLEGAL
OCCUPATION OF TIBET.
(a) Imposition of Sanctions.--The President shall impose the
sanctions described in subsection (c) with respect to each foreign
person included in the most recent list submitted pursuant to
subsection (b).
(b) List of Persons.--
(1) Not later than 180 days after the date of the enactment
of this Act, the President shall submit to the appropriate
congressional committees a list of foreign persons, including
senior government officials, military leaders, and other
persons, who the President determines are knowingly responsible
for or complicit in, or have directly or indirectly engaged in,
supporting the Chinese Communist Party's illegal occupation of
Tibet.
(2) Updates of lists.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 180 days after the date of the
enactment of this Act and annually thereafter for 5
years; or
(B) as new information becomes available.
(3) Form.--The list required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The President shall exercise all
of the powers granted to the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except
that the requirements of section 202 of such Act (50 U.S.C.
1701) shall not apply) to the extent necessary to block and
prohibit all transactions in property and interests in property
of the person if such property and interests in property are in
the United States, come within the United States, or are or
come within the possession or control of a United States
person.
(2) Inadmissibility of certain individuals.--
(A) Ineligibility for visas, admission, or
parole.--A foreign person included in the most recent
list submitted pursuant to subsection (b) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--A foreign person
described in subparagraph (A) is also subject to the
following:
(i) Revocation of any visa or other entry
documentation regardless of when the visa or
other entry documentation is or was issued.
(ii) A revocation under clause (i) shall
take effect immediately and automatically
cancel any other valid visa or entry
documentation that is in the foreign person's
possession.
(3) Exception.--Sanctions under paragraph (2) shall not
apply to an alien if admitting or paroling the alien into the
United States is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations of the United States.
(d) Penalties.--The penalties provided for in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705) shall apply to a person who violates, attempts to
violate, conspires to violate, or causes a violation of regulations
promulgated to carry out subsection (a) to the same extent that such
penalties apply to a person who commits an unlawful act described in
section 206(a) of that Act.
(e) Exception To Comply With National Security.--The following
activities shall be exempt from sanctions under this section:
(1) Activities subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.).
(2) Any authorized intelligence or law enforcement
activities of the United States.
(f) Waiver.--
(1) In general.--The President may waive, for one or more
periods not to exceed 90 days, the application of sanctions
imposed on a foreign person under this section if the
President--
(A) determines that such a waiver is in the
national interest of the United States; and
(B) not later than the date on which such waiver
will take effect, submits to the appropriate
congressional committees a notice of and justification
for such waiver.
SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
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