PUBLIC LAW 115–330—DEC. 19, 2018 132 STAT. 4479 

Public Law 115–330 

115th Congress 

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 

Reciprocal Access 

to Tibet Act 

of 2018. 

8 USC 1182 note. 

Dec. 19, 2018 

[H.R. 1872] 


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132 STAT. 4480 PUBLIC LAW 115–330—DEC. 19, 2018 

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 governmentdesignated 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 


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PUBLIC LAW 115–330—DEC. 19, 2018 132 STAT. 4481 

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 

Time period. 

Public 

information. 

Web posting. 

Assessment. 


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132 STAT. 4482 PUBLIC LAW 115–330—DEC. 19, 2018 

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 

Time period. 

List. 

Determination. 


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PUBLIC LAW 115–330—DEC. 19, 2018 132 STAT. 4483 

LEGISLATIVE HISTORY—H.R. 1872: 

CONGRESSIONAL RECORD, Vol. 164 (2018): 

Sept. 25, considered and passed House. 

Dec. 11, considered and passed Senate. 

Æ 

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. 

Approved December 19, 2018. 

Determination. 


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