Pub. L. 116-260, div. FF, tit. III, subtit. E, sec. 341 (as amended)
MODIFICATIONS TO AND REAUTHORIZATION OF TIBETAN POLICY ACT OF 2020.
SEC. 341. MODIFICATIONS TO AND REAUTHORIZATION OF TIBETAN POLICY ACT OF 2020.
(a) Tibetan Negotiations.—Section 613 of the Tibetan Policy Act of 2002 (22 U.S.C. 6901 note) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by inserting “without preconditions” after “a dialogue”;
(ii) by inserting “or democratically-elected leaders of the Tibetan community” after “his representatives”; and
(iii) by inserting before the period at the end the following: “and should coordinate with other governments in multilateral efforts toward this goal”;
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new paragraph:
“(2) Policy communication.—The Secretary of State shall ensure that, in accordance with this Act, United States policy on Tibet, as coordinated by the United States Special Coordinator for Tibetan Issues, is communicated to all Federal departments and agencies in contact with the Government of the People’s Republic of China.”
;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1)—
(i) by striking “until December 31, 2021” and inserting “until December 31, 2031”; and
(ii) by inserting “and direct the Department of State to make public on its website” after “appropriate congressional committees”;
(B) in paragraph (1), by striking “; and” and inserting a semicolon;
(C) in paragraph (2), by striking the period at the end and inserting “; and” ; and
(D) by adding at the end the following new paragraph:
“(3) the steps taken by the United States Government to promote the human rights and distinct religious, cultural, linguistic, and historical identity of the Tibetan people, including the right of the Tibetan people to select, educate, and venerate their own religious leaders in accordance with their established religious practice and system.”
.
(b) Tibet Project Principles.—Section 616 of such Act (22 U.S.C. 6901 note) is amended—
(1) in subsection (d)—
(A) in paragraph (5), by inserting “human rights,” after “respect Tibetan”;
(B) in paragraph (8), by striking “; and” and inserting a semicolon;
(C) in paragraph (9)—
(i) by inserting “involuntary or coerced” after “nor facilitate the”; and
(ii) by striking the period at the end and inserting “; and”; and
(D) by adding at the end the following new paragraph:
“(10) neither provide incentive for, nor facilitate the involuntary or coerced relocation of, Tibetan nomads from their traditional pasturelands into concentrated settlements.”
;
(2) by adding at the end the following new subsections:
“(e) United States Assistance.—
“(1) In general.—The President is authorized to provide assistance to nongovernmental organizations to support inclusive economic growth, resilience, global health, education, environmental stewardship, and cultural and historical preservation for Tibetan communities in Tibet, in accordance with the principles specified in subsection (d).
“(2) Coordination.—Assistance authorized under paragraph (1) shall be carried out in coordination with the United States Special Coordinator for Tibetan Issues in accordance with section 621(d).
“(f) Private Sector Investment.—The Secretary of State, in coordination with the Secretary of Commerce, should—
“(1) encourage United States businesses and individuals that are engaged in commerce or investing in enterprises in Tibet to be guided by the principles specified in subsection (d) and the United Nations Guiding Principles on Business and Human Rights; and
“(2) hold regular consultations with businesses and individuals that are engaged in commerce or are investing in enterprises in Tibet about the principles referenced in paragraph (1) and the business practices of such businesses and individuals in Tibet.”
.
(c) Diplomatic Representation Relating to Tibet.—Section 618 of such Act (22 U.S.C. 6901 note) is amended to read as follows:
“SEC. 618. DIPLOMATIC REPRESENTATION RELATING TO TIBET
“(a) United States Consulate in Lhasa, Tibet.—The Secretary should seek to establish a United States consulate in Lhasa, Tibet—
“(1) to provide consular services to United States citizens traveling in Tibet; and
“(2) to monitor political, economic, and cultural developments in Tibet.
“(b) Policy.—The Secretary may not authorize the establishment in the United States of any additional consulate of the People’s Republic of China until such time as a United States consulate in Lhasa, Tibet, is established under subsection (a).
“(c) Waiver.—The Secretary may waive the requirement under subsection (b), notwithstanding the lack of a United States consulate in Lhasa, not less than 30 days after the Secretary determines and reports to the appropriate congressional committees that it is in the national security interests of the United States to waive such requirements and submits to the appropriate congressional committees a report including—
“(1) a specific and detailed rationale for the determination that the waiver is in the national security interests of the United States; and
“(2) a description of the efforts by the Department of State to seek the establishment of a United States consulate in Lhasa.”
.
(d) Religious Persecution in Tibet.—Section 620(b) of such Act (22 U.S.C. 6901 note) is amended by inserting before the period at the end the following: “, including with respect to the reincarnation system of Tibetan Buddhism”.
(e) United States Special Coordinator for Tibetan Issues.—Section 621 of such Act (22 U.S.C. 6901 note) is amended—
(1) by amending subsection (c) to read as follows:
“(c) Objectives.—The objectives of the Special Coordinator are to—
“(1) promote substantive dialogue without preconditions, between the Government of the People’s Republic of China and the Dalai Lama, his or her representatives, or democratically elected leaders of the Tibetan community, or explore activities to improve prospects for dialogue, that leads to a negotiated agreement on Tibet;
“(2) coordinate with other governments in multilateral efforts towards the goal of a negotiated agreement on Tibet;
“(3) encourage the Government of the People’s Republic of China to address the aspirations of the Tibetan people with regard to their distinct historical, cultural, religious, and linguistic identity;
“(4) promote the human rights of the Tibetan people;
“(5) promote activities to preserve environment and water resources of the Tibetan plateau;
“(6) encourage that any initiatives or activities for Tibetan communities in the Tibet Autonomous Region are conducted in accordance with the principles espoused in section 616(d); and
“(7) promote access to Tibet in accordance with the Reciprocal Access to Tibet Act of 2018 (Public Law 115-330).”
;
(2) in subsection (d)—
(A) in paragraph (5), by striking “; and” and inserting a semicolon;
(B) by redesignating paragraph (6) as paragraph (8); and
(C) by inserting after paragraph (5) the following new paragraphs:
“(6) provide guidance with respect to all projects carried out pursuant to assistance provided under section 616(e);
“(7) seek to establish international diplomatic coalitions to—
“(A) oppose any effort by the Government of the People’s Republic of China to select, educate, and venerate Tibetan Buddhist religious leaders in a manner inconsistent with the principle that the succession or identification of Tibetan Buddhist lamas, including the Dalai Lama, should occur without interference, in a manner consistent with traditional practice; and
“(B) ensure that the identification and installation of Tibetan Buddhist religious leaders, including any future Dalai Lama, is determined solely within the Tibetan Buddhist faith community, in accordance with the internationally-recognized right to religious freedom; and”
; and
(3) by adding at the end the following new subsection:
“(e) Personnel.—The Secretary shall ensure that the Office of the Special Coordinator is adequately staffed at all times to assist in the management of the responsibilities of this section.”
.
- Public laws referenced
- 115-330