[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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