[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 138 Engrossed in Senate (ES)]

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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.