Text
of the Tibetan Policy Act
The Tibetan
Policy Act of 2002 is contained in Title VI of the Foreign Relations
Authorization Act, Fiscal Year 2003. Enrolled in the U.S. Congress
as H.R. 1646 and became Pub. Law 107-228.
One Hundred
Seventh Congress of the United States of America
AT THE
SECOND SESSION
Begun
and held at the City of Washington on Wednesday, the twenty-third
day of January, two thousand and two
An Act
To authorize
appropriations for the Department of State for fiscal year 2003, to
authorize appropriations under the Arms Export Control Act and the
Foreign Assistance Act of 1961 for security assistance for fiscal
year 2003, 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 ‘Foreign Relations Authorization Act,
Fiscal Year 2003’.
TITLE
VI—Miscellaneous Provisions
Subtitle B—Tibet Policy
SEC. 611. SHORT TITLE.
This subtitle may be cited as “Tibetan Policy Act of 2002”.
SEC.
612. STATEMENT OF PURPOSE.
The purpose
of this subtitle is to support the aspirations of the Tibetan people
to safeguard their distinct identity.
SEC.
613. TIBET NEGOTIATIONS.
(a) POLICY.—
(1) IN
GENERAL.—The President and the Secretary should encourage the
Government of the People’s Republic of China to enter into a
dialogue with the Dalai Lama or his representatives leading to a negotiated
agreement on Tibet.
(2) COMPLIANCE.—After
such an agreement is reached, the President and the Secretary should
work to ensure compliance with the agreement.
(b) PERIODIC
REPORTS.—Not later than 180 days after the date of the enactment
of this Act, and every 12 months thereafter, the President shall transmit
to
the appropriate congressional committees a report on—
(1) the
steps taken by the President and the Secretary in accordance with
subsection (a)(1); and
(2) the
status of any discussions between the People’s Republic of China
and the Dalai Lama or his representatives.
SEC.
614. REPORTING ON TIBET.
Whenever
a report is transmitted to Congress under section 116 or 502B of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151m, 2304) or under section
102(b) of the International Religious Freedom Act of 1998 (22 U.S.C.
6412(b)), Tibet shall be included in such report as a separate section.
SEC.
615. CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S REPUBLIC
OF CHINA.
Section
302(h) of the U.S.-China Relations Act of 2000 (Public Law 106-286),
relating to the Congressional-Executive Commission on the People’s
Republic of
China, is amended—
(1) by
striking “shall include specific information’’ and
inserting the following: “shall include—
“(1)
specific information”;
(2) by
striking the period at the end and inserting “; and”;
and
(3) by
adding at the end the following:
“(2)
a description of the status of negotiations between the Government
of the People’s Republic of China and the Dalai Lama or his
representatives, and measures taken to safeguard Tibet’s distinct
historical, religious, cultural, and linguistic identity and the protection
of human rights.’’.
SEC.
616. ECONOMIC DEVELOPMENT IN TIBET.
(a) DECLARATIONS
OF POLICY.—It is the policy of the United States to support
economic development, cultural preservation, health care, and education
and environmental sustainability for Tibetans inside Tibet. In support
of this policy, the United States shall use its voice and vote to
support projects designed in accordance with the principles contained
in subsection (d) that are designed to raise the standard of living
for the Tibetan people and assist Tibetans to become self-sufficient.
(b) INTERNATIONAL
FINANCIAL INSTITUTIONS.—The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to use the voice and vote of the United States
to support projects in Tibet, if the projects are designed in accordance
with the principles contained in subsection (d).
(c) EXPORT-IMPORT
BANK AND TDA.—The Export-Import Bank of the United States and
the Trade and Development Agency should support projects proposed
to be funded or otherwise supported by such entities in Tibet, if
the projects are designed in accordance with the principles contained
in subsection (d).
(d) TIBET
PROJECT PRINCIPLES.—Projects in Tibet supported by international
financial institutions, other international organizations, nongovernmental
organizations, and the United States entities referred to in subsection
(c), should—
(1) be
implemented only after conducting a thorough assessment of the needs
of the Tibetan people through field visits and interviews;
(2) be
preceded by cultural and environmental impact assessments;
(3) foster
self-sufficiency and self-reliance of Tibetans;
(4) promote
accountability of the development agencies to the Tibetan people and
active participation of Tibetans in all project stages;
(5) respect
Tibetan culture, traditions, and the Tibetan knowledge and wisdom
about their landscape and survival techniques;
(6) be
subject to on-site monitoring by the development agencies to ensure
that the intended target group benefits;
(7) be
implemented by development agencies prepared to use Tibetan as the
working language of the projects;
(8) neither
provide incentive for, nor facilitate the migration and settlement
of, non-Tibetans into Tibet; and
(9) neither
provide incentive for, nor facilitate the transfer of ownership of,
Tibetan land or natural resources to non-Tibetans.
SEC.
617. RELEASE OF PRISONERS AND ACCESS TO PRISONS.
The President
and the Secretary, in meetings with representatives of the Government
of the People’s Republic of China, should—
(1) request
the immediate and unconditional release of all those held prisoner
for expressing their political or religious views in Tibet;
(2) seek
access for international humanitarian organizations to prisoners in
Tibet to ensure that prisoners are not being mistreated and are receiving
necessary medical care; and
(3) seek
the immediate medical parole of Tibetan prisoners known to be in serious
ill health.
SEC.
618. ESTABLISHMENT OF A UNITED STATES BRANCH OFFICE IN LHASA, TIBET.
The Secretary
should make best efforts to establish an office in Lhasa, Tibet, to
monitor political, economic, and cultural developments in Tibet.
SEC.
619. REQUIREMENT FOR TIBETAN LANGUAGE TRAINING.
The Secretary
shall ensure that Tibetan language training is available to Foreign
Service officers, and that every effort is made to ensure that a
Tibetan-speaking Foreign Service officer is assigned to a United States
post in the People’s Republic of China responsible for monitoring
developments in
Tibet.
SEC.
620. RELIGIOUS PERSE-CUTION IN TIBET.
(a) HIGH-LEVEL
CONTACTS.—Pursuant to section 105 of the International Religious
Freedom Act of 1998 (22 U.S.C. 6414), the United States Ambassador
to the People’s Republic of China should—
(1) meet
with the 11th Panchen Lama, who was taken from his home on May 17,
1995, and otherwise ascertain information concerning his whereabouts
and
well-being; and
(2) request
that the Government of the People’s Republic of China release
the 11th Panchen Lama and allow him to pursue his religious studies
without
interference and according to tradition.
(b) PROMOTION
OF INCREASED ADVOCACY.—Pursuant to section 108(a) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6417(a)), it is the
sense of Congress that representatives of the United States Government
in exchanges with officials of the Government of the People’s
Republic of China
should call for and otherwise promote the cessation of all interference
by the Government of the People’s Republic of China or the Communist
Party in the
religious affairs of the Tibetan people.
SEC.
621. UNITED STATES SPECIAL COORDINATOR FOR TIBETAN ISSUES.
(a) UNITED
STATES SPECIAL COORDINATOR FOR TIBETAN ISSUES.—There shall be
within the Department a United States Special Coordinator for
Tibetan Issues (in this section referred to as the “Special
Coordinator’’).
(b) CONSULTATION.—The
Secretary shall consult with the chairmen and ranking minority members
of the appropriate congressional committees prior to
the designation of the Special Coordinator.
(c) CENTRAL
OBJECTIVE.—The central objective of the Special Coordinator
is to promote substantive dialogue between the Government of the People’s
Republic of China and the Dalai Lama or his representatives.
(d) DUTIES
AND RESPON-SIBILITIES.—The Special Coordinator shall—
(1) coordinate United States Government policies, programs, and projects
concerning Tibet;
(2) vigorously
promote the policy of seeking to protect the distinct religious, cultural,
linguistic, and national identity of Tibet, and pressing for improved
respect for human rights;
(3) maintain
close contact with religious, cultural, and political leaders of the
Tibetan people, including regular travel to Tibetan areas of the People’s
Republic of China, and to Tibetan refugee settlements in India and
Nepal;
(4) consult
with Congress on policies relevant to Tibet and the future and welfare
of the Tibetan people;
(5) make
efforts to establish contacts in the foreign ministries of other countries
to pursue a negotiated solution for Tibet; and
(6) take
all appropriate steps to ensure adequate resources, staff, and bureaucratic
support to fulfil the duties and responsibilities of the Special Coordinator.
Sponsors
and Cosponsors of Tibet Policy Act at the House of Representative,
US Congress
H.R.1779
Sponsor:
Rep Lantos, Tom [CA-12](introduced 5/9/2001)
Latest
Major Action: 5/9/2001 Referred to House committee. Status: Referred
to the House Committee on International Relations.
Title:
To support the aspirations of the Tibetan people to safeguard their
distinct identity.
COSPONSORS(105),
ALPHABETICAL
Rep Abercrombie,
neal [HI-1] - 5/9/2001
Rep Ackerman,
Gary L. [NY-5] - 5/9/2001
Rep Allen,
Thomas H. [ME-1] - 5/9/2001
Rep Baird,
Brian [WA-3] - 9/24/2001
Rep Baldacci,
John Elias [ME-2] - 3/14/2002
Rep Baldwin,
Tammy [WI-2] - 5/9/2001
Rep Barrett,
Thomas M. [WI-5] - 6/28/2001
Rep Berman,
Howard L. [CA-26] - 5/9/2001
Rep Bishop,
Sanford D. Jr. [GA-2] - 7/26/2001
Rep Blagojevich,
Rod R. [IL-5] - 3/6/2002
Rep Blumenauer,
Earl [OR-3] - 5/24/2001
Rep Blunt,
Roy [MO-7] - 5/9/2001
Rep Bonior,
David E. [MI-10] - 5/9/2001
Rep Boucher,
Rick [VA-9] - 5/9/2001
Rep Brown,
Sherrod [OH-13] - 5/9/2001
Rep Burton,
Dan [IN-6] - 6/7/2001
Rep Capuano,
Michael E. [MA-8] - 5/24/2001
Rep Carson,
Julia [IN-10] - 5/24/2001
Rep Clay,
Wm. Lacy [MO-1] - 6/14/2001
Rep Cox,
Christopher [CA-47] - 5/9/2001
Rep Coyne,
William J. [PA-14] - 6/7/2001
Rep Davis,
Danny K. [IL-7] - 9/6/2001
Rep Davis,
Susan A. [CA-49] - 2/13/2002
Rep DeFazio,
Peter A. [OR-4] - 6/14/2001
Rep Delahunt,
William D. [MA-10] - 5/9/2001
Rep DeLauro,
Rosa L. [CT-3] - 5/24/2001
Rep Diaz-Balart,
Lincoln [FL-21] - 6/7/2001
Rep Doyle,
Michael F. [PA-18] - 9/24/2001
Rep Ehlers,
Vernon J. [MI-3] - 7/26/2001
Rep Engel,
Eliot L. [NY-17] - 3/6/2002
Rep Eshoo,
Anna G. [CA-14] - 5/24/2001
Rep Evans,
Lane [IL-17] - 5/9/2001
Rep Faleomavaega,
Eni F. H. [AS] - 5/9/2001
Rep Farr,
Sam [CA-17] - 6/7/2001
Rep Ferguson,
Mike [NJ-7] - 2/5/2002
Rep Filner,
Bob [CA-50] - 7/17/2001
Rep Ford,
Harold, Jr. [TN-9] - 9/4/2002
Rep Frank,
Barney [MA-4] - 5/9/2001
Rep Gilman,
Benjamin A. [NY-20] - 5/9/2001
Rep Hefley,
Joel [CO-5] - 10/16/2001
Rep Hinchey,
Maurice D. [NY-26] - 5/9/2001
Rep Hoeffel,
Joseph M. [PA-13] - 5/9/2001
Rep Hooley,
Darlene [OR-5] - 6/14/2001
Rep Horn,
Stephen [CA-38] - 6/7/2001
Rep Jackson-Lee,
Sheila [TX-18] - 8/2/2001
Rep Kaptur,
Marcy [OH-9] - 5/9/2001
Rep Kelly,
Sue W. [NY-19] - 8/2/2001
Rep Kennedy,
Patrick J. [RI-1] - 5/24/2001
Rep King,
Peter T. [NY-3] - 5/9/2001
Rep Kingston,
Jack [GA-1] - 3/14/2002
Rep Kirk,
Mark Steven [IL-10] - 5/9/2001
Rep Kucinich,
Dennis J. [OH-10] - 5/9/2001
Rep Lampson,
Nick [TX-9] - 7/26/2001
Rep Lee,
Barbara [CA-9] - 5/24/2001
Rep Lofgren,
Zoe [CA-16] - 5/9/2001
Rep Lowey,
Nita M. [NY-18] - 12/20/2001
Rep Markey,
Edward J. [MA-7] - 9/6/2001
Rep McCarthy,
Karen [MO-5] - 9/24/2001
Rep McCollum,
Betty [MN-4] - 5/9/2001
Rep McGovern,
James P. [MA-3] - 5/9/2001
Rep McKinney,
Cynthia A. [GA-4] - 5/9/2001
Rep McNulty,
Michael R. [NY-21] - 2/13/2002
Rep Menendez,
Robert [NJ-13] - 5/9/2001
Rep Miller,
George [CA-7] - 6/14/2001
Rep Mink,
Patsy T. [HI-2] - 5/24/2001
Rep Morella,
Constance A. [MD-8] - 3/6/2002
Rep Napolitano,
Grace F. [CA-34] - 3/6/2002
Rep Olver,
John W. [MA-1] - 8/2/2001
Rep Owens,
Major R. [NY-11] - 7/17/2001
Rep Pallone,
Frank, Jr. [NJ-6] - 6/7/2001
Rep Pascrell,
Bill, Jr. [NJ-8] - 3/6/2002
Rep Payne,
Donald M. [NJ-10] - 5/9/2001
Rep Pelosi,
Nancy [CA-8] - 5/9/2001
Rep Peterson,
Collin C. [MN-7] - 10/16/2001
Rep Rahall,
Nick J., II [WV-3] - 5/24/2001
Rep Rangel,
Charles B. [NY-15] - 6/28/2001
Rep Rivers,
Lynn N. [MI-13] - 5/24/2001
Rep Rodriguez,
Ciro [TX-28] - 5/9/2001
Rep Rohrabacher,
Dana [CA-45] - 5/9/2001
Rep Ros-Lehtinen,
Ileana [FL-18] - 5/24/2001
Rep Rothman,
Steve R. [NJ-9] - 9/6/2001
Rep Roybal-Allard,
Lucille [CA-33] - 7/17/2001
Rep Sanders,
Bernard [VT] - 5/9/2001
Rep Schakowsky,
Janice D. [IL-9] - 6/7/2001
Rep Shays,
Christopher [CT-4] - 7/17/2001
Rep Sherman,
Brad [CA-24] - 5/9/2001
Rep Slaughter,
Louise McIntosh [NY-28] - 6/27/2002
Rep Smith,
Christopher H. [NJ-4] - 8/2/2001
Rep Solis,
Hilda L. [CA-31] - 6/7/2001
Rep Stark,
Fortney Pete [CA-13] - 5/9/2001
Rep Sununu,
John E. [NH-1] - 5/9/2001
Rep Tancredo,
Thomas G. [CO-6] - 5/9/2001
Rep Towns,
Edolphus [NY-10] - 5/9/2001
Rep Udall,
Mark [CO-2] - 6/7/2001
Rep Velazquez,
Nydia M. [NY-12] - 5/21/2002
Rep Wamp,
Zach [TN-3] - 11/30/2001
Rep Watson,
Diane E. [CA-32] - 9/24/2001
Rep Waxman,
Henry A. [CA-29] - 5/24/2001
Rep Weiner,
Anthony D. [NY-9] - 8/2/2001
Rep Weldon,
Curt [PA-7] - 5/24/2001
Rep Wexler,
Robert [FL-19] - 5/9/2001
Rep Wolf,
Frank R. [VA-10] - 5/9/2001
Rep Woolsey,
Lynn C. [CA-6] - 7/26/2001
Rep Wu,
David [OR-1] - 8/2/2001
Rep Wynn,
Albert Russell [MD-4] - 9/6/2001
Sponsors
and Cosponsors of Tibet Policy Act at the Senate, US Congress
S.852
Sponsor:
Sen Feinstein, Dianne [CA](introduced 5/9/2001)
Latest
Major Action: 5/9/2001 Referred to Senate committee. Status: Read
twice and referred to the Committee on Foreign Relations. Title: A
bill to support
the aspirations of the Tibetan people to safeguard their distinct
identity.
COSPONSORS(20),
ALPHABETICAL
Sen Akaka,
Daniel K. [HI] - 5/9/2001
Sen Bingaman,
Jeff [NM] - 2/13/2002
Sen Boxer,
Barbara [CA] - 5/9/2001
Sen Clinton,
Hillary Rodham [NY] - 6/7/2001
Sen Corzine,
Jon [NJ] - 5/24/
Sen Dayton,
Mark [MN] - 7/19/2001
Sen Durbin,
Richard J. [IL] - 7/27/2001
Feingold,
Russell D. [WI] - 5/9/2001
Sen Helms,
Jesse [NC] - 6/21/2001
Sen Jeffords,
James M. [VT] - 5/9/2001
Sen Kennedy,
Edward M. [MA] - 5/9/2001
Sen Leahy,
Patrick J. [VT] - 5/9/2001
Sen Levin,
Carl [MI] - 5/9/2001
Sen Lieberman,
Joseph I. [CT] - 5/9/2001
Sen Murray,
Patty [WA] - 5/9/2001
Sen Schumer,
Charles E. [NY] - 5/21/2001
Sen Snowe,
Olympia J. [ME] - 6/13/2001
Sen Thomas,
Craig [WY] - 5/9/2001
Sen Torricelli,
Robert G. [NJ] - 5/9/2001
Sen Wellstone,
Paul D. [MN] - 5/9/200
