I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reciprocal Access to 

5 Tibet Act of 2014’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The Chinese Government does not grant 

2 United States officials, journalists, and other citi3 zens access to the People’s Republic of China on a 

4 reciprocal basis to the access the United States Gov5 ernment grants Chinese officials, journalists, and 

6 citizens. 

7 (2) The Chinese Government imposes greater 

8 restrictions on travel to Tibetan areas than to other 

9 areas of the People’s Republic of China. 

10 (3) Officials of the People’s Republic of China 

11 have stated that Tibet is open to foreign visitors. 

12 (4) The Chinese Government is promoting tour13 ism in Tibetan areas, and has announced plans to 

14 make tourism a ‘‘pillar industry’’ for the region. 

15 (5) The Chinese Government requires for16 eigners to obtain permission from the Tibet Foreign 

17 and Overseas Affairs Office or from the Tibet Tour18 ism Bureau to enter the Tibet Autonomous Region, 

19 a restriction that is not imposed on travel to any 

20 other provincial-level jurisdiction in the People’s Re21 public of China. 

22 (6) The Department of State reports that the 

23 Tibet Foreign and Overseas Affairs Office denied 

24 more than 10 requests for United States diplomatic 

25 access to the Tibet Autonomous Region between 


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1 May 2011 and December 2012, and that when such 

2 requests are granted, diplomatic personnel are close3 ly supervised and given few opportunities to meet 

4 local residents not approved by authorities. 

5 (7) The Chinese Government restricted United 

6 States consular access after an October 28, 2013, 

7 bus crash in the Tibet Autonomous Region, in which 

8 at least two Americans died and more than a dozen 

9 others, all from Walnut, California, were injured. 

10 (8) The Chinese Government has failed to re11 spond positively to the United States Government’s 

12 request to open a consulate in Lhasa, Tibet Autono13 mous Region. 

14 (9) The Department of State reports that the 

15 Chinese government regularly denies requests by 

16 American diplomats, foreign journalists, and observ17 ers to visit Tibetan areas, and that those permitted 

18 to visit are subject to ‘‘highly structured, govern19 ment-organized tours’’ that limit independent, objec20 tive reporting. 

21 (10) The Department of State reports that for22 eign diplomats who were permitted to travel in Ti23 betan areas outside the Tibet Autonomous Region 

24 were ‘‘repeatedly approached by local police and 


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1 sometimes forced to leave without reasonable expla2 nation’’. 

3 (11) The Department of State reports that per4 mission is not always granted to foreign tourists, 

5 and that when granted, Lhasa, Rikaze (Shigatse), 

6 and Shannan (Lhoka) are usually the only places in 

7 the Tibet Autonomous Region open to foreigners. 

8 (12) Foreign visitors also face restrictions in 

9 their ability to travel freely in Tibetan areas outside 

10 the Tibet Autonomous Region. 

11 (13) Foreign visitors to Tibetan areas are ex12 plicitly limited to tours that are tightly managed by 

13 authorities. 

14 (14) Restrictions on journalists’ access to Ti15 betan areas conflict with government regulations, 

16 adopted in 2008, lifting requirements that foreign 

17 journalists get permission of local authorities to 

18 travel in the country and interview Chinese citizens. 

19 (15) The United States Government generally 

20 allows journalists and other citizens of the People’s 

21 Republic of China to travel freely within the United 

22 States. The United States Government requires Chi23 nese diplomats to notify the Department of State of 

24 their travel plans, and in certain situations, the 

25 United States Government requires Chinese dipVerDate Mar 15 2010 23:55 Jun 16, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4851.IH H4851

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1 lomats to obtain approval from the Department of 

2 State before travel. However, where approval is re3 quired, it is almost always granted expeditiously. 

4 (16) The United States regularly grants visas 

5 to Chinese officials, scholars, and others who travel 

6 to the United States to discuss, promote and display 

7 the Chinese Government’s perspective on the situa8 tion in Tibetan areas, even as the Chinese Govern9 ment restricts the ability of United States citizens to 

10 travel to Tibetan areas to gain their own perspective. 

11 (17) Chinese diplomats based in the United 

12 States generally avail themselves of the freedom to 

13 travel to United States cities and lobby city councils, 

14 mayors, and governors to refrain from passing reso15 lutions, issuing proclamations, or making statements 

16 of concern on Tibet. 

17 (18) The Chinese Government characterizes 

18 statements made by United States officials about the 

19 situation in Tibetan areas as inappropriate inter20 ference in the internal affairs of China. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) TIBETAN AREAS.—The term ‘‘Tibetan 

24 areas’’ includes— 


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1 (A) the Tibet Autonomous Region (TAR); 

2 and 

3 (B) the prefectures and counties of the 

4 provinces of Sichuan, Qinghai, Yunnan, and 

5 Gansu of the People’s Republic of China that 

6 the Chinese Government designates as ‘‘Tibetan 

7 Autonomous’’ areas. 

8 (2) SENIOR LEADERSHIP POSITIONS.—The 

9 term ‘‘senior leadership positions’’ means— 

10 (A) at the provincial level, the Governor, 

11 the Vice Governor, the Party Secretary, the 

12 Party Disciplinary Committee Secretary, the 

13 Party Politics and Law Committee Secretary, 

14 the Organization Department Director, the 

15 Chairman of the Standing Committee of the 

16 People’s Congress for the Autonomous Region 

17 or Province, the Chairman of the Autonomous 

18 Region or Provincial Committee of the People’s 

19 Political Consultative Conference, the head of 

20 the Tibetan Autonomous Region Communist 

21 Party Committee United Front Work Depart22 ment, the head of the Tibetan Autonomous Re23 gion Communist Party Committee Political and 

24 Legal Commission, the heads of the Tibetan 

25 Autonomous Region Public Security and State 


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1 Security Bureaus, the Commander of the Peo2 ple’s Armed Police, the head of the Foreign and 

3 Overseas Affairs Office, the Director of the 

4 Tibet Tourism Bureau in the Tibet Autono5 mous Region, and the Party Secretary and 

6 Mayor of Lhasa and the relevant provincial cap7 itals; 

8 (B) at the prefectural and county levels, 

9 the Party Secretary, the Deputy Party Secre10 taries, the prefecture and county heads and 

11 deputy heads, the Secretary General, and the 

12 Deputy Secretary General; 

13 (C) at the national level, the Director of 

14 the Communist Party Central Committee 

15 United Front Work Department, the Director 

16 of the State Ethnic Affairs Commission, the Di17 rector of the State Administration for Religious 

18 Affairs, the Director of the State Council Infor19 mation Office, and the Director of the Foreign 

20 Affairs Office of the State Council Information 

21 Office; 

22 (D) at the regional level, the Regional Peo23 ple’s Armed Police and Military Commanders 

24 with jurisdiction in Tibetan areas; and 


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1 (E) any other individual determined by the 

2 Secretary of State to be personally and substan3 tially involved in the formulation or execution of 

4 policies in Tibetan areas. 

5 (3) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means— 

8 (A) the Committee on Foreign Affairs of 

9 the House of Representatives; and 

10 (B) the Committee on Foreign Relations of 

11 the United States Senate. 

12 SEC. 4. REPORT TO CONGRESS. 

13 (a) IN GENERAL.—Not later than 90 days after the 

14 date of the enactment of this Act and every 12 months 

15 thereafter, the Secretary of State shall submit to the ap16 propriate congressional committees a report that pro17 vides— 

18 (1) an assessment of the level of access Chinese 

19 authorities granted United States diplomats, jour20 nalists, and tourists to Tibetan areas in the People’s 

21 Republic of China, including a comparison with the 

22 level of access granted to other areas of the People’s 

23 Republic of China, a comparison between the levels 

24 of access granted to Tibetan and non-Tibetan areas 

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1 quired permits and other measures that impede the 

2 freedom to travel in Tibetan areas; 

3 (2) a list of the persons in senior leadership po4 sitions in the Tibet Autonomous Region; 

5 (3) a list of the persons in senior leadership po6 sitions in the provinces of Sichuan, Qinghai, 

7 Yunnan, and Gansu Provinces of the People’s Re8 public of China; 

9 (4) a list of the persons in senior leadership po10 sitions in Kardze (Ganzi) Tibetan Autonomous Pre11 fecture, Ngawa (Aba) Tibetan and Qiang Tibetan 

12 Autonomous Prefecture, Muli (Mili) Autonomous 

13 County of Sichuan Province, Tsonub (Haixi) Mongol 

14 and Tibetan, Tsojang (Haibei) Tibetan, Malho 

15 (Huangnan) Tibetan, Yulshul (Yushu) Tibetan, and 

16 Golog (Guoluo) Tibetan Autonomous Prefectures of 

17 Qinghai Province, Dechen (Diqing) Tibetan Autono18 mous Prefecture of Yunnan Province, and the 

19 Kanlho (Gannan) Tibetan Autonomous Prefecture 

20 and Pari (Tianzhu) Tibetan Autonomous County of 

21 Gansu Province; 

22 (5) a list of the persons in senior leadership po23 sitions at the national level as defined in section 

24 3(2)(C); and 


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1 (6) a list of the persons in senior leadership po2 sitions at the regional level as defined in section 

3 3(2)(D). 

4 (b) PUBLIC AVAILABILITY.—The report required 

5 under subsection (a) shall be made available on the 

6 website of the Department of State. 

7 SEC. 5. INADMISSIBILITY OF CERTAIN ALIENS. 

8 (a) INELIGIBILITY FOR VISAS.—An alien is ineligible 

9 to receive a visa to enter the United States and ineligible 

10 to be admitted to the United States if such alien is on 

11 the list required by— 

12 (1) subsection (a)(2) of section 4, and if the 

13 Secretary of State determines that the requirements 

14 for specific official permission for foreigners to trav15 el to the Tibet Autonomous Region remain in effect, 

16 or that the current permission system has been re17 placed by a requirement that has the same effect of 

18 requiring foreign travelers to gain a level of permis19 sion to enter the Tibet Autonomous Region that is 

20 not required for travel to other province-level entities 

21 in the People’s Republic of China; 

22 (2) subsections (a)(3) and (a)(4) of section 4, 

23 and if the Secretary of State determines that restric24 tions on travel by United States officials, journalists, 

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1 mous’’ in the provinces of Sichuan, Qinghai, 

2 Yunnan, and Gansu of the People’s Republic of 

3 China are greater than any restrictions on travel by 

4 United States officials, journalists, and citizens to 

5 areas in such provinces that are not so designated; 

6 or 

7 (3) subsections (a)(5) and (a)(6) of section 4, 

8 and if the Secretary of State determines that the re9 quirement for a specific permission to enter Tibet 

10 pertaining to travel by foreigners to the Tibet Au11 tonomous Region remain in effect, or that the re12 quirement has been replaced by a regulation that 

13 has the same effect of requiring foreign travelers to 

14 gain a level of permission to enter the Tibet Autono15 mous Region that is not required for travel to other 

16 province-level entities in the People’s Republic of 

17 China, and if the Secretary of State determines that 

18 restrictions on travel by United States officials and 

19 citizens to areas designated as ‘‘Tibetan Autono20 mous’’ in the provinces of Sichuan, Qinghai, 

21 Yunnan, and Gansu of the People’s Republic of 

22 China are greater than any restrictions on travel by 

23 United States officials and citizens to areas in such 

24 provinces that are not so designated. 


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1 (b) CURRENT VISAS REVOKED.—The Secretary of 

2 State shall revoke, in accordance with section 221(i) of 

3 the Immigration and Nationality Act (8 U.S.C. 1201(i)), 

4 the visa or other documentation of any alien who would 

5 be ineligible to receive such a visa or documentation under 

6 subsection (a). 

7 (c) WAIVER FOR NATIONAL INTERESTS.— 

8 (1) IN GENERAL.—The Secretary of State may 

9 waive the application of subsection (a) or (b) in the 

10 case of an alien if the Secretary determines that 

11 such a waiver— 

12 (A) is necessary to permit the United 

13 States to comply with the Agreement between 

14 the United Nations and the United States of 

15 America regarding the Headquarters of the 

16 United Nations, signed June 26, 1947, and en17 tered into force November 21, 1947, or other 

18 applicable international obligations of the 

19 United States; or 

20 (B) is in the national security interests of 

21 the United States. 

22 (2) NOTIFICATION.—Upon granting a waiver 

23 under paragraph (1), the Secretary of State shall 

24 submit to the appropriate congressional committees 

25 a document detailing the evidence and justification 


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1 for the necessity of such waiver, including, if such 

2 waiver is granted pursuant to subparagraph (B) of 

3 such paragraph, how such waiver relates to the na4 tional security interests of the United States. 

5 SEC. 6. VISA POLICY. 

6 It is the sense of Congress that— 

7 (1) reciprocity forms the basis of diplomatic law 

8 and the practice of mutual exchanges between coun9 tries; 

10 (2) a country should give equivalent consular 

11 access to the nationals of another country in a recip12 rocal manner to the consular access granted by such 

13 other country to its own citizens; and 

14 (3) the Secretary of State, when granting dip15 lomats from the People’s Republic of China access 

16 to parts of the United States, should take into ac17 count the extent to which the Government of the 

18 People’s Republic of China grants United States dip19 lomats access to parts of the People’s Republic of 

20 China, including the level of access afforded to such 

21 diplomats to Tibetan areas. 

Æ 


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