[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 138 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
2d Session
S. 138
_______________________________________________________________________
AN ACT
To amend the Tibetan Policy Act of 2002 to modify certain provisions of
that Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting a Resolution to the Tibet-
China Dispute Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It has been the long-standing policy of the United
States to encourage meaningful and direct dialogue between
representatives of the People's Republic of China and the Dalai
Lama, his or her representatives, or democratically elected
leaders of the Tibetan community, without preconditions, to
seek a settlement that resolves differences.
(2) Nine rounds of dialogue held between 2002 and 2010
between the People's Republic of China authorities and the 14th
Dalai Lama's representatives failed to produce a settlement
that resolved differences, and the two sides have held no
formal dialogue since January 2010.
(3) An obstacle to further dialogue is that the Government
of the People's Republic of China continues to impose
conditions on substantive dialogue with the Dalai Lama,
including a demand that he say that Tibet has been part of
China since ancient times, which the Dalai Lama has refused to
do because it is inaccurate.
(4) Article 1 of the International Covenant on Civil and
Political Rights and Article 1 of the International Covenant on
Economic, Social and Cultural Rights provide, ``All peoples
have the right of self-determination. By virtue of that right
they freely determine their political status and freely pursue
their economic, social and cultural development.''.
(5) The United States Government has never taken the
position that Tibet was a part of China since ancient times.
(6) China signed the International Covenant on Civil and
Political Rights on October 5, 1998, and ratified the
International Covenant on Economic, Social and Cultural Rights
on March 27, 2001.
(7) Under international law, including United Nations
General Assembly Resolution 2625, the right to self-
determination is the right of a people to determine its own
destiny and the exercise of this right can result in a variety
of outcomes ranging from independence, federation, protection,
some form of autonomy, or full integration within a State.
(8) United Nations General Assembly Resolution 1723,
adopted on December 20, 1961, called for the ``cessation of
practices which deprive the Tibetan people of their fundamental
human rights and freedoms, including their right to self-
determination''.
(9) Secretary of State Antony Blinken, in a May 26, 2022,
speech entitled ``The Administration's Approach to the People's
Republic of China'', said that the rules-based international
order's ``founding documents include the UN Charter and the
Universal Declaration of Human Rights, which enshrined concepts
like self-determination, sovereignty, the peaceful settlement
of disputes. These are not Western constructs. They are
reflections of the world's shared aspirations.''.
(10) The Tibetan Policy Act of 2002 (22 U.S.C. 6901 note),
as amended by the Tibetan Policy and Support Act of 2020
(subtitle E of title III of division FF of Public Law 116-260),
in directing the United States Government ``to promote the
human rights and distinct religious, cultural, linguistic, and
historical identity of the Tibetan people'' acknowledges that
the Tibetan people possess a distinct religious, cultural,
linguistic, and historical identity.
(11) Department of State reports on human rights and
religious freedom have consistently documented systematic
repression by the authorities of the People's Republic of China
against Tibetans as well as acts of defiance and resistance by
Tibetan people against the People's Republic of China policies.
(12) The Tibetan Policy Act of 2002 (22 U.S.C. 6901 note)
specifies that the central objective of the United States
Special Coordinator for Tibetan Issues is to promote
substantive dialogue 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.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(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.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) claims made by officials of the People's Republic of
China and the Chinese Communist Party that Tibet has been a
part of China since ancient times are historically inaccurate;
(2) the current policies of the People's Republic of China
are systematically suppressing the ability of the Tibetan
people to preserve their religion, culture, language, history,
way of life, and environment;
(3) the Government of the People's Republic of China is
failing to meet the expectations of the United States to engage
in meaningful dialogue with the Dalai Lama or his
representatives or to reach a negotiated resolution that
includes the aspirations of the Tibetan people; and
(4) United States public diplomacy efforts should 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. 5. MODIFICATIONS TO THE TIBETAN POLICY ACT OF 2002.
(a) Tibet Negotiations.--Section 613(b) of the Tibetan Policy Act
of 2002 (22 U.S.C. 6901 note) is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(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.''.
(b) United States Special Coordinator for Tibetan Issues.--Section
621(d) of the Tibetan Policy Act of 2002 (22 U.S.C. 6901 note) is
amended--
(1) by redesignating paragraphs (6), (7), and (8) as
paragraphs (7), (8), and (9), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph:
``(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;''.
(c) Definition.--The Tibetan Policy Act of 2002 (22 U.S.C. 6901
note) is amended by adding at the end the following new section:
``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.''.
SEC. 6. AVAILABILITY OF AMOUNTS TO COUNTER DISINFORMATION ABOUT TIBET.
Amounts authorized to be appropriated or otherwise made available
under section 346 of the Tibetan Policy and Support Act of 2020
(subtitle E of title III of division FF of Public Law 116-260) are
authorized to be made available 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.
Passed the Senate May 23, 2024.
Attest:
Secretary.
118th CONGRESS
2d Session
S. 138
_______________________________________________________________________
AN ACT
To amend the Tibetan Policy Act of 2002 to modify certain provisions of
that Act.