[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 852 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 852
To support the aspirations of the Tibetan people to safeguard their
distinct identity.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 9, 2001
Mrs. Feinstein (for herself, Mr. Thomas, Mr. Leahy, Mr. Jeffords, Mr.
Lieberman, Mr. Levin, Mr. Wellstone, Mrs. Boxer, Mr. Akaka, Mr.
Feingold, Mr. Kennedy, Mrs. Murray, and Mr. Torricelli) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
A BILL
To support the aspirations of the Tibetan people to safeguard their
distinct identity.
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 ``Tibetan Policy Act of 2001''.
SEC. 2. STATEMENT OF PURPOSE.
The purpose of this Act is to support the aspirations of the
Tibetan people to safeguard their distinct identity.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) The People's Republic of China has failed to respond to
efforts by the United States and others to initiate a dialogue
between the Chinese leadership and the Dalai Lama or his
representatives leading to a mutually beneficial negotiated
solution with respect to Tibet.
(2) Tibet has maintained throughout its history a national
identity distinct from that of China.
(3) On October 1, 1949, the People's Republic of China was
formally proclaimed in Beijing and the following year launched
an armed invasion of Tibet.
(4) Under the 1951 Seventeen Point Agreement negotiated
between the People's Republic of China and representatives of
the Tibetan Government, which incorporated Tibet into China,
China guaranteed no alteration of Tibetan political, cultural,
and religious systems and institutions.
(5) The failure of the People's Republic of China to adhere
to or uphold the Seventeen Point Agreement, and the imposition
of so-called democratic reform, led to the March 1959 uprising
in Lhasa and the Dalai Lama's repudiation of the Seventeen
Point Agreement and flight to exile.
(6) Since the revolt against Chinese rule in Tibet that
began in 1956 and through the end of the Cultural Revolution in
1976, an estimated 1,200,000 Tibetans were killed and more than
6,000 religious sites were destroyed.
(7) In 1959, 1960, 1964, and 1997 the International
Commission of Jurists examined Chinese policy in Tibet,
violations of human rights in Tibet, and the position of Tibet
in international law.
(8) The International Commission of Jurists found that the
People's Republic of China had committed ``acts of genocide . .
. in Tibet in an attempt to destroy the Tibetans as a religious
group'' and that Tibet was at least ``a de facto state'' prior
to 1951.
(9) The United Nations General Assembly adopted resolutions
in 1959, 1961, and 1965 calling on the People's Republic of
China to ensure respect for fundamental human rights of the
Tibetan people and for their distinctive cultural and religious
life, and to cease practices which deprive the Tibetan people
of their fundamental rights and freedoms, including the right
to self-determination.
(10) The 2000 Department of State Country Report on Human
Rights Practices finds that ``Chinese government authorities
continued to commit numerous serious human rights abuses in
Tibet, including instances of torture, arbitrary arrest,
detention without public trial, and lengthy detention of
Tibetan nationalists for peacefully expressing their political
or religious views, and tight controls on religion and on other
fundamental freedoms continued and intensified during the
year''.
(11) Human rights, religious freedom, and the preservation
of Tibet's distinct religious, cultural, and linguistic
identity are legitimate interests of the international
community.
(12) It is the policy of the United States to promote the
elimination of all forms of racial, religious, and linguistic
discrimination against the Tibetan people.
(13) Voice of America and Radio Free Asia Tibetan language
broadcast programs provide information to the Tibetan people
withheld from them by the Government of the People's Republic
of China and, thus, a critical service in protecting the
distinct Tibetan identity and promoting freedoms in Tibet.
(14) The Government of the People's Republic of China,
through direct and indirect incentives, has encouraged an
overwhelming number of Chinese to resettle in Tibet.
(15) The Government of the People's Republic of China has
excluded Tibetans from participation in important policy
decisions and meaningful participation in the governance of
Tibet, and has failed to abide by its guarantees of autonomy
for Tibet.
(16) The Guidelines for International Development Projects
and Sustainable Investment in Tibet issued by the Central
Tibetan Administration of His Holiness the Dalai Lama establish
a sound basis for fostering responsible development and
economic activity in Tibet.
(17) As a result of the failure of the Government of the
People's Republic of China to grant genuine autonomy for Tibet
and the preference it has shown in its economic and human
infrastructure development efforts for Chinese in Tibet,
Tibetans continue to remain plagued by poverty, illiteracy,
poor nutrition, and their prosperity is further hindered by a
limited infrastructure and communications network that provides
them only a marginal benefit.
(18) The People's Republic of China has ratified the
International Covenant on Economic, Social, and Cultural Rights
and is thereby bound by its provisions and to international
monitoring of its human rights practices, and China has signed
the International Covenant on Civil and Political Rights, and
Article One of each covenant states that all peoples have the
right of self-determination.
(19) President Jiang Zemin, in a press conference with
President Clinton on June 27, 1997, and similarly on other
occasions, has stated that if the Dalai Lama ``recognizes that
Tibet is an inseparable part of China, then the door to
negotiations is open''.
(20) The Dalai Lama has specifically stated that he is not
seeking independence and is committed to finding a negotiated
solution within the framework enunciated by Deng Xiaoping in
1979, and in his statement on the ``41st Anniversary of the
Tibetan National Uprising'', and similarly on other occasions,
has said that ``it has been my consistent endeavor to find a
peaceful and mutually acceptable solution to the Tibetan
problem . . . [m]y approach envisages that Tibet enjoy genuine
autonomy within the framework of the People's Republic of China
. . . [s]uch a mutually beneficial solution would contribute to
the stability and unity of China, their two most important
priorities, while at the same time the Tibetans would be
ensured of their basic right to preserve their own
[c]ivilization and to protect the delicate environment of the
Tibetan plateau''.
SEC. 4. DECLARATIONS OF POLICY.
Congress--
(1) as stated in section 355 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-
138), reaffirms that Tibet including those Tibetan areas
incorporated into the Chinese provinces of Sichuan, Yunnan,
Gansu, and Qinghai is an occupied country under the established
principles of international law;
(2) commends the Republic of India for providing asylum and
ongoing humanitarian care to the Dalai Lama and Tibetans and
exile and assuming the financial burden of such care on the
resources of India; and
(3) commends the Kingdom of Nepal for shelter and
hospitality provided to Tibetans in exile;
(4) expresses concern over incidents of ill treatment of
transitory Tibetans in border areas; and
(5) urges continued cooperation with the Office of the
United Nations High Commissioner for Refugees in Kathmandu.
SEC. 5. TIBET NEGOTIATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the President and Secretary of State should initiate
steps to encourage the Government of the People's Republic of
China to enter into a dialogue with the Dalai Lama or his
representatives leading to a negotiated agreement on Tibet; and
(2) after such an agreement is reached, the President and
Secretary of State should work to ensure compliance with the
agreement.
(b) Periodic Report.--Not later than six months after the date of
the enactment of this Act, and not later than the end of every six-
month period thereafter (until such a time as an agreement described in
subsection (a)(1) is reached which is satisfactory to both the Chinese
and Tibetan peoples), the President shall transmit to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on (1) the steps
initiated by the President and Secretary of State in accordance with
subsection (a)(1), and (2) the status of any discussions between the
People's Republic of China and the Dalai Lama or his representatives.
SEC. 6. REPORTING ON TIBET.
In accordance with section 536(b) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236),
whenever a report is transmitted to the Congress on a country-by-
country basis there shall be included in such report, where applicable,
a separate section on Tibet. The reports referred to in the preceding
sentence include reports transmitted under sections 116(d) and 502B(b)
of the Foreign Assistance Act of 1961 (relating to human rights).
SEC. 7. UNITED STATES SPECIAL COORDINATOR FOR TIBETAN ISSUES.
(a) United States Special Coordinator for Tibetan Issues.--There
shall be within the Department of State a United States Special
Coordinator for Tibetan Issues.
(b) Consultation.--The Secretary of State shall consult with the
Chairman and Ranking Member of the Committee on Foreign Relations of
the Senate and the Committee on International Relations of the House of
Representatives prior to the designation of the Special Coordinator.
(c) Central Objective.--The central objective of the Special
Coordinator is to promote substantive dialogue between the Government
of the People's Republic of China and the Dalai Lama or his
representatives.
(d) Duties and Responsibilities.--The Special Coordinator shall--
(1) coordinate United States Government policies, programs,
and projects concerning Tibet;
(2) vigorously promote the policy of seeking to protect the
distinct historical, religious, cultural, and linguistic
identity of Tibet, and seeking improved respect for human
rights;
(3) maintain close contact with religious, cultural, and
political leaders of the Tibetan people, including regular
travel to Tibetan areas of the People's Republic of China, and
to Tibetan refugee settlements in India and Nepal;
(4) consult with Congress on policies relevant to Tibet and
the future and welfare of the Tibetan people;
(5) make efforts to establish contacts in the foreign
ministries of other countries to pursue a negotiated solution
for Tibet; and
(6) have adequate resources, staff, and administrative
support for the mission.
SEC. 8. CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC OF
CHINA.
Section 302(h) of the U.S.-China Relations Act of 2000 (Public Law
106-286), relating to the Congressional-Executive Commission on the
People's Republic of China, is amended--
(1) by striking ``shall include specific information'' and
inserting the following: ``shall include--
``(1) specific information''; and
(2) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(2) a description of the status of negotiations between
the Government of the People's Republic of China and the Dalai
Lama or his representatives, and measures taken to safeguard
Tibet's distinct historical, religious, cultural, and
linguistic identity and the protection of human rights.''.
SEC. 9. TIBETAN REFUGEES.
(a) Migration and Refugee Assistance.--Of the amounts authorized to
be appropriated for migration and refugee assistance programs for
fiscal years 2002, 2003, and 2004, $2,000,000 for each such fiscal year
is authorized to be available only for humanitarian assistance for
Tibetan refugees.
(b) Educational and Cultural Exchange Programs.--Of the amounts
authorized to be appropriated for educational and cultural exchange
programs for fiscal years 2002, 2003, and 2004--
(1) $500,000 for each such fiscal year is authorized to be
available only for the Ngawang Choephel Tibetan scholarship
program for Tibetans in exile; and
(2) $250,000 for each such fiscal year is authorized to be
available only for assistance to nongovernmental organizations,
such as the National Endowment for Democracy, for the purpose
of providing training and education in democracy activities for
Tibetans and monitoring the human rights situation in Tibet.
SEC. 10. ECONOMIC DEVELOPMENT ON THE TIBETAN PLATEAU.
(a) Declarations of Policy.--It is the policy of the United States
to encourage and use the voice and vote of the United States to support
projects proposed to be funded or otherwise supported by international
financial institutions, other international organizations, and
nongovernmental organizations in Tibet that are designed to raise the
standard of living for the Tibetan people and assist Tibetans to become
self-sufficient, if the projects meet the principles contained in
subsection (d).
(b) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to encourage and use the voice and
vote of the United States to support projects in Tibet proposed to be
funded or otherwise supported by such international financial
institutions, if the projects are consistent with the principles
contained in subsection (d).
(c) Export-Import Bank, OPIC, and TDA.--The President shall direct
the Export-Import Bank of the United States, the Overseas Private
Investment Corporation, and the Trade and Development Agency to support
projects proposed to be funded or otherwise supported by such entities
in Tibet, if the projects are consistent with the principles contained
in subsection (d).
(d) Tibet Principles.--Projects in Tibet supported by international
financial institutions, other international organizations,
nongovernmental organizations, and the United States entities referred
to in subsection (c), should--
(1) be implemented only after conducting a thorough needs-
assessment of the Tibetan people through field visits and
interviews;
(2) be preceded by cultural and environmental impact
assessments;
(3) foster self-sufficiency and self-reliance of Tibetans;
(4) promote accountability of the development agencies to
the Tibetan people and active participation of Tibetans in all
project stages;
(5) respect Tibetan culture, traditions, and the Tibetan
knowledge and wisdom about their landscape and survival
techniques;
(6) be subject to monitoring by the development agencies at
all stages of the project by a local presence to ensure that
the intended target group benefits;
(7) be implemented by development agencies prepared to use
Tibetan as the working language of the projects;
(8) neither provide incentive for, nor facilitate the
migration and settlement of, non-Tibetans into Tibet; and
(9) neither provide incentive for, nor facilitate the
transfer of ownership of, Tibetan land and natural resources to
non-Tibetans.
SEC. 11. UNITED STATES-EUROPEAN INTERPARLIAMENTARIAN GROUP.
It is the sense of Congress that the United States and European
parliamentarians participating in the United States-European
Interparliamentary Group should focus on issues related to advancing
the dialogue between the leadership of the People's Republic of China
and the Dalai Lama or his representatives in addition to their normal
responsibilities.
SEC. 12. RELEASE OF PRISONERS AND ACCESS TO PRISONS.
It is the sense of Congress that the President and Secretary of
State, in meetings with representatives of the Government of the
People's Republic of China, should--
(1) request the immediate and unconditional release of all
those held prisoner for expressing their political or religious
views in Tibet;
(2) seek access for international humanitarian
organizations to prisoners in Tibet to ensure that prisoners
are not being mistreated and are receiving necessary medical
care; and
(3) seek the immediate medical parole of Ngawang Choephel
and other Tibetan prisoners known to be in serious ill health.
SEC. 13. ESTABLISHMENT OF A UNITED STATES BRANCH OFFICE IN LHASA,
TIBET.
The Secretary of State shall make best efforts to establish an
office in Lhasa, Tibet, to monitor political, economic, and cultural
developments in Tibet.
SEC. 14. SENSE OF CONGRESS.
It is the sense of Congress that the United States will seek ways
to support economic development, cultural preservation, health care,
and education and environmental sustainability for Tibetans inside
Tibet.
SEC. 15. REQUIREMENT FOR TIBETAN LANGUAGE TRAINING.
The Secretary of State shall ensure that Tibetan language training
is available to foreign service officers, and that every effort is made
to ensure that a Tibetan-speaking foreign service officer is assigned
to a consulate in the People's Republic of China responsible for
tracking developments in Tibet.
SEC. 16. TIBET CONSIDERATIONS AT THE UNITED NATIONS.
It is the sense of Congress that--
(1) the United States Government should oppose any efforts
to prevent consideration of issues related to Tibet in any body
of the United Nations;
(2) the United States Government should oppose any efforts
to prevent the participation of the Dalai Lama or any
representative of the Dalai Lama in nongovernmental fora hosted
by or otherwise organized under the auspices of any body of the
United Nations; and
(3) the Secretary of State should instruct the United
States Permanent Representative to the United Nations to
support the appointment of a special rapporteur or working
group for Tibet for the purposes of monitoring human rights
violations in Tibet, and for making reports available to the
High Commissioner for Refugees, High Commissioner for Human
Rights, Human Rights Commission, General Assembly, and other
United Nations bodies.
SEC. 17. RELIGIOUS PERSECUTION IN TIBET.
(a) High-Level Contacts.--Pursuant to section 105 of the
International Religious Freedom Act of 1998, the United States
Ambassador to the People's Republic of China--
(1) shall seek to meet with the 11th Panchen Lama, who was
taken from his home on May 17, 1995, and otherwise ascertain
information concerning his whereabouts and well-being; and
(2) shall request the Government of the People's Republic
of China that the 11th Panchen Lama be released and allowed to
pursue his religious studies without interference and according
to tradition.
(b) Promotion of Increased Advocacy.--Pursuant to section 108(a) of
the International Religious Freedom Act of 1998, it is the sense of
Congress that representatives of the United States Government in
exchanges with officials of the Government of the People's Republic of
China should call for and otherwise promote the cessation of all
interference by the Government of the People's Republic of China or
Communist Party in the religious affairs of the Tibetan people.
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