,,ii #aaeth ,,congress #ast ,session ,s4 #hba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #d1 #bjag,mr4 ,rubio 7for himself and ,ms4 ,baldwin7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to promote access for ,united ,states officials1 journalists1 and other citizens to ,tibetan areas of the ,people's ,republic of ,china1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,reciprocal ,access to ,tibet ,act of #bjag4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,government of the ,people's ,republic of ,china does not grant ,united ,states officials1 journalists1 and other citizens access to ,china on a basis that is reciprocal to the access that the ,government of the ,united ,states grants ,chinese officials1 journalists1 and citizens4 7#b7 ,the ,government of ,china imposes greater restrictions on travel to ,tibetan areas than to other areas of ,china4 7#c7 ,officials of ,china have stated that ,tibet is open to foreign visitors4 7#d7 ,the ,government of ,china is promoting tourism in ,tibetan areas1 and at the ,sixth ,tibet ,work ,forum in ,august #bjae1 ,premier ,li ,keqiang called for ,tibet to build major world tourism destinations4 7#e7 ,the ,government of ,china requires foreigners to obtain permission from the ,tibet ,foreign and ,overseas ,affairs ,office or from the ,tibet ,tourism ,bureau to enter the ,tibet ,autonomous ,region1 a restriction that is not imposed on travel to any other provincial-level jurisdiction in ,china4 7#f7 ,the ,department of ,state reports that-- 7,a7 officials of the ,government of the ,united ,states submitted #ci requests for diplomatic access to the ,tibet ,autonomous ,region between ,may #bjaa and ,july #bjae1 but only four were granted2 and 7,b7 when such requests are granted1 diplomatic personnel are closely supervised and given few opportunities to meet local residents not approved by authorities4 7#g7 ,the ,government of ,china delayed ,united ,states consular access for more than #dh hours after an ,october #bh1 #bjac1 bus crash in the ,tibet ,autonomous ,region1 in which three citizens of the ,united ,states died and more than a dozen others1 all from ,walnut1 ,california1 were injured1 undermining the ability of the ,government of the ,united ,states to provide consular services to the victims and their families1 and failing to meet ,china's obligations under the ,convention on ,consular ,relations1 done at ,vienna ,april #bd1 #aifc 7#ba ,,ust #gg74 7#h7 ,following a #bjae earthquake that trapped dozens of citizens of the ,united ,states in the ,tibet ,autonomous ,region1 the ,united ,states ,consulate ,general in ,chengdu faced significant challenges in providing emergency consular assistance due to a lack of consular access4 7#i7 ,the ,country ,reports on ,human ,rights ,practices for #bjae of the ,department of ,state stated ,with the exception of a few highly controlled trips1 the ,chinese government also denied multiple requests by foreign diplomats for permission to visit the ,,tar44 7#aj7 ,tibetan-,americans1 attempting to visit their homeland1 report having to undergo a discriminatory visa application process1 different from what is typically required1 at the ,chinese embassy and consulates in the ,united ,states1 and often find their requests to travel denied4 7#aa7 ,the ,country ,reports on ,human ,rights ,practices for #bjaf of the ,department of ,state stated ,the few visits to the ,,tar by diplomats and journalists that were allowed were tightly controlled by local authorities44 7#ab7 ,a ,september #bjaf article in the ,washington ,post reported that ,the ,tibet ,autonomous ,region ''' is harder to visit as a journalist than ,north ,korea44 7#ac7 ,the ,government of ,china has failed to respond positively to requests from the ,government of the ,united ,states to open a consulate in ,lhasa1 ,tibet ,autonomous ,region4 7#ad7 ,the ,foreign ,correspondents ,club of ,china reports that-- 7,a7 #bjjh rules prevent foreign reporters from visiting the ,tibet ,autonomous ,region without prior permission from the ,government of such ,region2 7,b7 such permission has only rarely been granted2 and 7,c7 although the #bjjh rules allow journalists to travel freely in other parts of ,china1 ,tibetan areas outside such ,region remain effectively off-limits to foreign reporters4 7#ae7 ,the ,department of ,state reports that in addition to having to obtain permission to enter the ,tibet ,autonomous ,region1 foreign tourists-- 7,a7 must be accompanied at all times by a government-designated tour guide2 7,b7 are rarely granted permission to enter the region by road2 7,c7 are largely barred from visiting around the ,march anniversary of a #aiei ,tibetan uprising2 and 7,d7 are banned from visiting the area where ,larung ,gar1 the world's largest center for the study of ,tibetan ,buddhism1 and the site of a large-scale campaign to expel students and demolish living quarters1 is located4 7#af7 ,foreign visitors also face restrictions in their ability to travel freely in ,tibetan areas outside the ,tibet ,autonomous ,region4 7#ag7 ,the ,government of the ,united ,states generally allows journalists and other citizens of ,china to travel freely within the ,united ,states4 ,the ,government of the ,united ,states requires diplomats from ,china to notify the ,department of ,state of their travel plans1 and in certain situations1 the ,government of the ,united ,states requires such diplomats to obtain approval from the ,department of ,state before travel4 ,however1 where approval is required1 it is almost always granted expeditiously4 7#ah7 ,the ,united ,states regularly grants visas to ,chinese officials1 scholars1 and others who travel to the ,united ,states to discuss1 promote1 and display the perspective of the ,government of ,china on the situation in ,tibetan areas1 even as the ,government of ,china restricts the ability of citizens of the ,united ,states to travel to ,tibetan areas to gain their own perspective4 7#ai7 ,chinese diplomats based in the ,united ,states generally avail themselves of the freedom to travel to ,united ,states cities and lobby city councils1 mayors1 and governors to refrain from passing resolutions1 issuing proclamations1 or making statements of concern on ,tibet4 7#bj7 ,the ,government of ,china characterizes statements made by officials of the ,united ,states about the situation in ,tibetan areas as inappropriate interference in the internal affairs of ,china4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,senior leadership positions ,the term senior leadership positions means-- 7,a7 at the national level1 the ,chairperson of the ,national ,committee of the ,chinese ,people's ,political ,consultative ,conference and the ,head and ,deputy ,heads of the ,communist ,party ,central ,committee's ,united ,front ,work ,department2 7,b7 at the sub-national level-- 7i7 members of the ,communist ,party ,standing ,committee of the ,tibet ,autonomous ,region2 7ii7 the ,director of the ,tibet ,autonomous ,region ,tourism ,bureau2 7iii7 the heads of ,united ,front ,work ,departments of ,sichuan1 ,qinghai1 ,gansu1 and ,yunnan ,provinces2 and 7iv7 members of the ,communist ,party ,standing ,committees of the areas listed under paragraph 7#c77;,b72 and 7,c7 any other individual determined by the ,secretary of ,state to be personally and substantially involved in the formulation or execution of policies related to access for foreigners to ,tibetan areas4 7#c7 ,tibetan areas ,the term ,tibetan areas includes-- 7,a7 the ,tibet ,autonomous ,region2 and 7,b7 the areas that the ,chinese ,government designates as ,tibetan ,autonomous1 as follows3 7i7 ,kanlho 7,gannan7 ,tibetan ,autonomous ,prefecture1 and ,pari 7,tianzhu7 ,tibetan ,autonomous ,county located in ,gansu ,province4 7ii7 ,golog 7,guoluo7 ,tibetan ,autonomous ,prefecture1 ,malho 7,huangnan7 ,tibetan ,autonomous ,prefecture1 ,tsojang 7,haibei7 ,tibetan ,autonomous ,prefecture1 ,tsolho 7,hainan7 ,tibetan ,autonomous ,prefecture1 ,tsonub 7,haixi7 ,mongolian and ,tibetan ,autonomous ,prefecture1 and ,yulshul 7,yushu7 ,tibetan ,autonomous ,prefecture1 located in ,qinghai ,province4 7iii7 ,garze 7,ganzi7 ,tibetan ,autonomous ,prefecture1 ,ngawa 7,aba7 ,tibetan and ,qiang ,autonomous ,prefecture1 and ,muli 7,mili7 ,tibetan ,autonomous ,county1 located in ,sichuan ,province4 7iv7 ,dechen 7,diqing7 ,tibetan ,autonomous ,prefecture1 located in ,yunnan ,province4 #d4 ,annual report 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state shall submit to the appropriate congressional committees a report that includes-- 7#a7 an assessment of the level of access ,chinese authorities granted diplomats1 journalists1 and tourists from the ,united ,states to ,tibetan areas1 including-- 7,a7 a comparison with the level of access granted to other areas of ,china2 7,b7 a comparison between the levels of access granted to ,tibetan and non-,tibetan areas in relevant provinces2 7,c7 a comparison of the level of access in the reporting year and the previous reporting year2 and 7,d7 a description of the required permits and other measures that impede the freedom to travel in ,tibetan areas2 and 7#b7 a list of each individual who holds a senior leadership position4 7b7 ,public availability ,the report required under subsection 7a7 shall be made available to the public on the website of the ,department of ,state4 #e4 ,inadmissibility of certain aliens 7a7 ,ineligibility for visas ,no individual who is included on the most recent list required under section #d7;a77#b7 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-- 7#a7 7,a7 the requirement for specific official permission for foreigners to enter the ,tibetan ,autonomous ,region remains in effect2 or 7,b7 such requirement has been replaced by a regulation that has a similar effect and requires foreign travelers to gain a level of permission to enter the ,tibet ,autonomous ,region that is not required for travel to other provinces in ,china2 and 7#b7 restrictions on travel by officials1 journalists1 and citizens of the ,united ,states to areas designated as ,tibetan ,autonomous in the provinces of ,sichuan1 ,qinghai1 ,yunnan1 and ,gansu of ,china are greater than any restrictions on travel by such officials and citizens to areas in such provinces that are not so designated4 7b7 ,current visas revoked ,the ,secretary of ,state shall revoke1 in accordance with section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i771 the visa or other documentation to enter or be present in the ,united ,states issued for an alien who would be ineligible to receive such a visa or documentation under subsection 7a74 7c7 ,waiver for national interests 7#a7 ,in general ,the ,secretary of ,state may waive the application of subsection 7a7 or 7b7 in the case of an alien if the ,secretary determines that such a waiver-- 7,a7 is necessary to permit the ,united ,states to comply with the ,agreement ,regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg 7,,tias #afgf71 or any other applicable international obligation of the ,united ,states2 or 7,b7 is in the national security interests of the ,united ,states4 7#b7 ,notification ,upon granting a waiver under paragraph 7#a71 the ,secretary of ,state shall submit to the appropriate congressional committees a document detailing the evidence and justification for the necessity of such waiver1 including1 if such waiver is granted pursuant to paragraph 7#a77;,b71 how such waiver relates to the national security interests of the ,united ,states4 #f4 ,sense of ,congress on visa policy 7a7 ,finding ,congress finds that reciprocity forms the basis of diplomatic law and the practice of mutual exchanges between countries4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 a country should give equivalent consular access to the nationals of a foreign country in a manner that is reciprocal to the consular access granted by such foreign country to citizens of the country2 and 7#b7 the ,secretary of ,state1 when granting diplomats from ,china access to parts of the ,united ,states1 should take into account the extent to which the ,government of ,china grants diplomats from the ,united ,states access to parts of ,china1 including the level of access afforded to such diplomats to ,tibetan areas4