[Congressional Record Volume 170, Number 98 (Tuesday, June 11, 2024)]
[House]
[Pages H3701-H3704]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROMOTING A RESOLUTION TO THE TIBET-CHINA DISPUTE ACT
Mr. McCAUL. Mr. Speaker, I move to suspend the rules and pass the
bill (S. 138) to amend the Tibetan Policy Act of 2002 to modify certain
provisions of that Act.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 138
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
[[Page H3702]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. McCaul) and the gentleman from Massachusetts (Mr. Keating)
each will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. McCAUL. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the world is no stranger to the CCP's aggression. As
they increase hostilities against Taiwan and other allies in the
region, it is abundantly clear that the CCP seeks to dominate the Indo-
Pacific and beyond. Just look at their military activities around
Taiwan, Mr. Speaker, their harassment of the Philippine ships in the
South China Sea, and their support for Russia's war of aggression in
Ukraine.
The CCP has a long history of subjugation that extends beyond Asia.
The CCP has a long and violent record of oppression against the people
of Tibet. In October of 1950, Chinese Communist troops annexed Tibet,
slaughtering tens of thousands of innocent Tibetans and monks. The
CCP's ongoing oppression of the people of Tibet ultimately forced the
Dalai Lama to flee to India. This persecution has continued to this
day.
In November, the CCP released a white paper on its policies in Tibet.
In this document, the party doubled down on its oppression and
crackdown on the religious and economic freedom of Tibetans. Some of
the actions taken by the CCP include setting up boarding schools to
``reeducate'' Tibetan children, clamping down on the use of Tibetan
language, restricting movement of Tibetans, and even attempting to
insert themselves into the succession of the Dalai Lama himself.
This white paper demonstrates the need for this bill, and I am proud
to have co-introduced this with Representative McGovern.
The Promoting a Resolution to the Tibet-China Dispute Act helps
Tibetans in several ways. It pushes back against CCP propaganda about
the history of Tibet. The United States has never accepted that Tibet
was part of China since ancient times as the CCP falsely claims. This
legislation clarifies U.S. policy and highlights the unique language,
religion, and culture of the Tibetan people. It directs U.S. diplomacy
[[Page H3703]]
to push back against CCP propaganda. In addition, it ensures Tibetans
have a say in their own future.
This bill stresses a need for a dialogue between the CCP and other
democratically elected leaders of Tibet.
Any resolution must include the wishes and voice of the Tibetan
people. Tibetans are a democracy-loving people who wish to practice
their religion freely and have their own wishes and desires
acknowledged.
I am proud to have played a small part in supporting this dream for
the Tibetan people.
I thank Senators Merkley and Young who passed this bill unanimously
through the Senate.
Mr. Speaker, I encourage all my colleagues to push back against the
CCP's oppression of the Tibetan people and vote in favor of the bill,
and I reserve the balance of my time.
Mr. KEATING. Mr. Speaker, I rise in strong support of S. 138, the
Promoting a Resolution to the Tibet-China Dispute Act, and I yield
myself such time as I may consume.
Mr. Speaker, I rise in strong support of S. 138, the Senate companion
bill to the bipartisan House bill, H.R. 533, which the House passed
this February.
My good friend from Massachusetts, Representative McGovern, and
Chairman McCaul introduced H.R. 533, and I was proud to support its
passage out of committee and on the floor last year. I am glad the
Senate has followed suit so we can get to this important legislation
that addresses Beijing's severe and ongoing repression of the Tibetan
people signed into law.
For too long, Beijing has oppressed the Tibetan people and failed to
honor its commitments to engage in meaningful dialogue with the Dalai
Lama and his representatives regarding Tibet's future. We are deeply
concerned by Beijing's systematic efforts to erase the distinct
religious, cultural, linguistic, and historical identity of the Tibetan
people.
In a new effort to stamp out Tibetan identity, Beijing is closing
local schools and uprooting children from their families by placing
them in centralized Chinese boarding schools far from home. This is
effectively preventing Tibetan parents and communities from passing
down their language and heritage to the next generation.
This forced assimilation has raised significant concerns from
multiple U.N. Special Rapporteurs who have warned that these
residential schools function as a large-scale program designed to
integrate Tibetans into the dominant Han culture, violating
international human rights.
While Beijing employs these tactics to suppress Tibetan culture, it
simultaneously propagates disinformation about Tibet and its history.
H.R. 533 calls out Beijing's oppressive tactics and relentless
disinformation campaign. This bill reinforces our unwavering support
for the Tibetan cause and calls on the PRC to engage in genuine
dialogue with Tibetan representatives. It also strengthens the Tibetan
Policy Act of 2002 by enhancing our public diplomacy efforts to counter
PRC disinformation about Tibet.
Mr. Speaker, I encourage my colleagues to join me in supporting this
bill.
Mr. Speaker, I yield 3 minutes to the gentleman from Massachusetts
(Mr. McGovern), who is the ranking member of the House Rules Committee
and the author of H.R. 533.
Mr. McGOVERN. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise in strong support of final passage of the
Promoting a Resolution to the Tibet-China Dispute Act, legislation that
I was proud to have authored.
This House took the lead in considering this bill, passed it with an
overwhelming majority last February, and sent it to the Senate. The
Senate, in its wisdom, changed only one paragraph. So the bill has come
back to this Chamber for final passage.
I thank my incredible co-lead, Foreign Affairs Committee Chairman
McCaul, and Ranking Member Meeks for bringing this bill to the floor
and all of their incredible advocacy on behalf of the Tibetan
community. I welcome the opportunity to shine a light on this
legislation, once more, as we send it on its way to the President's
desk.
It has been more than 60 years since the People's Republic of China
forced the 14th Dalai Lama into exile and took control of Tibet against
the will of the people.
The dispute between the Chinese and the Tibetans over governance of
Tibet has persisted ever since, even though the Dalai Lama and the
Tibetan people have repeatedly expressed their willingness to engage in
dialogue.
Meanwhile, the PRC has done everything it can to erode Tibetan
history, language, culture, and religion, in other words, to erase the
Tibetans as a people.
This bill seeks to end that in the following ways: one, by explicitly
recognizing that the Tibetan people are a people with a distinct
religious, cultural, linguistic, and historical identity; two, by
reminding everyone concerned that the Tibetan people have a right to
self-determination under international human rights law; and three, by
requiring the U.S. Government to actively counter the PRC's propaganda
about Tibet, like the false claim that Tibet has been a part of China
since ancient times, a position that the United States has never
accepted.
With this bill, we hope to restart dialogue between Tibet and China
in keeping with longstanding U.S. policy.
Mr. Speaker, the world is awash in conflict. At the heart of many
conflicts lies the systematic denial of a people's human rights.
The decades-old dispute between Tibet and China started as an armed
conflict of invasion, resistance, and insurgency. In the long run, the
only guarantee against the resumption of violence is for the People's
Republic of China to fully respect the human rights and dignity of the
Tibetan people.
A vote for this bill is a vote to recognize the rights of the Tibetan
people, and it is a vote to insist on resolving the dispute between
Tibet and the People's Republic of China peacefully, in accordance with
international law, through dialogue, and without preconditions.
Mr. Speaker, I urge my colleagues to please join me and the
distinguished chairman of the Foreign Affairs Committee, Mr. McCaul, in
sending these important messages in solidarity with the Tibetan people.
Mr. Speaker, I thank the gentleman from Massachusetts for yielding me
the time.
Mr. KEATING. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I would like to thank the gentleman for his remarks.
There has been no more determined or erstwhile supporter of the Tibetan
people than Representative McGovern. I thank him for his longstanding
efforts on their behalf which is really our behalf, as well, as a
country.
In closing, Mr. Speaker, for too long, the Tibetan people have
suffered as Beijing systematically works to erase their religious,
cultural, linguistic, and historical identity. The forced assimilation
through centralized Chinese boarding schools and tearing children away
from their families are beyond the pale, and its refusal to engage in
meaningful dialogue with the Dalai Lama since 2010 only highlights
Beijing's blatant disregard for resolving the Tibetan question.
This is an important and timely measure, and I thank Senator Merkley,
Representative McGovern, Chairman McCaul, and all those individuals
involved in getting this bill to the finish line. I also want to extend
my gratitude to Speaker Emerita Nancy Pelosi for her unwavering support
of this bill and principled conviction to hold the PRC accountable for
its human rights violations.
Mr. Speaker, I hope my colleagues will join with all of us in
supporting this important bill, and I yield back the balance of my
time.
Mr. McCAUL. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, this body has always stood for the principles of free
speech, independence, and individual liberties. I thank my dear and
good friend, Mr. McGovern, for his efforts on this important
legislation, as well as Ranking Member Meeks and Representative Bill
Keating who worked with me to advance this bipartisan bill.
We are always strongest when we speak with one voice as one nation in
support of freedom and democracy. Tibet has a rich, peaceful heritage
that the CCP attempted to erase when they
[[Page H3704]]
invaded it in 1950, but they have failed. Their attempts to quash this
vibrant history have failed because of the resilience of the Tibetan
people.
The U.S. strongly condemns all CCP oppression and coercion of
Tibetans as well as any CCP involvement in the succession of the Dalai
Lama. Despite the CCP's attempts to erase the history and culture of
Tibet over the last 70-plus years, it still remains vibrant, strong,
and inspirational.
Tibetans, like all people, have the right to religious freedom which
includes freedom from CCP's surveillance, censorship, and detention.
If the CCP truly does respect sovereignty, as it claims to, then they
will engage in peaceful dialogue with the Tibetans to resolve this
conflict, not force Tibet to accept a CCP proposal.
Passing this bill demonstrates America's resolve that the CCP's
status quo in Tibet is not acceptable. I can think of no greater
message or gift to the Dalai Lama and the people of Tibet than the
swift passage of this bill to get to the President's desk as soon
possible to help put the people of Tibet in charge of their own future.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. McCaul) that the House suspend the rules and
pass the bill, S. 138.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. McCAUL. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________