HR 1872 — Reciprocal Access to Tibet Act of 2018

[Congressional[115th BillsCongress 115thPublic Congress]Law 330] [From the U.S.

Government Publishing Office] [H.R.[[Page 132 STAT.

18724479]] ReportedPublic inLaw Senate115-330 (RS)]115th <DOC>Congress CalendarAn No.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.

701<<NOTE: 115th CONGRESS 2d Session H.

R.Dec.

187219, _______________________________________________________________________- IN[H.R. THE SENATE OF THE UNITED STATES September 26, 2018 Received;

read1872]>> twiceBe andit referredenacted toby the CommitteeSenate onand ForeignHouse Relationsof NovemberRepresentatives 29,of 2018the ReportedUnited byStates Mr.of America in Congress assembled, <<NOTE:

Corker,Reciprocal withoutAccess amendment _______________________________________________________________________ AN ACT To promote access for United States diplomats and other officials, journalists, and other citizens to TibetanTibet areasAct of the2018. People's Republic of China, and for other purposes.

Be8 itUSC enacted1182 bynote.>> the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

(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 the[[Page ability132 ofSTAT. 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).

4480]] 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).

The Government of the United States requires[[Page diplomats132 fromSTAT. 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.

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.

(a) In<<NOTE: 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 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;

Time period.

Public information.

Web posting.

Assessment.>> 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 [[Page 132 STAT.

4482]] 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;

(a) Ineligibility<<NOTE: 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;

Determination.>> 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;

(c) Report<<NOTE: 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.

TheTime reportperiod. required by this subsection shall be submitted in unclassified form, but may include a classified annex.

(d)List.>> WaiverReport forto NationalCongress.--Not Interest.--later (1)than Inone general.--Theyear Secretaryafter ofthe Statedate mayof waive the applicationenactment of subsectionthis (a)Act, orand (b)annually inthereafter for the casefollowing five years, the Secretary of anState alienshall ifprovide to the Secretaryappropriate determinescongressional thatcommittees such a waiver--report (A)identifying isthe necessaryindividuals towho permithave thehad Unitedvisas Statesdenied or revoked pursuant to complythis withsection during the Agreementpreceding Regardingyear and, to the Headquartersextent practicable, a list of theChinese Unitedofficials Nations,who signedwere atsubstantially Lakeinvolved Successin Junethe 26,formulation 1947,or andexecution enteredof intopolicies forceto Novemberrestrict 21,access 1947of (TIASUnited 1676),States ordiplomats anyand other applicableofficials, internationaljournalists, obligationand citizens of the United States;States to Tibetan areas.

The report required by this [[Page 132 STAT.

4483]] subsection shall be submitted in unclassified form, but may include a classified annex.

(d) Waiver for National Interest.-- (1) <<NOTE:

Determination.>> 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;

CalendarApproved No.December 19, 2018.

701LEGISLATIVE 115thHISTORY--H.R. CONGRESS 2d Session H.

R.1872:

1872--------------------------------------------------------------------------- _______________________________________________________________________CONGRESSIONAL ANRECORD, ACTVol. 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.

_______________________________________________________________________164 November(2018): 29, 2018 Reported without amendment

Sept.

25, considered and passed House.

Dec.

11, considered and passed Senate.

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