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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4851 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4851

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 2014

   Mr. McGovern (for himself, Mr. Pitts, Mr. Wolf, and Mr. Ellison) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committee on Foreign Affairs, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
 To promote access for United States 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 
2014''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Chinese Government does not grant United States 
        officials, journalists, and other citizens access to the 
        People's Republic of China on a reciprocal basis to the access 
        the United States Government grants Chinese officials, 
        journalists, and citizens.
            (2) The Chinese Government imposes greater restrictions on 
        travel to Tibetan areas than to other areas of the People's 
        Republic of China.
            (3) Officials of the People's Republic of China have stated 
        that Tibet is open to foreign visitors.
            (4) The Chinese Government is promoting tourism in Tibetan 
        areas, and has announced plans to make tourism a ``pillar 
        industry'' for the region.
            (5) The Chinese Government 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 the People's Republic of 
        China.
            (6) The Department of State reports that the Tibet Foreign 
        and Overseas Affairs Office denied more than 10 requests for 
        United States diplomatic access to the Tibet Autonomous Region 
        between May 2011 and December 2012, and that when such requests 
        are granted, diplomatic personnel are closely supervised and 
        given few opportunities to meet local residents not approved by 
        authorities.
            (7) The Chinese Government restricted United States 
        consular access after an October 28, 2013, bus crash in the 
        Tibet Autonomous Region, in which at least two Americans died 
        and more than a dozen others, all from Walnut, California, were 
        injured.
            (8) The Chinese Government has failed to respond positively 
        to the United States Government's request to open a consulate 
        in Lhasa, Tibet Autonomous Region.
            (9) The Department of State reports that the Chinese 
        government regularly denies requests by American diplomats, 
        foreign journalists, and observers to visit Tibetan areas, and 
        that those permitted to visit are subject to ``highly 
        structured, government-organized tours'' that limit 
        independent, objective reporting.
            (10) The Department of State reports that foreign diplomats 
        who were permitted to travel in Tibetan areas outside the Tibet 
        Autonomous Region were ``repeatedly approached by local police 
        and sometimes forced to leave without reasonable explanation''.
            (11) The Department of State reports that permission is not 
        always granted to foreign tourists, and that when granted, 
        Lhasa, Rikaze (Shigatse), and Shannan (Lhoka) are usually the 
        only places in the Tibet Autonomous Region open to foreigners.
            (12) Foreign visitors also face restrictions in their 
        ability to travel freely in Tibetan areas outside the Tibet 
        Autonomous Region.
            (13) Foreign visitors to Tibetan areas are explicitly 
        limited to tours that are tightly managed by authorities.
            (14) Restrictions on journalists' access to Tibetan areas 
        conflict with government regulations, adopted in 2008, lifting 
        requirements that foreign journalists get permission of local 
        authorities to travel in the country and interview Chinese 
        citizens.
            (15) The United States Government generally allows 
        journalists and other citizens of the People's Republic of 
        China to travel freely within the United States. The United 
        States Government requires Chinese diplomats to notify the 
        Department of State of their travel plans, and in certain 
        situations, the United States Government requires Chinese 
        diplomats to obtain approval from the Department of State 
        before travel. However, where approval is required, it is 
        almost always granted expeditiously.
            (16) The United States regularly grants visas to Chinese 
        officials, scholars, and others who travel to the United States 
        to discuss, promote and display the Chinese Government's 
        perspective on the situation in Tibetan areas, even as the 
        Chinese Government restricts the ability of United States 
        citizens to travel to Tibetan areas to gain their own 
        perspective.
            (17) 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.
            (18) The Chinese Government characterizes statements made 
        by United States officials about the situation in Tibetan areas 
        as inappropriate interference in the internal affairs of China.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Tibetan areas.--The term ``Tibetan areas'' includes--
                    (A) the Tibet Autonomous Region (TAR); and
                    (B) the prefectures and counties of the provinces 
                of Sichuan, Qinghai, Yunnan, and Gansu of the People's 
                Republic of China that the Chinese Government 
                designates as ``Tibetan Autonomous'' areas.
            (2) Senior leadership positions.--The term ``senior 
        leadership positions'' means--
                    (A) at the provincial level, the Governor, the Vice 
                Governor, the Party Secretary, the Party Disciplinary 
                Committee Secretary, the Party Politics and Law 
                Committee Secretary, the Organization Department 
                Director, the Chairman of the Standing Committee of the 
                People's Congress for the Autonomous Region or 
                Province, the Chairman of the Autonomous Region or 
                Provincial Committee of the People's Political 
                Consultative Conference, the head of the Tibetan 
                Autonomous Region Communist Party Committee United 
                Front Work Department, the head of the Tibetan 
                Autonomous Region Communist Party Committee Political 
                and Legal Commission, the heads of the Tibetan 
                Autonomous Region Public Security and State Security 
                Bureaus, the Commander of the People's Armed Police, 
                the head of the Foreign and Overseas Affairs Office, 
                the Director of the Tibet Tourism Bureau in the Tibet 
                Autonomous Region, and the Party Secretary and Mayor of 
                Lhasa and the relevant provincial capitals;
                    (B) at the prefectural and county levels, the Party 
                Secretary, the Deputy Party Secretaries, the prefecture 
                and county heads and deputy heads, the Secretary 
                General, and the Deputy Secretary General;
                    (C) at the national level, the Director of the 
                Communist Party Central Committee United Front Work 
                Department, the Director of the State Ethnic Affairs 
                Commission, the Director of the State Administration 
                for Religious Affairs, the Director of the State 
                Council Information Office, and the Director of the 
                Foreign Affairs Office of the State Council Information 
                Office;
                    (D) at the regional level, the Regional People's 
                Armed Police and Military Commanders with jurisdiction 
                in Tibetan areas; and
                    (E) any other individual determined by the 
                Secretary of State to be personally and substantially 
                involved in the formulation or execution of policies in 
                Tibetan areas.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (B) the Committee on Foreign Relations of the 
                United States Senate.

SEC. 4. REPORT TO CONGRESS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act and every 12 months thereafter, the Secretary of 
State shall submit to the appropriate congressional committees a report 
that provides--
            (1) an assessment of the level of access Chinese 
        authorities granted United States diplomats, journalists, and 
        tourists to Tibetan areas in the People's Republic of China, 
        including a comparison with the level of access granted to 
        other areas of the People's Republic of China, a comparison 
        between the levels of access granted to Tibetan and non-Tibetan 
        areas in relevant provinces, and a description of the required 
        permits and other measures that impede the freedom to travel in 
        Tibetan areas;
            (2) a list of the persons in senior leadership positions in 
        the Tibet Autonomous Region;
            (3) a list of the persons in senior leadership positions in 
        the provinces of Sichuan, Qinghai, Yunnan, and Gansu Provinces 
        of the People's Republic of China;
            (4) a list of the persons in senior leadership positions in 
        Kardze (Ganzi) Tibetan Autonomous Prefecture, Ngawa (Aba) 
        Tibetan and Qiang Tibetan Autonomous Prefecture, Muli (Mili) 
        Autonomous County of Sichuan Province, Tsonub (Haixi) Mongol 
        and Tibetan, Tsojang (Haibei) Tibetan, Malho (Huangnan) 
        Tibetan, Yulshul (Yushu) Tibetan, and Golog (Guoluo) Tibetan 
        Autonomous Prefectures of Qinghai Province, Dechen (Diqing) 
        Tibetan Autonomous Prefecture of Yunnan Province, and the 
        Kanlho (Gannan) Tibetan Autonomous Prefecture and Pari 
        (Tianzhu) Tibetan Autonomous County of Gansu Province;
            (5) a list of the persons in senior leadership positions at 
        the national level as defined in section 3(2)(C); and
            (6) a list of the persons in senior leadership positions at 
        the regional level as defined in section 3(2)(D).
    (b) Public Availability.--The report required under subsection (a) 
shall be made available on the website of the Department of State.

SEC. 5. INADMISSIBILITY OF CERTAIN ALIENS.

    (a) Ineligibility for Visas.--An alien is ineligible to receive a 
visa to enter the United States and ineligible to be admitted to the 
United States if such alien is on the list required by--
            (1) subsection (a)(2) of section 4, and if the Secretary of 
        State determines that the requirements for specific official 
        permission for foreigners to travel to the Tibet Autonomous 
        Region remain in effect, or that the current permission system 
        has been replaced by a requirement that has the same effect of 
        requiring foreign travelers to gain a level of permission to 
        enter the Tibet Autonomous Region that is not required for 
        travel to other province-level entities in the People's 
        Republic of China;
            (2) subsections (a)(3) and (a)(4) of section 4, and if the 
        Secretary of State determines that restrictions on travel by 
        United States officials, journalists, and citizens to areas 
        designated as ``Tibetan autonomous'' in the provinces of 
        Sichuan, Qinghai, Yunnan, and Gansu of the People's Republic of 
        China are greater than any restrictions on travel by United 
        States officials, journalists, and citizens to areas in such 
        provinces that are not so designated; or
            (3) subsections (a)(5) and (a)(6) of section 4, and if the 
        Secretary of State determines that the requirement for a 
        specific permission to enter Tibet pertaining to travel by 
        foreigners to the Tibet Autonomous Region remain in effect, or 
        that the requirement has been replaced by a regulation that has 
        the same effect of requiring foreign travelers to gain a level 
        of permission to enter the Tibet Autonomous Region that is not 
        required for travel to other province-level entities in the 
        People's Republic of China, and if the Secretary of State 
        determines that restrictions on travel by United States 
        officials and citizens to areas designated as ``Tibetan 
        Autonomous'' in the provinces of Sichuan, Qinghai, Yunnan, and 
        Gansu of the People's Republic of China are greater than any 
        restrictions on travel by United States 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 of any alien who 
would be ineligible to receive such a visa or documentation under 
subsection (a).
    (c) Waiver for National Interests.--
            (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 between the United Nations 
                and the United States of America regarding the 
                Headquarters of the United Nations, signed June 26, 
                1947, and entered into force November 21, 1947, or 
                other applicable international obligations of the 
                United States; or
                    (B) is in the national security interests 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 subparagraph (B) of such 
        paragraph, how such waiver relates to the national security 
        interests of the United States.

SEC. 6. VISA POLICY.

    It is the sense of Congress that--
            (1) reciprocity forms the basis of diplomatic law and the 
        practice of mutual exchanges between countries;
            (2) a country should give equivalent consular access to the 
        nationals of another country in a reciprocal manner to the 
        consular access granted by such other country to its own 
        citizens; and
            (3) the Secretary of State, when granting diplomats from 
        the People's Republic of China access to parts of the United 
        States, should take into account the extent to which the 
        Government of the People's Republic of China grants United 
        States diplomats access to parts of the People's Republic of 
        China, including the level of access afforded to such diplomats 
        to Tibetan areas.
                                 <all>
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