Tibet Atrocities Determination Act

Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a determination as to whether acts carried out by officials or agents of the People’s Republic of China against Tibetans in Tibet constitute either—

(1) an ongoing genocide against the Tibetan people, consistent with, but not limited to, the Genocide Convention Implementation Act of 1987 (the Proxmire Act) (18 U.S.C. 1091 et seq.); or

(2) crimes against humanity.

For purposes of this Act, the Secretary shall specifically consider, among other factors—

(1) systematic killing, including intentional, repeated acts leading to the death of Tibetan individuals or groups;

(2) serious bodily or psychological harm, including physical violence, torture, psychological intimidation, forced indoctrination, or other actions causing severe suffering;

(3) life conditions calculated to destroy, including forced displacement, mass detentions, systemic deprivation of food, water, medical care, or shelter, and policies with foreseeable fatal consequences for the Tibetan population;

(4) measures intended to prevent births, including enforced sterilization or coercive abortion practices;

(5) forced transfer of children, including the removal of Tibetan children from their families or communities, including through China’s colonial boarding school system; and

(6) any other factors deemed relevant by the Secretary.

The Secretary shall, concurrent with the determination described in section 2, submit to the appropriate congressional committees a written report that includes—

(1) the evidentiary basis for the determination, including documentation of specific acts and policies;

(2) a review of actions and statements by the Government of the People's Republic of China intended to sinicize Tibetan Buddhism or repress Tibetan language and culture that contribute to policies resulting in genocide or crimes against humanity against the Tibetan people;

(3) findings from Department of State reports and credible third-party analyses; and

(4) recommendations for United States policy responses, including potential sanctions, including, but not limited to, visa restrictions and diplomatic actions.

The Secretary may consult with—

(1) experts in Tibetan culture, religion, and internationally recognized human rights;

(2) nongovernmental organizations, including Tibetan advocacy groups; and

(3) members of the Tibetan diaspora.

This report shall be submitted in unclassified form, but may contain a classified annex.

The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

The term Tibet means the traditional Tibetan provinces of Amdo, Kham, and U-Tsang within the People’s Republic of China.