[118th Congress Public Law 70]
[From the U.S. Government Publishing Office]
[[Page 138 STAT. 1487]]
Public Law 118-70
118th Congress
An Act
To amend the Tibetan Policy Act of 2002 to modify certain provisions of
that Act. <<NOTE: July 12, 2024 - [S. 138]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Promoting a
Resolution to
the Tibet-China Dispute Act.>>
SECTION 1. <<NOTE: 22 USC 6901 note.>> 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
[[Page 138 STAT. 1488]]
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. <<NOTE: 22 USC 6901 note.>> 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,
[[Page 138 STAT. 1489]]
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
[[Page 138 STAT. 1490]]
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
[[Page 138 STAT. 1491]]
disinformation about the history of Tibet, the Tibetan people, and
Tibetan institutions, including that of the Dalai Lama.
Approved July 12, 2024.
LEGISLATIVE HISTORY--S. 138 (H.R. 533):
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CONGRESSIONAL RECORD, Vol. 170 (2024):
May 23, considered and passed Senate.
June 11, 12, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2024):
July 12, Presidential statement.
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