[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1872 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 701
115th CONGRESS
  2d Session
                                H. R. 1872


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 26, 2018

Received; read twice and referred to the Committee on Foreign Relations

                           November 29, 2018

               Reported by Mr. Corker, without amendment

_______________________________________________________________________

                                 AN ACT


 
  To promote access for United States diplomats and other officials, 
   journalists, and other citizens to Tibetan areas of the People's 
               Republic of China, 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 ``Reciprocal Access to Tibet Act of 
2018''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Government of the People's Republic of China does 
        not grant United States diplomats and other officials, 
        journalists, and other citizens access to China on a basis that 
        is reciprocal to the access that the Government of the United 
        States grants Chinese diplomats and other officials, 
        journalists, and citizens.
            (2) The Government of China imposes greater restrictions on 
        travel to Tibetan areas than to other areas of China.
            (3) Officials of China have stated that Tibet is open to 
        foreign visitors.
            (4) The Government of China is promoting tourism in Tibetan 
        areas, and at the Sixth Tibet Work Forum in August 2015, 
        Premier Li Keqiang called for Tibet to build ``major world 
        tourism destinations''.
            (5) The Government of China requires foreigners to obtain 
        permission from the Tibet Foreign and Overseas Affairs Office 
        or from the Tibet Tourism Bureau to enter the Tibet Autonomous 
        Region, a restriction that is not imposed on travel to any 
        other provincial-level jurisdiction in China.
            (6) The Department of State reports that--
                    (A) officials of the Government of the United 
                States submitted 39 requests for diplomatic access to 
                the Tibet Autonomous Region between May 2011 and July 
                2015, but only four were granted; and
                    (B) when such requests are granted, diplomatic 
                personnel are closely supervised and given few 
                opportunities to meet local residents not approved by 
                authorities.
            (7) The Government of China delayed United States consular 
        access for more than 48 hours after an October 28, 2013, bus 
        crash in the Tibet Autonomous Region, in which three citizens 
        of the United States died and more than a dozen others, all 
        from Walnut, California, were injured, undermining the ability 
        of the Government of the United States to provide consular 
        services to the victims and their families, and failing to meet 
        China's obligations under the Convention on Consular Relations, 
        done at Vienna April 24, 1963 (21 UST 77).
            (8) Following a 2015 earthquake that trapped dozens of 
        citizens of the United States in the Tibet Autonomous Region, 
        the United States Consulate General in Chengdu faced 
        significant challenges in providing emergency consular 
        assistance due to a lack of consular access.
            (9) The Country Reports on Human Rights Practices for 2015 
        of the Department of State stated ``With the exception of a few 
        highly controlled trips, the Chinese government also denied 
        multiple requests by foreign diplomats for permission to visit 
        the TAR.''.
            (10) Tibetan-Americans, attempting to visit their homeland, 
        report having to undergo a discriminatory visa application 
        process, different from what is typically required, at the 
        Chinese embassy and consulates in the United States, and often 
        find their requests to travel denied.
            (11) The Country Reports on Human Rights Practices for 2016 
        of the Department of State stated ``The few visits to the TAR 
        by diplomats and journalists that were allowed were tightly 
        controlled by local authorities.''.
            (12) A September 2016 article in the Washington Post 
        reported that ``The Tibet Autonomous Region . . . is harder to 
        visit as a journalist than North Korea.''.
            (13) The Government of China has failed to respond 
        positively to requests from the Government of the United States 
        to open a consulate in Lhasa, Tibet Autonomous Region.
            (14) The Foreign Correspondents Club of China reports 
        that--
                    (A) 2008 rules prevent foreign reporters from 
                visiting the Tibet Autonomous Region without prior 
                permission from the Government of such Region;
                    (B) such permission has only rarely been granted; 
                and
                    (C) although the 2008 rules allow journalists to 
                travel freely in other parts of China, Tibetan areas 
                outside such Region remain ``effectively off-limits to 
                foreign reporters''.
            (15) The Department of State reports that in addition to 
        having to obtain permission to enter the Tibet Autonomous 
        Region, foreign tourists--
                    (A) must be accompanied at all times by a 
                government-designated tour guide;
                    (B) are rarely granted permission to enter the 
                region by road;
                    (C) are largely barred from visiting around the 
                March anniversary of a 1959 Tibetan uprising; and
                    (D) are banned from visiting the area where Larung 
                Gar, the world's largest center for the study of 
                Tibetan Buddhism, and the site of a large-scale 
                campaign to expel students and demolish living 
                quarters, is located.
            (16) Foreign visitors also face restrictions in their 
        ability to travel freely in Tibetan areas outside the Tibet 
        Autonomous Region.
            (17) The Government of the United States generally allows 
        journalists and other citizens of China to travel freely within 
        the United States. The Government of the United States requires 
        diplomats from China to notify the Department of State of their 
        travel plans, and in certain situations, the Government of the 
        United States requires such diplomats to obtain approval from 
        the Department of State before travel. However, where approval 
        is required, it is almost always granted expeditiously.
            (18) The United States regularly grants visas to Chinese 
        diplomats and other officials, scholars, and others who travel 
        to the United States to discuss, promote, and display the 
        perspective of the Government of China on the situation in 
        Tibetan areas, even as the Government of China restricts the 
        ability of citizens of the United States to travel to Tibetan 
        areas to gain their own perspective.
            (19) Chinese diplomats based in the United States generally 
        avail themselves of the freedom to travel to United States 
        cities and lobby city councils, mayors, and governors to 
        refrain from passing resolutions, issuing proclamations, or 
        making statements of concern on Tibet.
            (20) The Government of China characterizes statements made 
        by officials of the United States about the situation in 
        Tibetan areas as inappropriate interference in the internal 
        affairs of China.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on the Judiciary of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on the Judiciary of the House of 
                Representatives.
            (2) Tibetan areas.--The term ``Tibetan areas'' includes--
                    (A) the Tibet Autonomous Region; and
                    (B) the areas that the Chinese Government 
                designates as Tibetan Autonomous, as follows:
                            (i) Kanlho (Gannan) Tibetan Autonomous 
                        Prefecture, and Pari (Tianzhu) Tibetan 
                        Autonomous County located in Gansu Province.
                            (ii) Golog (Guoluo) Tibetan Autonomous 
                        Prefecture, Malho (Huangnan) Tibetan Autonomous 
                        Prefecture, Tsojang (Haibei) Tibetan Autonomous 
                        Prefecture, Tsolho (Hainan) Tibetan Autonomous 
                        Prefecture, Tsonub (Haixi) Mongolian and 
                        Tibetan Autonomous Prefecture, and Yulshul 
                        (Yushu) Tibetan Autonomous Prefecture, located 
                        in Qinghai Province.
                            (iii) Garze (Ganzi) Tibetan Autonomous 
                        Prefecture, Ngawa (Aba) Tibetan and Qiang 
                        Autonomous Prefecture, and Muli (Mili) Tibetan 
                        Autonomous County, located in Sichuan Province.
                            (iv) Dechen (Diqing) Tibetan Autonomous 
                        Prefecture, located in Yunnan Province.

SEC. 4. ANNUAL REPORT ON ACCESS TO TIBETAN AREAS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter for the following five 
years, the Secretary of State shall submit to the appropriate 
congressional committees, and make available to the public on the 
website of the Department of State, a report that includes an 
assessment of the level of access Chinese authorities granted diplomats 
and other officials, journalists, and tourists from the United States 
to Tibetan areas, including--
            (1) a comparison with the level of access granted to other 
        areas of China;
            (2) a comparison between the levels of access granted to 
        Tibetan and non-Tibetan areas in relevant provinces;
            (3) a comparison of the level of access in the reporting 
        year and the previous reporting year; and
            (4) a description of the required permits and other 
        measures that impede the freedom to travel in Tibetan areas.
    (b) Consolidation.--After the issuance of the first report required 
by subsection (a), the Secretary of State is authorized to incorporate 
subsequent reports required by subsection (a) into other publicly 
available, annual reports produced by the Department of State, provided 
they are submitted to the appropriate congressional committees in a 
manner specifying that they are being submitted in fulfillment of the 
requirements of this Act.

SEC. 5. INADMISSIBILITY OF CERTAIN ALIENS.

    (a) Ineligibility for Visas.--No individual whom the Secretary of 
State has determined to be substantially involved in the formulation or 
execution of policies related to access for foreigners to Tibetan areas 
may be eligible to receive a visa to enter the United States or be 
admitted to the United States if the Secretary of State determines 
that--
            (1)(A) the requirement for specific official permission for 
        foreigners to enter the Tibetan Autonomous Region remains in 
        effect; or
                    (B) such requirement has been replaced by a 
                regulation that has a similar effect and requires 
                foreign travelers to gain a level of permission to 
                enter the Tibet Autonomous Region that is not required 
                for travel to other provinces in China; and
            (2) restrictions on travel by diplomats and other 
        officials, journalists, and citizens of the United States to 
        areas designated as ``Tibetan Autonomous'' in the provinces of 
        Sichuan, Qinghai, Yunnan, and Gansu of China are greater than 
        any restrictions on travel by such officials and citizens to 
        areas in such provinces that are not so designated.
    (b) Current Visas Revoked.--The Secretary of State shall revoke, in 
accordance with section 221(i) of the Immigration and Nationality Act 
(8 U.S.C. 1201(i)), the visa or other documentation to enter or be 
present in the United States issued for an alien who would be 
ineligible to receive such a visa or documentation under subsection 
(a).
    (c) Report to Congress.--Not later than one year after the date of 
the enactment of this Act, and annually thereafter for the following 
five years, the Secretary of State shall provide to the appropriate 
congressional committees a report identifying the individuals who have 
had visas denied or revoked pursuant to this section during the 
preceding year and, to the extent practicable, a list of Chinese 
officials who were substantially involved in the formulation or 
execution of policies to restrict access of United States diplomats and 
other officials, journalists, and citizens of the United States to 
Tibetan areas. The report required by this subsection shall be 
submitted in unclassified form, but may include a classified annex.
    (d) Waiver for National Interest.--
            (1) In general.--The Secretary of State may waive the 
        application of subsection (a) or (b) in the case of an alien if 
        the Secretary determines that such a waiver--
                    (A) 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 (TIAS 
                1676), or any other applicable international obligation 
                of the United States; or
                    (B) is in the national interest of the United 
                States.
            (2) Notification.--Upon granting a waiver under paragraph 
        (1), the Secretary of State shall submit to the appropriate 
        congressional committees a document detailing the evidence and 
        justification for the necessity of such waiver, including, if 
        such waiver is granted pursuant to paragraph (1)(B), how such 
        waiver relates to the national interest of the United States.

SEC. 6. SENSE OF CONGRESS.

    It is the sense of Congress that the Secretary of State, when 
granting diplomats and other officials from China access to parts of 
the United States, including consular access, should take into account 
the extent to which the Government of China grants diplomats and other 
officials from the United States access to parts of China, including 
the level of access afforded to such diplomats and other officials to 
Tibetan areas.
                                                       Calendar No. 701

115th CONGRESS

  2d Session

                               H. R. 1872

_______________________________________________________________________

                                 AN ACT

  To promote access for United States diplomats and other officials, 
   journalists, and other citizens to Tibetan areas of the People's 
               Republic of China, and for other purposes.

_______________________________________________________________________

                           November 29, 2018

                       Reported without amendment