--- kind: "diff" citation: "S. 138" bill: "118-s-138" heading: "Promoting a Resolution to the Tibet-China Dispute Act" from: "rs" from_label: "Reported in Senate" to: "es" to_label: "Engrossed in Senate" sections_amended: 6 sections_added: 0 sections_removed: 0 url: "https://uscodex.org/bills/118/s/138/changes/es" --- # S. 138 — what changed S. 138, Promoting a Resolution to the Tibet-China Dispute Act — 6 sections amended between Reported in Senate and Engrossed in Senate. Edits are marked `struck` and `inserted`. ## Section 1 Short title - This Act may be cited as the “Promoting a Resolution to the Tibet-China Conflict 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 authorities and the Dalai Lama or Lama, his or her representatives, or democratically elected leaders of the Tibetan community, without preconditions, to seek a settlement that resolves differences. - (2) Ten 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 not met 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 His Holiness substantive dialogue with the Dalai Lama for a resumption of dialogue, 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 false.inaccurate. - (4) United States Government statements that the United States considers Tibet a part Article 1 of the People’s Republic International Covenant on Civil and Political Rights and Article 1 of China have reflected the reality International Covenant on the ground that Economic, Social and Cultural Rights provide, “All peoples have the Government right of the People’s Republic self-determination. By virtue of China has exerted effective control over Tibet.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 or that the means by which the Government of the People’s Republic of China came to exert effective control over Tibet was consistent with international law or included the free or meaningful consent of the Tibetan people.times. - (6) United States Government documents dated January 9, 1919, June 1, 1944, June 17, 1949, April 4, 1951, December 3, 1951, March 23, 1961, China signed the International Covenant on Civil and February 14, 1963, listed Tibet as an entity separate Political Rights on October 5, 1998, and distinct from China.ratified the International Covenant on Economic, Social and Cultural Rights on March 27, 2001. - (7) Article 1 of Under international law, including United Nations General Assembly Resolution 2625, the International Covenant on Civil and Political Rights and Article 1 right to self-determination is the International Covenant on Economic, Social right of a people to determine its own destiny and Cultural Rights provide that “All peoples have the exercise of this right can result in a variety of self-determination. By virtue outcomes ranging from independence, federation, protection, some form of that right they freely determine their political status and freely pursue their economic, social and cultural development.”.autonomy, or full integration within a State. - (8) Under international law, including United Nations General Assembly Resolution 2625, the right to self-determination is 1723, adopted on December 20, 1961, called for the right “cessation of a people to determine its own destiny and practices which deprive the exercise Tibetan people of this their fundamental human rights and freedoms, including their right can result in a variety of outcomes ranging from independence, federation, protection, some form of autonomy or full integration within a State.to self-determination”. - (9) United Nations General Assembly Resolution 1723, adopted on December 20, 1961, called for Secretary of State Antony Blinken, in a May 26, 2022, speech entitled “The Administration’s Approach to the “cessation People’s Republic of practices China”, said that the rules-based international order’s “founding documents include the UN Charter and the Universal Declaration of Human Rights, which deprive enshrined concepts like self-determination, sovereignty, the Tibetan people peaceful settlement of their fundamental human rights and freedoms, including their right to self-determination.”.disputes. These are not Western constructs. They are reflections of the world’s shared aspirations.”. - (10) In a December 30, 1950, note to the Governments The Tibetan Policy Act of 2002 (22 U.S.C. 6901 note), as amended by the United Kingdom Tibetan Policy and India, the Department Support Act of State wrote that “The United States, which was one 2020 (subtitle E of the early supporters title III of the principle division FF of self-determination Public Law 116–260), in directing the United States Government “to promote the human rights and distinct religious, cultural, linguistic, and historical identity of peoples, believes the Tibetan people” acknowledges that the Tibetan people has the same inherent right as any other to have the determining voice in its political destiny. It is believed further that, should developments warrant, consideration could be given to recognition of Tibet as an independent State.”.possess a distinct religious, cultural, linguistic, and historical identity. - (11) In a June 2, 1951, telegram to the United States Embassy in New Delhi, the State Department wrote that Tibet should not “be compelled by duress [to] accept [the] violation [of] its autonomy” of State reports on human rights and that 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 should “enjoy certain rights [of] self-determination, commensurate with [the] autonomy Tibet has maintained since [the] Chinese revolution.”.against the People’s Republic of China policies. - (12) Secretary of State Antony Blinken, in a May 26, 2022, speech entitled “The Administration’s Approach to the People’s Republic The Tibetan Policy Act of China,” said 2002 (22 U.S.C. 6901 note) specifies that the rules-based international order's “founding documents include central objective of the UN Charter and United States Special Coordinator for Tibetan Issues is to promote substantive dialogue between the Universal Declaration Government of Human Rights, which enshrined concepts like self-determination, sovereignty, the peaceful settlement People’s Republic of disputes. These are not Western constructs. They are reflections China and the Dalai Lama, his or her representatives, or democratically elected leaders of the world’s shared aspirations.”.Tibetan community. - (13) The Tibetan Policy Act of 2002 (22 U.S.C. 6901 note), 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. - (14) Department of State reports on human rights and religious freedom have consistently documented repression by the People’s Republic of China authorities against Tibetans as well as acts of defiance and resistance by Tibetan people against the People’s Republic of China policies. - (15) Section 355 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102–138; 105 Stat. 713) stated that it is the sense of Congress that— - (A) “Tibet, including those areas incorporated into the Chinese provinces of Sichuan, Yunnan, Gansu, and Qinghai, is an occupied country under the established principles of international law”; - (B) “Tibet’s true representatives are the Dalai Lama and the Tibetan Government in exile as recognized by the Tibetan people”; - (C) “Tibet has maintained throughout its history a distinctive and sovereign national, cultural, and religious identity separate from that of China and, except during periods of illegal Chinese occupation, has maintained a separate and sovereign political and territorial identity”; - (D) “historical evidence of this separate identity may be found in Chinese archival documents and traditional dynastic histories, in United States recognition of Tibetan neutrality during World War II, and in the fact that a number of countries including the United States, Mongolia, Bhutan, Sikkim, Nepal, India, Japan, Great Britain, and Russia recognized Tibet as an independent nation or dealt with Tibet independently of any Chinese government”; - (E) “1949–1950, China launched an armed invasion of Tibet in contravention of international law”; - (F) “it is the policy of the United States to oppose aggression and other illegal uses of force by one country against the sovereignty of another as a manner of acquiring territory, and to condemn violations of international law, including the illegal occupation of one country by another”; and - (G) “numerous United States declarations since the Chinese invasion have recognized Tibet's right to self-determination and the illegality of China's occupation of Tibet.”. - (16) The joint explanatory statement to accompany division K of the Consolidated Appropriations Act for Fiscal Year 2023 (Public Law 117–328) states that “Funds appropriated by the Act shall not be used to produce or disseminate documents, maps, or other materials that recognize or identify Tibet, including the Tibet Autonomous Region and other Tibetan autonomous counties and prefectures, as part of the PRC until the Secretary of State reports to the appropriate congressional committees that the Government of the PRC has reached a final negotiated agreement on Tibet with the Dalai Lama or his representatives or with democratically elected leaders of the Tibetan people.”. ## Sec. 3 Statement of policy - It is the policy of the United States that—States— - (1) that the Tibetan people are a people entitled to the right of self-determination under international law, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights with a distinct religious, cultural, linguistic, and that their ability to exercise this right is precluded by the current policies of the People’s Republic of China; andhistorical identity; - (2) that the conflict dispute between Tibet and the People’s Republic of China is unresolved, and that the legal status of Tibet remains to must be determined resolved in accordance with international law.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 false;inaccurate; - (2) the Government current policies of the People’s Republic of China has failed to meet are systematically suppressing the expectations ability of the United States Tibetan people to engage in meaningful dialogue with the Dalai Lama or his representatives toward a peaceful settlement preserve their religion, culture, language, history, way of the unresolved conflict between Tibet life, and the People’s Republic of China; andenvironment; - (3) 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 is failing to meet the history expectations of Tibet, the Tibetan people, and Tibetan institutions including 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 Dalai Lama.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” at the end;“; 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: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 institutions, including that of the Dalai Lama.” - (b) United States Special Coordinator for Tibetan Issues—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: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 institutions, including that of the Dalai Lama;” - (c) Geographic definition of Tibet—Definition— The Tibetan Policy Act of 2002 (22 U.S.C. 6901 note) is amended by adding at the end the following:following new section: - “622. Geographic definition of TibetDefinition - “In this Act and in implementing policies relating to the Tibetan people under other provisions “For purposes of law, this Act, the term ‘Tibet’, unless otherwise specified, means—Tibet refers to the following areas: - “(1) the The Tibet Autonomous Region; andRegion. - “(2) The areas that the Government of the People’s Republic of China designated as Tibetan areas Autonomous, as of Qinghai, Sichuan, Gansu, and Yunnan provinces.”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 to carry out under section 201(c) 346 of the Asia Reassurance Initiative Tibetan Policy and Support Act of 2018 (22 U.S.C. 2292 et seq.) 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 institutions, including that of the Dalai Lama.