Massive Tax and Spending Bill Passed By Congress Includes Issues of Interest on Religion

As reported by the Washington Post, the House and Senate yesterday evening both passed a wide-ranging 5,593-page government funding and pandemic economic relief bill after Congressional leaders finally reached a compromise on the legislation. The bill now goes to the President for his signature.

Here is the full text of the bill, titled Consolidated Appropriations Act, 2021. Demonstrating the vast array of topics included in the bill are two unrelated provisions of particular interest to those who follow law and religion issues. The first makes it clear that churches and religious organizations can be eligible to participate in the Paycheck Protection Program Loans program:

SEC. 311. PAYCHECK PROTECTION PROGRAM SECOND DRAW LOANS ...

c) ELIGIBLE CHURCHES AND RELIGIOUS ORGANIZATIONS

(1) SENSE OF CONGRESS.—It is the sense of Congress that the interim final rule of the Administration entitled ‘‘Business Loan Program Temporary Changes; Paycheck Protection Program’’ (85 Fed. 11 Reg. 20817 (April 15, 2020)) properly clarified the eligibility of churches and religious organizations for loans made under paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)).

(2) APPLICABILITY OF PROHIBITION.—The prohibition on eligibility established by section 120.110(k) of title 13, Code of Federal Regulations, or any successor regulation, shall not apply to a loan under paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)).

The second provision of interest is Subtitle E, Tibetan Policy and Support Act of 2020, which among other things focuses on religious persecution in Tibet. It provides in part:

SEC. 342. STATEMENT OF POLICY REGARDING THE SUCCESSION OR REINCARNATION OF THE DALAI LAMA....

(b) STATEMENT OF POLICY.—It is the policy of the United States that—

(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) HOLDING CHINESE OFFICIALS RESPONSIBLE FOR RELIGIOUS FREEDOM ABUSES TARGETING TIBETAN BUDDHISTS.—It is the policy of the United States to take all appropriate measures to hold accountable senior officials of the Government of the People’s Republic of China or the Chinese Communist Party who directly interfere with the identification and installation of the future 15th Dalai Lama of Tibetan Buddhism, successor to the 14th Dalai Lama, including by—

(1) imposing sanctions pursuant to the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note); and

(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)).

Obama Meets At White House With Dalai Lama

President Obama met yesterday in the Map Room of the White House with the Dalai Lama, spiritual head of the Tibetan Buddhists and until his retirement in 2011 head of the exiled Tibetan government.  As reported by CNN, the meeting angered the Chinese who see the Dalai Lama as the head of a separatist movement.  In a statement (full text) issued after the meeting, the White House said:

The President and the Dalai Lama discussed the situation for Tibetans in the People’s Republic of China, and the President emphasized his strong support for the preservation of Tibet’s unique religious, cultural, and linguistic traditions and the equal protection of human rights of Tibetans in China....

... [T]he President reiterated the longstanding U.S. position that Tibet is a part of the People’s Republic of China, and the United States does not support Tibetan independence.  The Dalai Lama stated that he is not seeking independence for Tibet and hopes that dialogue between his representatives and the Chinese government will resume.