§6901. Findings
The Congress finds the following:
(1) In 1980, the United States opened trade relations with the People's Republic of China by entering into a bilateral trade agreement, which was approved by joint resolution enacted pursuant to section 2435(c) of title 19.
(2) Since 1980, the President has consistently extended nondiscriminatory treatment to products of the People's Republic of China, pursuant to his authority under section 2434 of title 19.
(3) Since 1980, the United States has entered into several additional trade-related agreements with the People's Republic of China, including a memorandum of understanding on market access in 1992, two agreements on intellectual property rights protection in 1992 and 1995, and an agreement on agricultural cooperation in 1999.
(4) Trade in goods between the People's Republic of China and the United States totaled almost $95,000,000,000 in 1999, compared with approximately $18,000,000,000 in 1989, representing growth of approximately 428 percent over 10 years.
(5) The United States merchandise trade deficit with the People's Republic of China has grown from approximately $6,000,000,000 in 1989 to over $68,000,000,000 in 1999, a growth of over 1,000 percent.
(6) The People's Republic of China currently restricts imports through relatively high tariffs and nontariff barriers, including import licensing, technology transfer, and local content requirements.
(7) United States businesses attempting to sell goods to markets in the People's Republic of China have complained of uneven application of tariffs, customs procedures, and other laws, rules, and administrative measures affecting their ability to sell their products in the Chinese market.
(8) On November 15, 1999, the United States and the People's Republic of China concluded a bilateral agreement concerning terms of the People's Republic of China's eventual accession to the World Trade Organization.
(9) The commitments that the People's Republic of China made in its November 15, 1999, agreement with the United States promise to eliminate or greatly reduce the principal barriers to trade with and investment in the People's Republic of China, if those commitments are effectively complied with and enforced.
(10) The record of the People's Republic of China in implementing trade-related commitments has been mixed. While the People's Republic of China has generally met the requirements of the 1992 market access memorandum of understanding and the 1992 and 1995 agreements on intellectual property rights protection, other measures remain in place or have been put into place which tend to diminish the benefit to United States businesses, farmers, and workers from the People's Republic of China's implementation of those earlier commitments. Notably, administration of tariff-rate quotas and other trade-related laws remains opaque, new local content requirements have proliferated, restrictions on importation of animal and plant products are not always supported by sound science, and licensing requirements for importation and distribution of goods remain common. Finally, the Government of the People's Republic of China has failed to cooperate with the United States Customs Service in implementing a 1992 memorandum of understanding prohibiting trade in products made by prison labor.
(11) The human rights record of the People's Republic of China is a matter of very serious concern to the Congress. The Congress notes that the Department of State's 1999 Country Reports on Human Rights Practices for the People's Republic of China finds that "[t]he Government's poor human rights record deteriorated markedly throughout the year, as the Government intensified efforts to suppress dissent, particularly organized dissent.".
(12) The Congress deplores violations by the Government of the People's Republic of China of human rights, religious freedoms, and worker rights that are referred to in the Department of State's 1999 Country Reports on Human Rights Practices for the People's Republic of China, including the banning of the Falun Gong spiritual movement, denial in many cases, particularly politically sensitive ones, of effective representation by counsel and public trials, extrajudicial killings and torture, forced abortion and sterilization, restriction of access to Tibet and Xinjiang, perpetuation of "reeducation through labor", denial of the right of workers to organize labor unions or bargain collectively with their employers, and failure to implement a 1992 memorandum of understanding prohibiting trade in products made by prison labor.
(
Statutory Notes and Related Subsidiaries
Short Title of 2024 Amendment
Short Title of 2020 Amendment
Short Title of 2003 Amendment
Short Title
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in
Ending China's Developing Nation Status
"(a)
"(1)
"(2)
"(A) to oppose the labeling or treatment of the People's Republic of China as a developing nation in current and future treaty negotiations and in each international organization of which the United States and the People's Republic of China are both current members;
"(B) to pursue the labeling or treatment of the People's Republic of China as a developed nation in each international organization of which the United States and the People's Republic of China are both current members; and
"(C) to work with allies and partners of the United States to implement the policies described in subparagraphs (A) and (B).
"(b)
"(1) The term 'appropriate committees of Congress' means-
"(A) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives with respect to subsection (c); and
"(B) the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to subsection (d).
"(2) The term 'OECD' means the Organisation for Economic Co-operation and Development.
"(3) The term 'Secretary' means the Secretary of State.
"(4) The term 'WTO' means the World Trade Organization.
"(c)
"(1)
"(A) identifies all current treaty negotiations in which-
"(i) the proposed treaty would provide for different treatment or standards for enforcement of the treaty based on respective development status of the states that are party to the treaty; and
"(ii) the People's Republic of China is actively participating in the negotiations, or it is reasonably foreseeable that the People's Republic of China would seek to become a party to the treaty; and
"(B) for each treaty negotiation identified pursuant to subparagraph (A), describes how the treaty under negotiation would provide different treatment or standards for enforcement of the treaty based on development status of the states parties.
"(2)
"(A) identifies all international organizations or treaties of which the United States is a member, that provide different treatment or standards for enforcement based on the respective development status of the member states or states parties;
"(B) describes the mechanisms for changing the country designation for each relevant treaty or organization; and
"(C) for each of the organizations or treaties identified pursuant to subparagraph (A)-
"(i) includes a list of countries that-
"(I) are labeled as developing nations or receive the benefits of a developing nation under the terms of the organization or treaty; and
"(II) meet the World Bank classification for upper middle income or high-income countries; and
"(ii) describes how the organization or treaty provides different treatment or standards for enforcement based on development status of the member states or states parties.
"(3)
"(A)
"(i) changing the status of the People's Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or
"(ii) the development of a mechanism described in clause (i) to change the status of the People's Republic of China in such organization from developing nation to developed nation.
"(B)
"(4)
"(d)
"(1)
"(A) identifies each provision of a WTO agreement that provides for special and differential treatment based on the self-declared development status of WTO members, including the People's Republic of China;
"(B) identifies-
"(i) all current multilateral negotiations at the WTO in which proposed negotiating text would provide for special and differential treatment for WTO members; and
"(ii) all current plurilateral negotiations at the WTO in which the People's Republic of China is actively participating, or it is reasonably foreseeable that the People's Republic of China would seek to become a party to the agreement, in which proposed negotiating text would provide for special and differential treatment for WTO members;
"(C) for each negotiation identified pursuant to subparagraph (B), describes how the draft provisions as of the date of the report would provide different treatment or standards for enforcement based on the self-declared development status of WTO members;
"(D) includes a list of WTO members that-
"(i) self-declare as developing country WTO members;
"(ii) meet the World Bank classification for upper middle-income or high-income countries; and
"(iii)(I) are members of, or applicants to, the OECD; or
"(II) account for not less than 0.5 percent of global merchandise trade annually for each of the most recently completed 5 calendar years; and
"(E) describes how the WTO provides different treatment or standards for enforcement based on the self-declared development status of the WTO members.
"(2)
"(A) oppose the use of special and differential treatment by the People's Republic of China at the WTO;
"(B) work to preclude the People's Republic of China from being eligible to use special and differential treatment in future WTO agreements; and
"(C) work to set appropriate thresholds, based on objective criteria, for determining each country's eligibility for special and differential treatment in current and future WTO negotiations, consistent with subparagraphs (A) and (B)."
Prohibition on Importation of Goods Made Through Forced Labor in the Xinjiang Uyghur Autonomous Region
"SECTION 1. STATEMENT OF POLICY.
"It is the policy of the United States-
"(1) to strengthen the prohibition against the importation of goods made with forced labor, including by ensuring that the Government of the People's Republic of China does not undermine the effective enforcement of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), which prohibits the importation of all 'goods, wares, articles, and merchandise mined, produced or manufactured wholly or in part in any foreign country by * * * forced labor';
"(2) to lead the international community in ending forced labor practices wherever such practices occur through all means available to the United States Government, including by stopping the importation of any goods made with forced labor, including those goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region;
"(3) to coordinate with Mexico and Canada to effectively implement Article 23.6 of the United States-Mexico-Canada Agreement to prohibit the importation of goods produced in whole or in part by forced or compulsory labor, including those goods mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region;
"(4) to actively work to prevent, publicly denounce, and end human trafficking including with respect to forced labor, whether sponsored by the government of a foreign country or not, and to restore the lives of those affected by human trafficking, a modern form of slavery;
"(5) to regard the prevention of atrocities as it is in the national interest of the United States, including efforts to prevent torture, enforced disappearances, severe deprivation of liberty, including mass internment, arbitrary detention, and widespread and systematic use of forced labor, and persecution targeting any identifiable ethnic or religious group; and
"(6) to address gross violations of human rights in the Xinjiang Uyghur Autonomous Region-
"(A) through bilateral diplomatic channels and multilateral institutions where both the United States and the People's Republic of China are members; and
"(B) using all the authorities available to the United States Government, including visa and financial sanctions, export restrictions, and import controls.
"SEC. 2. STRATEGY TO ENFORCE PROHIBITION ON IMPORTATION OF GOODS MADE THROUGH FORCED LABOR IN THE XINJIANG UYGHUR AUTONOMOUS REGION.
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(A) measures that can be taken to trace the origin of goods, offer greater supply chain transparency, and identify third country supply chain routes for goods mined, produced, or manufactured wholly or in part with forced labor in the People's Republic of China; and
"(B) other measures for ensuring that goods mined, produced, or manufactured wholly or in part with forced labor do not enter the United States.
"(c)
"(d)
"(1) A comprehensive assessment of the risk of importing goods mined, produced, or manufactured wholly or in part with forced labor in the People's Republic of China, including from the Xinjiang Uyghur Autonomous Region or made by Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other persecuted groups in any other part of the People's Republic of China, that identifies, to the extent feasible-
"(A) threats, including through the potential involvement in supply chains of entities that may use forced labor, that could lead to the importation into the United States from the People's Republic of China, including through third countries, of goods mined, produced, or manufactured wholly or in part with forced labor; and
"(B) what procedures can be implemented or improved to reduce such threats.
"(2) A comprehensive description and evaluation-
"(A) of 'pairing assistance' and 'poverty alleviation' or any other government labor scheme that includes the forced labor of Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other persecuted groups outside of the Xinjiang Uyghur Autonomous Region or similar programs of the People's Republic of China in which work or services are extracted from Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other persecuted groups through the threat of penalty or for which the Uyghurs, Kazakhs, Kyrgyz, Tibetans, or members of other persecuted groups have not offered themselves voluntarily; and
"(B) that includes-
"(i) a list of entities in the Xinjiang Uyghur Autonomous Region that mine, produce, or manufacture wholly or in part any goods, wares, articles and merchandise with forced labor;
"(ii) a list of entities working with the government of the Xinjiang Uyghur Autonomous Region to recruit, transport, transfer, harbor or receive forced labor or Uyghurs, Kazakhs, Kyrgyz, or members of other persecuted groups out of the Xinjiang Uyghur Autonomous Region;
"(iii) a list of products mined, produced, or manufactured wholly or in part by entities on the list required by clause (i) or (ii);
"(iv) a list of entities that exported products described in clause (iii) from the People's Republic of China into the United States;
"(v) a list of facilities and entities, including the Xinjiang Production and Construction Corps, that source material from the Xinjiang Uyghur Autonomous Region or from persons working with the government of the Xinjiang Uyghur Autonomous Region or the Xinjiang Production and Construction Corps for purposes of the 'poverty alleviation' program or the 'pairing-assistance' program or any other government labor scheme that uses forced labor;
"(vi) a plan for identifying additional facilities and entities described in clause (v);
"(vii) an enforcement plan for each such entity whose goods, wares articles, or merchandise are exported into the United States, which may include issuing withhold release orders to support enforcement of section 4 with respect to the entity;
"(viii) a list of high-priority sectors for enforcement, which shall include cotton, tomatoes, and polysilicon; and
"(ix) an enforcement plan for each such high-priority sector.
"(3) Recommendations for efforts, initiatives, and tools and technologies to be adopted to ensure that U.S. Customs and Border Protection can accurately identify and trace goods made in the Xinjiang Uyghur Autonomous Region entering at any of the ports of the United States.
"(4) A description of how U.S. Customs and Border Protection plans to enhance its use of legal authorities and other tools to ensure that no goods are entered at any of the ports of the United States in violation of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), including through the initiation of pilot programs to test the viability of technologies to assist in the examination of such goods.
"(5) A description of the additional resources necessary for U.S. Customs and Border Protection to ensure that no goods are entered at any of the ports of the United States in violation of section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
"(6) Guidance to importers with respect to-
"(A) due diligence, effective supply chain tracing, and supply chain management measures to ensure that such importers do not import any goods mined, produced, or manufactured wholly or in part with forced labor from the People's Republic of China, especially from the Xinjiang Uyghur Autonomous Region;
"(B) the type, nature, and extent of evidence that demonstrates that goods originating in the People's Republic of China were not mined, produced, or manufactured wholly or in part in the Xinjiang Uyghur Autonomous Region; and
"(C) the type, nature, and extent of evidence that demonstrates that goods originating in the People's Republic of China, including goods detained or seized pursuant to section 307 of the Tariff Act of 1930 (19 U.S.C. 1307), were not mined, produced, or manufactured wholly or in part with forced labor.
"(7) A plan to coordinate and collaborate with appropriate nongovernmental organizations and private sector entities to implement and update the strategy developed under subsection (c).
"(e)
"(1)
"(A) in the case of the first such report, sets forth the strategy developed under subsection (c); and
"(B) in the case of any subsequent such report, sets forth any updates to the strategy.
"(2)
"(3)
"(4)
"(f)
"SEC. 3. REBUTTABLE PRESUMPTION THAT IMPORT PROHIBITION APPLIES TO GOODS MINED, PRODUCED, OR MANUFACTURED IN THE XINJIANG UYGHUR AUTONOMOUS REGION OR BY CERTAIN ENTITIES.
"(a)
"(1) the importation of such goods, wares, articles, and merchandise is prohibited under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and
"(2) such goods, wares, articles, and merchandise are not entitled to entry at any of the ports of the United States.
"(b)
"(1) that the importer of record has-
"(A) fully complied with the guidance described in section 2(d)(6) and any regulations issued to implement that guidance; and
"(B) completely and substantively responded to all inquiries for information submitted by the Commissioner to ascertain whether the goods were mined, produced, or manufactured wholly or in part with forced labor; and
"(2) by clear and convincing evidence, that the good, ware, article, or merchandise was not mined, produced, or manufactured wholly or in part by forced labor.
"(c)
"(d)
"(1) to implement paragraphs (1) and (2) of subsection (b); or
"(2) to amend any other regulations relating to withhold release orders in order to implement this section.
"(e)
"SEC. 4. DIPLOMATIC STRATEGY TO ADDRESS FORCED LABOR IN THE XINJIANG UYGHUR AUTONOMOUS REGION.
"(a)
"(b)
"(1) a plan to enhance bilateral and multilateral coordination, including sustained engagement with the governments of United States partners and allies, to end forced labor of Uyghurs, Kazakhs, Kyrgyz, Tibetans, and members of other persecuted groups in the Xinjiang Uyghur Autonomous Region;
"(2) a description of public affairs, public diplomacy, and counter-messaging efforts to promote awareness of the human rights situation, including forced labor in the Xinjiang Uyghur Autonomous Region; and
"(3) a plan-
"(A) to coordinate and collaborate with appropriate nongovernmental organizations and private sector entities to raise awareness about goods mined, produced, or manufactured wholly or in part with forced labor in the Xinjiang Uyghur Autonomous Region; and
"(B) to provide humanitarian assistance, including with respect to resettlement and advocacy for imprisoned family members, to Uyghurs, Kazakhs, Kyrgyz, Tibetans, and members of other persecuted groups, including members of such groups formerly detained in mass internment camps in the Xinjiang Uyghur Autonomous Region.
"(c)
"(1) to the extent practicable, a list of-
"(A) entities in the People's Republic of China or affiliates of such entities that use or benefit from forced labor in the Xinjiang Uyghur Autonomous Region; and
"(B) Foreign persons that acted as agents of the entities or affiliates of entities described in subparagraph (A) to import goods into the United States.
"(2) A plan for working with private sector entities seeking to conduct supply chain due diligence to prevent the importation of goods mined, produced, or manufactured wholly or in part with forced labor into the United States.
"(3) A plan of actions taken by the United States Government to address forced labor in the Xinjiang Uyghur Autonomous Region under existing authorities, including-
"(A) the Trafficking Victims Protection Act of 2000 (
"(B) the Elie Wiesel Genocide and Atrocities Prevention Act of 2018 (
"(C) the Global Magnitsky Human Rights Accountability Act [
"(d)
"(e)
"SEC. 5. IMPOSITION OF SANCTIONS RELATING TO FORCED LABOR IN THE XINJIANG UYGHUR AUTONOMOUS REGION.
"(a)
"(b)
"(1) takes effect on the date of the enactment of this Act [Dec. 23, 2021]; and
"(2) applies with respect to the first report required by section 6(a)(1) of the Uyghur Human Rights Policy Act of 2020 [
"(c)
"(1)
"(2)
"SEC. 6. SUNSET.
"Sections 3, 4, and 5 shall cease to have effect on the earlier of-
"(1) the date that is 8 years after the date of the enactment of this Act [Dec. 23, 2021]; or
"(2) the date on which the President submits to the appropriate congressional committees a determination that the Government of the People's Republic of China has ended mass internment, forced labor, and any other gross violations of human rights experienced by Uyghurs, Kazakhs, Kyrgyz, Tibetans, and members of other persecuted groups in the Xinjiang Uyghur Autonomous Region.
"SEC. 7. DEFINITIONS.
"In this Act:
"(1)
"(A) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives; and
"(B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate.
"(2)
"(A) has the meaning given that term in section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and
"(B) includes convict labor and indentured labor under penal sanctions.
"(3)
"(4)
"(5)
"(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
"(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity."
[For delegation of functions of the President under section 5(c) of
Imposition of Sanctions
"(a)
"(1)
"(A) Torture.
"(B) Cruel, inhuman, or degrading treatment or punishment.
"(C) Prolonged detention without charges and trial.
"(D) Causing the disappearance of persons by the abduction and clandestine detention of those persons.
"(E) Other flagrant denial of the right to life, liberty, or the security of persons.
"(F) Serious human rights abuses in connection with forced labor.
"(2)
"(b)
"(c)
"(1)
"(A) are in the United States;
"(B) come within the United States; or
"(C) come within the possession or control of a United States person.
"(2)
"(A)
"(i) inadmissible to the United States;
"(ii) ineligible to receive a visa or other documentation to enter the United States; and
"(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
"(B)
"(i)
"(ii)
"(I) take effect immediately; and
"(II) cancel any other valid visa or entry documentation that is in the alien's possession.
"(3)
"(d)
"(e)
"(f)
"(1)
"(2)
"(A) 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, between the United Nations and the United States, or other applicable international obligations; or
"(B) to carry out or assist law enforcement activity in the United States.
"(3)
"(A)
"(B)
"(g)
"(1) information exists that the person did not engage in the activity for which sanctions were imposed;
"(2) the person has been prosecuted appropriately for the activity for which sanctions were imposed;
"(3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a)(1) in the future; or
"(4) the termination of the sanctions is in the national security interests of the United States.
"(h)
"(i)
"(1)
"(2)
"(3)
"(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
"(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity."
[For delegation of functions of the President under section 6 of
Monitoring of Implementation of 1979 Agreement Between the United States and China on Cooperation in Science and Technology
"(a)
"(1) monitor the implementation of the Agreement specified in subsection (c);
"(2) keep a systematic account of the protocols to the Agreement;
"(3) coordinate the activities of all agencies of the United States Government that carry out cooperative activities under the Agreement; and
"(4) ensure that all activities conducted under the Agreement comply with applicable laws and regulations concerning the transfer of militarily sensitive technologies and dual-use technologies.
"(b)
"(c)
"(d)
"(1) Assisting the Secretary of State and other appropriate officials in setting standards under the Agreement for science and technology transfers between the United States and the People's Republic of China.
"(2) Monitoring ongoing programs and activities under the Agreement and recommending future programs and activities under the Agreement.
"(3) Developing a comprehensive database of all government-to-government programs and United States Government-funded programs under the Agreement.
"(4) Coordinating activities under the Agreement between United States Government agencies, including elements of the intelligence community, as appropriate."
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
Tibetan Policy
"(1) that the Tibetan people are a people with a distinct religious, cultural, linguistic, and historical identity;
"(2) that the dispute between Tibet and the People's Republic of China must be resolved in accordance with international law, including the United Nations Charter, by peaceful means, through dialogue without preconditions;
"(3) that the People's Republic of China should cease its propagation of disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions, including that of the Dalai Lama;
"(4) to encourage the People's Republic of China to ratify the International Covenant on Civil and Political Rights and uphold all its commitments under the International Covenant on Economic, Social and Cultural Rights; and
"(5) in accordance with the Tibetan Policy and Support Act of 2020 [
"(A) to promote substantive dialogue without pre-conditions, between the Government of the People's Republic of China and the Dalai Lama, his or her representatives, or democratically elected leaders of the Tibetan community, or explore activities to improve prospects for dialogue, that leads to a negotiated agreement on Tibet;
"(B) to coordinate with other governments in multilateral efforts towards the goal of a negotiated agreement on Tibet; and
"(C) to encourage the Government of the People's Republic of China to address the aspirations of the Tibetan people with regard to their distinct historical, cultural, religious, and linguistic identity."
"(a)
"(1) Tibetan Buddhism is practiced in many countries including Bhutan, India, Mongolia, Nepal, the People's Republic of China, the Russian Federation, and the United States, yet the Government of the People's Republic of China has repeatedly insisted on its role in managing the selection of Tibet's next spiritual leader, the Dalai Lama, through actions such as those described in the 'Measures on the Management of the Reincarnation of Living Buddhas' in 2007.
"(2) On March 19, 2019, Chinese Ministry of Affairs spokesperson reiterated that the 'reincarnation of living Buddhas including the Dalai Lama must comply with Chinese laws and regulations and follow religious rituals and historical conventions'.
"(3) The Government of the People's Republic of China has interfered in the process of recognizing a successor or reincarnation of Tibetan Buddhist leaders, including in 1995 by arbitrarily detaining Gedhun Choekyi Nyima, a 6-year old boy who was identified as the 11th Panchen Lama, and purporting to install its own candidate as the Panchen Lama.
"(4) The 14th Dalai Lama, Tenzin Gyatso, issued a statement on September 24, 2011, explaining the traditions and spiritual precepts of the selection of Dalai Lamas, setting forth his views on the considerations and process for selecting his successor, and providing a response to the Chinese government's claims that only the Chinese government has the ultimate authority in the selection process of the Dalai Lama.
"(5) The 14th Dalai Lama said in his statement that the person who reincarnates has sole legitimate authority over where and how he or she takes rebirth and how that reincarnation is to be recognized and if there is a need for a 15th Dalai Lama to be recognized, then the responsibility shall primarily rest with the officers of the Dalai Lama's Gaden Phodrang Trust, who will be informed by the written instructions of the 14th Dalai Lama.
"(6) Since 2011, the 14th Dalai Lama has reiterated publicly on numerous occasions that decisions on the successions, emanations, or reincarnations of the Dalai Lama belongs to the Tibetan Buddhist faith community alone.
"(7) On June 8, 2015, the United States House of Representatives unanimously approved House Resolution 337 which calls on the United States Government to 'underscore that government interference in the Tibetan reincarnation process is a violation of the internationally recognized right to religious freedom . . . and to highlight the fact that other countries besides China have long Tibetan Buddhist traditions, and that matters related to reincarnations in Tibetan Buddhism are of keen interest to Tibetan Buddhist populations worldwide'.
"(8) On April 25, 2018, the United States Senate unanimously approved Senate Resolution 429 which 'expresses its sense that the identification and installation of Tibetan Buddhist religious leaders, including a future 15th Dalai Lama, is a matter that should be determined solely within the Tibetan Buddhist faith community, in accordance with the inalienable right to religious freedom'.
"(9) The Department of State's Report on International Religious Freedom for 2018 reported on policies and efforts of the Government of the People's Republic of China to exert control over the selection of Tibetan Buddhist religious leaders, including reincarnate lamas, and stated that '[United States] officials underscored that decisions on the reincarnation of the Dalai Lama should be made solely by faith leaders.'.
"(b)
"(1) decisions regarding the selection, education, and veneration of Tibetan Buddhist religious leaders are exclusively spiritual matters that should be made by the appropriate religious authorities within the Tibetan Buddhist tradition and in the context of the will of practitioners of Tibetan Buddhism;
"(2) the wishes of the 14th Dalai Lama, including any written instructions, should play a key role in the selection, education, and veneration of a future 15th Dalai Lama; and
"(3) interference by the Government of the People's Republic of China or any other government in the process of recognizing a successor or reincarnation of the 14th Dalai Lama and any future Dalai Lamas would represent a clear abuse of the right to religious freedom of Tibetan Buddhists and the Tibetan people.
"(c)
"(1) imposing sanctions pursuant to the Global Magnitsky Human Rights Accountability Act [subtitle F of title XII of div. A of
"(2) prohibiting admission to the United States under section 212(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)).
"(d)
"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)
"(1)
"(2)
"(3)
"(b)
"(1) the steps taken by the President and the Secretary in accordance with subsection (a)(1) to implement the Tibetan Policy Act of 2002;
"(2) the status of any discussions between the People's Republic of China and the Dalai Lama or his representatives or a successor selected by a method of the 14th Dalai Lama's own choosing or the representatives of such successor;
"(3) the steps taken by the United States Government to promote the human rights and distinct religious, cultural, linguistic, and historical identity of the Tibetan people, including the right of the Tibetan people to select, educate, and venerate their own religious leaders in accordance with their established religious practice and system; and
"(4) efforts to counter disinformation about Tibet from the Government of the People's Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions, including that of the Dalai Lama.
"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 [2151n], 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.
[Amended section 6912 of this title.]
"SEC. 616. ECONOMIC DEVELOPMENT IN TIBET.
"(a)
"(b)
"(c)
"(d)
"(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 human rights, 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;
"(9) neither provide incentive for, nor facilitate the involuntary or coerced transfer of ownership of, Tibetan land or natural resources to non-Tibetans; and
"(10) neither provide incentive for, nor facilitate the involuntary or coerced relocation of, Tibetan nomads from their traditional pasturelands into concentrated settlements.
"(e)
"(1)
"(2)
"(f)
"(1) encourage United States businesses and individuals that are engaged in commerce or investing in enterprises in Tibet to be guided by the principles specified in subsection (d) and the United Nations Guiding Principles on Business and Human Rights; and
"(2) hold regular consultations with businesses and individuals that are engaged in commerce or are investing in enterprises in Tibet about the principles referenced in paragraph (1) and the business practices of such businesses and individuals in Tibet.
"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. DIPLOMATIC REPRESENTATION RELATING TO TIBET.
"(a)
"(1) to provide consular services to United States citizens traveling in Tibet; and
"(2) to monitor political, economic, and cultural developments in Tibet.
"(b)
"(c)
"(1) a specific and detailed rationale for the determination that the waiver is in the national security interests of the United States; and
"(2) a description of the efforts by the Department of State to seek the establishment of a United States consulate in Lhasa.
"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 PERSECUTION IN TIBET.
"(a)
"(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)
"SEC. 621. UNITED STATES SPECIAL COORDINATOR FOR TIBETAN ISSUES.
"(a)
"(b)
"(c)
"(1) promote substantive dialogue without preconditions, between the Government of the People's Republic of China and the Dalai Lama, his or her representatives, or democratically elected leaders of the Tibetan community, or explore activities to improve prospects for dialogue, that leads to a negotiated agreement on Tibet;
"(2) coordinate with other governments in multilateral efforts towards the goal of a negotiated agreement on Tibet;
"(3) encourage the Government of the People's Republic of China to address the aspirations of the Tibetan people with regard to their distinct historical, cultural, religious, and linguistic identity;
"(4) promote the human rights of the Tibetan people;
"(5) promote activities to preserve environment and water resources of the Tibetan plateau;
"(6) encourage that any initiatives or activities for Tibetan communities in the Tibet Autonomous Region are conducted in accordance with the principles espoused in section 616(d); and
"(7) promote access to Tibet in accordance with the Reciprocal Access to Tibet Act of 2018 (
"(d)
"(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;
"(6) work with relevant bureaus of the Department of State and the United States Agency for International Development to ensure that United States Government statements and documents counter, as appropriate, disinformation about Tibet from the Government of the People's Republic of China and the Chinese Communist Party, including disinformation about the history of Tibet, the Tibetan people, and Tibetan institutions, including that of the Dalai Lama;
"(7) provide guidance with respect to all projects carried out pursuant to assistance provided under section 616(e);
"(8) seek to establish international diplomatic coalitions to-
"(A) oppose any effort by the Government of the People's Republic of China to select, educate, and venerate Tibetan Buddhist religious leaders in a manner inconsistent with the principle that the succession or identification of Tibetan Buddhist lamas, including the Dalai Lama, should occur without interference, in a manner consistent with traditional practice; and
"(B) ensure that the identification and installation of Tibetan Buddhist religious leaders, including any future Dalai Lama, is determined solely within the Tibetan Buddhist faith community, in accordance with the internationally-recognized right to religious freedom; and
"(9) take all appropriate steps to ensure adequate resources, staff, and bureaucratic support to fulfill the duties and responsibilities of the Special Coordinator.
"(e)
"SEC. 622. DEFINITION.
"For purposes of this Act, the term 'Tibet' refers to the following areas:
"(1) The Tibet Autonomous Region.
"(2) The areas that the Government of the People's Republic of China designated as Tibetan Autonomous, as of 2018, as follows:
"(A) Kanlho (Gannan) Tibetan Autonomous Prefecture, and Pari (Tianzhu) Tibetan Autonomous County located in Gansu Province.
"(B) 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.
"(C) Garze (Ganzi) Tibetan Autonomous Prefecture, Ngawa (Aba) Tibetan and Qiang Autonomous Prefecture, and Muli (Mili) Tibetan Autonomous County, located in Sichuan Province.
"(D) Dechen (Diqing) Tibetan Autonomous Prefecture, located in Yunnan Province."
[For definitions of "Secretary" and "appropriate congressional committees" as used in subtitle B of title VI of div. A of
[Functions of President under section 613(b) of
Policy of the United States With Respect to Macau
"SEC. 201. SHORT TITLE.
"This title may be cited as the 'United States-Macau Policy Act of 2000'.
"SEC. 202. FINDINGS AND DECLARATIONS; SENSE OF CONGRESS.
"(a)
"(1) The continued economic prosperity of Macau furthers United States interests in the People's Republic of China and Asia.
"(2) Support for democratization is a fundamental principle of United States foreign policy, and as such, that principle naturally applies to United States policy toward Macau.
"(3) The human rights of the people of Macau are of great importance to the United States and are directly relevant to United States interests in Macau.
"(4) A fully successful transition in the exercise of sovereignty over Macau must continue to safeguard human rights in and of themselves.
"(5) Human rights also serve as a basis for Macau's continued economic prosperity, and Congress takes note of Macau's adherence to the International Covenant on Civil and Political Rights and the International Convention on Economic, Social, and Cultural Rights.
"(b)
"(1) the United States should play an active role in maintaining Macau's confidence and prosperity, Macau's unique cultural heritage, and the mutually beneficial ties between the people of the United States and the people of Macau;
"(2) through its policies, the United States should contribute to Macau's ability to maintain a high degree of autonomy in matters other than defense and foreign affairs as promised by the People's Republic of China and the Republic of Portugal in the Joint Declaration, particularly with respect to such matters as trade, commerce, law enforcement, finance, monetary policy, aviation, shipping, communications, tourism, cultural affairs, sports, and participation in international organizations, consistent with the national security and other interests of the United States; and
"(3) the United States should actively seek to establish and expand direct bilateral ties and agreements with Macau in economic, trade, financial, monetary, mutual legal assistance, law enforcement, communication, transportation, and other appropriate areas.
"SEC. 203. CONTINUED APPLICATION OF UNITED STATES LAW.
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(c)
"(1)
"(2)
"SEC. 204. REPORTING REQUIREMENT.
"(a)
"(1) significant developments in United States relations with Macau, including any determination made under section 203;
"(2) significant developments related to the change in the exercise of sovereignty over Macau affecting United States interests in Macau or United States relations with Macau and the People's Republic of China;
"(3) the development of democratic institutions in Macau;
"(4) compliance by the Government of the People's Republic of China and the Government of the Republic of Portugal with their obligations under the Joint Declaration; and
"(5) the nature and extent of Macau's participation in multilateral forums.
"(b)
"SEC. 205. DEFINITIONS.
"In this title:
"(1)
"(2)
Executive Documents
Delegation of Certain Functions and Authorities Under the Uyghur Human Rights Policy Act of 2020 and Public Law 117–78
Memorandum of President of the United States, Dec. 7, 2023, 88 F.R. 87651, provided:
Memorandum for the Secretary of State[,] the Secretary of the Treasury[, and] the Secretary of Homeland Security
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby order as follows:
(i) section 6(a)(1) of the UHRPA, with respect to submitting the report;
(ii) section 6(e) of the UHRPA; and
(iii) section 5(c)(1) of
(b) I hereby delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by the following provisions of the UHRPA and
(i) section 6(a)(1) of the UHRPA, with respect to making the determinations;
(ii) section 6(g) of the UHRPA, with respect to terminating the sanctions described in section 6(c)(1) of the UHRPA and imposed under section 6(b) of the UHRPA; and
(iii) section 5(c)(1) of
(c) I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by the following provisions of the UHRPA and
(i) section 6(b) of the UHRPA, with respect to imposing the sanctions described in section 6(c)(1) of the UHRPA;
(ii) section 6(c)(1) of the UHRPA;
(iii) section 6(d) of the UHRPA; and
(iv) section 5(c)(2) of
(d) I hereby delegate to the Secretary of State, in consultation with the Secretary of Homeland Security, the functions and authorities vested in the President by the following provisions of the UHRPA and
(i) section 6(b) of the UHRPA, with respect to imposing the sanctions described in section 6(c)(2) of the UHRPA;
(ii) section 6(g) of the UHRPA, with respect to terminating the sanctions described in section 6(c)(2) of the UHRPA and imposed under section 6(b) of the UHRPA; and
(iii) section 5(c)(2) of
J.R. Biden, Jr.