Tibetan Policy and Support Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2539 To modify and reauthorize the Tibetan Policy Act of 2002, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 24, 2019 Mr. RUBIO (for himself, Mr. CARDIN, Mr. GRAHAM, Mrs. FEINSTEIN, Mr. COTTON, and Mr. MARKEY) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To modify and reauthorize the Tibetan Policy Act of 2002, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Tibetan Policy and 4 Support Act of 2019’’. 5 SEC. 2. MODIFICATIONS TO AND REAUTHORIZATION OF 6 THE TIBETAN POLICY ACT OF 2002. 7 (a) TIBET NEGOTIATIONS.—Section 613 of the Ti- 8 betan Policy Act of 2002 (subtitle B of title VI of division 9 VerDate Sep 11 2014 23:11 Sep 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2539.IS S2539 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2539 IS A of Public law 107–228; 22 U.S.C. 6901 note) is amend- 1 ed— 2 (1) in subsection (a)— 3 (A) in paragraph (1)— 4 (i) by inserting ‘‘without pre- 5 conditions’’ after ‘‘a dialogue’’; 6 (ii) by inserting ‘‘or Central Tibetan 7 Administration representatives’’ after ‘‘his 8 representatives’’; and 9 (iii) by adding at the end before the 10 period the following: ‘‘and should coordi- 11 nate with other governments in multilat- 12 eral efforts toward this goal’’; 13 (B) by redesignating paragraph (2) as 14 paragraph (3); and 15 (C) by inserting after paragraph (1) the 16 following new paragraph: 17 ‘‘(2) POLICY COMMUNICATION.—The President 18 shall direct the Secretary of State to ensure that, in 19 accordance with this Act, United States policy on 20 Tibet, as coordinated by the United States Special 21 Coordinator for Tibetan Issues, is communicated to 22 all Federal departments and agencies in contact with 23 the Government of the People’s Republic of China.’’; 24 and 25 VerDate Sep 11 2014 23:11 Sep 27, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2539.IS S2539 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2539 IS (2) in subsection (b)— 1 (A) in the matter preceding paragraph 2 (1)— 3 (i) by striking ‘‘until December 31, 4 2021’’; and 5 (ii) by inserting ‘‘and direct the De- 6 partment of State to make public on its 7 website’’ after ‘‘appropriate congressional 8 committees’’; 9 (B) in paragraph (1), by striking ‘‘and’’ at 10 the end; 11 (C) in paragraph (2), by striking the pe- 12 riod at the end and inserting a semicolon; and 13 (D) by adding at the end the following new 14 paragraphs: 15 ‘‘(3) the steps taken by the United States Gov- 16 ernment to promote and protect the human rights 17 and the distinct religious, cultural, linguistic, and 18 national identity of the Tibetan people, including the 19 right of the Tibetan people to choose their own reli- 20 gious leaders in accordance with their established re- 21 ligious practice and system; and 22 ‘‘(4) an analysis of United States business ac- 23 tivities in Tibet, whether those activities employ Ti- 24 betans and how many, whether those activities are 25 VerDate Sep 11 2014 23:11 Sep 27, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2539.IS S2539 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2539 IS consistent with the protection of the environment 1 and Tibetan cultural traditions, and whether those 2 activities contribute to or support, through goods or 3 services, the surveillance of the people of Tibet.’’. 4 (b) ECONOMIC DEVELOPMENT IN TIBET.—Section 5 616 of such Act (22 U.S.C. 6901 note) is amended— 6 (1) in subsection (d)— 7 (A) in paragraph (5), by inserting ‘‘human 8 rights,’’ after ‘‘respect Tibetan’’; 9 (B) in paragraph (8), by striking ‘‘and’’ at 10 the end; 11 (C) in paragraph (9), by striking the pe- 12 riod at the end and inserting ‘‘; and’’; and 13 (D) by adding at the end the following new 14 paragraph: 15 ‘‘(10) neither provide incentive for, nor facili- 16 tate the involuntary or coerced relocation of, Tibetan 17 nomads from their traditional pasturelands into con- 18 centrated settlements.’’; and 19 (2) by adding at the end the following new sub- 20 sections: 21 ‘‘(e) PRIVATE SECTOR INVESTMENT.—The Secretary 22 of State, in coordination with the Secretary of Commerce, 23 should— 24 VerDate Sep 11 2014 23:11 Sep 27, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2539.IS S2539 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2539 IS ‘‘(1) encourage United States businesses and 1 individuals that are engaged in commerce or invest- 2 ing in enterprises in Tibet to abide by the principles 3 specified in subsection (d) and the United Nations 4 Guiding Principles on Business and Human Rights; 5 and 6 ‘‘(2) request that such businesses and individ- 7 uals provide to the Department of State periodic re- 8 ports on their adherence to such principles. 9 ‘‘(f) UNITED STATES ASSISTANCE.—The President 10 shall provide grants to nongovernmental organizations to 11 support sustainable economic development, cultural and 12 historical preservation, health care, education, and envi- 13 ronmental sustainability projects for Tibetan communities 14 in Tibet, in accordance with the principles specified in sub- 15 section (d) and subject to the review and approval of the 16 United States Special Coordinator for Tibetan Issues 17 under section 621(d) or, if the Coordinator has not been 18 appointed, the Assistant Secretary of State for Democ- 19 racy, Human Rights, and Labor.’’. 20 (c) DIPLOMATIC REPRESENTATION RELATING TO 21 TIBET.—Section 618 of such Act (22 U.S.C. 6901 note) 22 is amended to read as follows: 23 VerDate Sep 11 2014 23:11 Sep 27, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2539.IS S2539 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2539 IS ‘‘SEC. 618. DIPLOMATIC REPRESENTATION RELATING TO 1 TIBET. 2 ‘‘(a) UNITED STATES CONSULATE IN LHASA, 3 TIBET.— 4 ‘‘(1) IN GENERAL.—The Secretary shall seek to 5 establish a United States consulate in Lhasa, Tibet, 6 to provide consular services to United States citizens 7 traveling in Tibet and to monitor political, economic, 8 and cultural developments in Tibet. 9 ‘‘(2) CONSULAR DISTRICTS.—The Secretary 10 should organize the United States Embassy’s con- 11 sular districts within the People’s Republic of China 12 so that all areas designated as autonomous for Ti- 13 betans are contained within the same consular dis- 14 trict. 15 ‘‘(b) TIBET SECTION IN UNITED STATES EMBASSY 16 IN BEIJING, CHINA.— 17 ‘‘(1) IN GENERAL.—The Secretary shall estab- 18 lish a Tibet section within the United States Em- 19 bassy in Beijing, China, to follow political, economic, 20 and social developments in Tibet until such time as 21 a United States consulate in Lhasa, Tibet, is estab- 22 lished under subsection (a). 23 ‘‘(2) DUTIES.—The Tibet section established 24 under paragraph (1) shall have the primary respon- 25 sibility of reporting on human rights issues and ac- 26 VerDate Sep 11 2014 23:11 Sep 27, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2539.IS S2539 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 2539 IS cess to Tibet by United States Government officials, 1 journalists, nongovernmental organizations, and the 2 Tibetan diaspora and shall work in close cooperation 3 with the United States Special Coordinator for Ti- 4 betan Issues. 5 ‘‘(c) POLICY.—The Secretary shall not authorize the 6 establishment in the United States of any additional con- 7 sulate of the People’s Republic of China until such time 8 as a United States consulate in Lhasa, Tibet, is estab- 9 lished under subsection (a).’’. 10 (d) RELIGIOUS PERSECUTION IN TIBET.—Section 11 620(b) of such Act (22 U.S.C. 6901 note) is amended by 12 adding at the end before the period the following: ‘‘, in- 13 cluding with respect to the reincarnation system of Ti- 14 betan Buddhism’’. 15 (e) UNITED STATES SPECIAL COORDINATOR FOR TI- 16 BETAN ISSUES.—Section 621 of such Act (22 U.S.C. 6901 17 note) is amended— 18 (1) by amending subsection (c) to read as fol- 19 lows: 20 ‘‘(c) OBJECTIVES.—The objectives of the Special Co- 21 ordinator are to— 22 ‘‘(1) promote substantive dialogue without pre- 23 conditions between the Government of the People’s 24 Republic of China and the Dalai Lama or his rep- 25 VerDate Sep 11 2014 23:11 Sep 27, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2539.IS S2539 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 2539 IS resentatives or Central Tibetan Administration rep- 1 resentatives leading to a negotiated agreement on 2 Tibet; 3 ‘‘(2) encourage the Government of the People’s 4 Republic of China to address the aspirations of the 5 Tibetan people regarding their cultural, religious, 6 linguistic, and national identity; 7 ‘‘(3) promote the human rights and religious 8 freedoms of the Tibetan people, including women’s 9 human rights; 10 ‘‘(4) promote activities to preserve the distinct 11 environment and water resources of the Tibetan pla- 12 teau; 13 ‘‘(5) promote economic development as enumer- 14 ated in section 616(e); and 15 ‘‘(6) promote access to Tibet in accordance with 16 the Reciprocal Access to Tibet Act of 2018 (Public 17 law 115–330).’’; 18 (2) in subsection (d)— 19 (A) in paragraph (5), by striking ‘‘and’’ at 20 the end; 21 (B) by redesignating paragraph (6) as 22 paragraph (8); and 23 (C) by inserting after paragraph (5) the 24 following new paragraphs: 25 VerDate Sep 11 2014 23:11 Sep 27, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2539.IS S2539 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 2539 IS ‘‘(6) review and approve all projects carried out 1 pursuant to section 616(f) of this Act and section 2 7(b) of the Tibetan Policy and Support Act of 2019; 3 ‘‘(7) seek to establish international diplomatic 4 coalitions to— 5 ‘‘(A) oppose any effort by the Government 6 of the People’s Republic of China to identify or 7 install Tibetan Buddhist religious leaders in a 8 manner inconsistent with the established reli- 9 gious practice and system of Tibetan Bud- 10 dhism; and 11 ‘‘(B) ensure that the identification and in- 12 stallation of Tibetan Buddhist religious leaders, 13 including a future 15th Dalai Lama, is deter- 14 mined solely within the Tibetan Buddhist faith 15 community, in accordance with the universally 16 recognized right to religious freedom; and’’; and 17 (3) by adding at the end the following new sub- 18 section: 19 ‘‘(e) PERSONNEL.—The Secretary shall assign not 20 less than three individuals to the Office of the Special Co- 21 ordinator to assist in the management of the responsibil- 22 ities of this section.’’. 23 VerDate Sep 11 2014 23:11 Sep 27, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2539.IS S2539 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 2539 IS (f) GEOGRAPHIC DEFINITION OF TIBET.—Such Act 1 (22 U.S.C. 6901 note), as so amended, is further amended 2 by adding at the end the following new section: 3 ‘‘SEC. 622. GEOGRAPHIC DEFINITION OF TIBET. 4 ‘‘In this Act and in implementing policies relating to 5 the Tibetan people under other provisions of law, the term 6 ‘Tibet’, unless otherwise specified, means— 7 ‘‘(1) the Tibet Autonomous Region; and 8 ‘‘(2) the Tibetan areas of Qinghai, Sichuan, 9 Gansu, and Yunnan provinces.’’. 10 SEC. 3. STATEMENT OF POLICY REGARDING THE SUCCES- 11 SION OR REINCARNATION OF THE DALAI 12 LAMA. 13 (a) FINDINGS.—Congress finds the following: 14 (1) Tibetan Buddhism is practiced in many 15 countries, including the People’s Republic of China, 16 Bhutan, Nepal, Mongolia, India, the Russian Fed- 17 eration, and the United States. 18 (2) No single political entity encompasses the 19 territory in which Tibetan Buddhism is practiced. 20 (3) The Dalai Lama is widely revered by Ti- 21 betan Buddhists and those who practice Tibetan 22 Buddhism around the world, including those in the 23 United States, as their spiritual leader. 24 VerDate Sep 11 2014 23:11 Sep 27, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2539.IS S2539 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 2539 IS (4) Under the Tibetan Buddhist belief system, 1 there have been 14 persons recognized as the Dalai 2 Lama, each a manifestation of the Bodhisattva of 3 Compassion, selected according to the spiritual tra- 4 ditions and practices of Tibetan Buddhism. 5 (5) The 14th Dalai Lama, Tenzin Gyatso, 6 issued a statement on September 24, 2011, explain- 7 ing the traditions and spiritual precepts of the selec- 8 tion of Dalai Lamas, setting forth his views on the 9 considerations and process for selecting his suc- 10 cessor, and providing a response to the claims of the 11 Government of the People’s Republic of China that 12 only that Government has the ultimate authority in 13 the selection process of the Dalai Lama. 14 (6) The 14th Dalai Lama said in his statement 15 that if a decision to continue the institution of the 16 Dalai Lama is made, that the responsibility shall 17 primarily rest with the Dalai Lama’s Gaden 18 Phodrang Trust, who will be informed by the written 19 instructions of the 14th Dalai Lama. 20 (7) Since 2011, the 14th Dalai Lama has reit- 21 erated publicly on numerous occasions that decisions 22 on the succession or reincarnation of the next Dalai 23 Lama belong to the Tibetan Buddhist faith commu- 24 nity alone. 25 VerDate Sep 11 2014 23:11 Sep 27, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2539.IS S2539 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 2539 IS (8) The Government of the People’s Republic of 1 China has interfered in the process of recognizing a 2 successor or reincarnation of Tibetan Buddhist lead- 3 ers, including in 1995 by arbitrarily detaining 4 Gedhun Choekyi Nyima, a 6-year-old boy who was 5 identified as the 11th Panchen Lama, and pur- 6 porting to install its own candidate as the Panchen 7 Lama. 8 (9) During his confirmation hearings to be Sec- 9 retary of State, Michael Pompeo testified to the 10 Committee on Foreign Relations of the Senate, ‘‘If 11 confirmed, I will press the Chinese government to 12 respect the legitimacy of Tibetan Buddhists’ reli- 13 gious practices. This includes the decisions of Ti- 14 betan Buddhists in selecting, educating, and vener- 15 ating the lamas who lead the faith, such as the 16 Dalai Lama.’’. 17 (10) The Department of State’s Report on 18 International Religious Freedom for 2017 reported 19 on policies and efforts of the Government of the 20 People’s Republic of China to exert control over the 21 selection of Tibetan Buddhist religious leaders, in- 22 cluding reincarnate lamas, and stated that ‘‘U.S. of- 23 ficials underscored that de [Text truncated for display. Full text available on Congress.gov.]