Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · BILL · 116th Congress · H.R. 4331 (Engrossed in House) — To modify and reauthorize the Tibetan Policy Act of 2002, and for other purposes. · Sec. 3

Sec. 3. Statement of policy regarding the succession or reincarnation of the Dalai Lama

849 words·~4 min read·/bill/116/hr/4331/eh/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Congress finds the following: Notwithstanding that 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, 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.
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 . 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.
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. 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.
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. 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 .
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 . 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 U.S. officials underscored that decisions on the reincarnation of the Dalai Lama should be made solely by faith leaders. .
It is the policy of the United States that— 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; the wishes of the 14th Dalai Lama, including any written instructions, should play a determinative role in the selection, education, and veneration of a future 15th Dalai Lama; and 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 violation of the fundamental religious freedoms of Tibetan Buddhists and the Tibetan people.
It is the policy of the United States to consider senior officials of the Government of the People’s Republic of China who are responsible for, complicit in, or have directly or indirectly engaged in the identification or installation of a candidate chosen by China as the future 15th Dalai Lama of Tibetan Buddhism to have committed— a gross violation of internationally recognized human rights for purposes of imposing sanctions with respect to such officials under the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 2656 note); and a particularly severe violation of religious freedom for purposes of applying section 212(a)(2)(G) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2)(G) ) with respect to such officials.
Consistent with section 401 of the Frank R. Wolf International Religious Freedom Act ( Public Law 114–281 ; 130 Stat. 1436), of the funds available to the Department of State for international religious freedom programs, the Ambassador-at-Large for International Religious Freedom should support efforts to protect and promote international religious freedom in China and for programs to protect Tibetan Buddhism in China and elsewhere.
Connectionstraces to 3
1 reference not yet in our index
  • 130 Stat. 1436
Citation graph
cites case law
Sec. 3
Statement of policy regarding the succession or reincarnation of the Dalai Lama
Stat.130 Stat. 1436
Cites 4Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.