II 

Calendar No. 367 

118TH CONGRESS 

2D SESSION S. 138 

To amend the Tibetan Policy Act of 2002 to modify certain provisions 

of that Act. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 30, 2023 

Mr. MERKLEY (for himself, Mr. YOUNG, Mr. CARDIN, Mr. BLUMENTHAL, Mr. 

BRAUN, Mr. COONS, Mr. ROMNEY, Ms. SMITH, Mr. KAINE, Mr. RISCH, 

Mr. CRAPO, Mr. VAN HOLLEN, Ms. BUTLER, and Mr. WELCH) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

MAY 7, 2024 

Reported by Mr. CARDIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Tibetan Policy Act of 2002 to modify certain 

provisions of that Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting a Resolu5 tion to the Tibet-China Conflict Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) It has been the long-standing policy of the 

4 United States to encourage meaningful and direct 

5 dialogue between People’s Republic of China au6 thorities and the Dalai Lama or his representatives, 

7 without preconditions, to seek a settlement that re8 solves differences. 

9 (2) Ten rounds of dialogue held between 2002 

10 and 2010 between the People’s Republic of China 

11 authorities and the 14th Dalai Lama’s representa12 tives failed to produce a settlement that resolved dif13 ferences, and the two sides have not met since Janu14 ary 2010. 

15 (3) An obstacle to further dialogue is that the 

16 Government of the People’s Republic of China con17 tinues to impose conditions on His Holiness the 

18 Dalai Lama for a resumption of dialogue, including 

19 a demand that he say that Tibet has been part of 

20 China since ancient times, which the Dalai Lama 

21 has refused to do because it is false. 

22 (4) United States Government statements that 

23 the United States considers Tibet a part of the Peo24 ple’s Republic of China have reflected the reality on 

25 the ground that the Government of the People’s ReVerDate Sep 11 2014 06:20 May 08, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S138.RS S138

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1 public of China has exerted effective control over 

2 Tibet. 

3 (5) The United States Government has never 

4 taken the position that Tibet was a part of China 

5 since ancient times or that the means by which the 

6 Government of the People’s Republic of China came 

7 to exert effective control over Tibet was consistent 

8 with international law or included the free or mean9 ingful consent of the Tibetan people. 

10 (6) United States Government documents dated 

11 January 9, 1919, June 1, 1944, June 17, 1949, 

12 April 4, 1951, December 3, 1951, March 23, 1961, 

13 and February 14, 1963, listed Tibet as an entity 

14 separate and distinct from China. 

15 (7) Article 1 of the International Covenant on 

16 Civil and Political Rights and Article 1 the Inter17 national Covenant on Economic, Social and Cultural 

18 Rights provide that ‘‘All peoples have the right of 

19 self-determination. By virtue of that right they freely 

20 determine their political status and freely pursue 

21 their economic, social and cultural development.’’. 

22 (8) Under international law, including United 

23 Nations General Assembly Resolution 2625, the 

24 right to self-determination is the right of a people to 

25 determine its own destiny and the exercise of this 


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1 right can result in a variety of outcomes ranging 

2 from independence, federation, protection, some 

3 form of autonomy or full integration within a State. 

4 (9) United Nations General Assembly Resolu5 tion 1723, adopted on December 20, 1961, called for 

6 the ‘‘cessation of practices which deprive the Tibetan 

7 people of their fundamental human rights and free8 doms, including their right to self-determination.’’. 

9 (10) In a December 30, 1950, note to the Gov10 ernments of the United Kingdom and India, the De11 partment of State wrote that ‘‘The United States, 

12 which was one of the early supporters of the prin13 ciple of self-determination of peoples, believes that 

14 the Tibetan people has the same inherent right as 

15 any other to have the determining voice in its polit16 ical destiny. It is believed further that, should devel17 opments warrant, consideration could be given to 

18 recognition of Tibet as an independent State.’’. 

19 (11) In a June 2, 1951, telegram to the United 

20 States Embassy in New Delhi, the State Depart21 ment wrote that Tibet should not ‘‘be compelled by 

22 duress [to] accept [the] violation [of] its autonomy’’ 

23 and that the Tibetan people should ‘‘enjoy certain 

24 rights [of] self-determination, commensurate with 


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1 [the] autonomy Tibet has maintained since [the] 

2 Chinese revolution.’’. 

3 (12) Secretary of State Antony Blinken, in a 

4 May 26, 2022, speech entitled ‘‘The Administra5 tion’s Approach to the People’s Republic of China,’’ 

6 said that the rules-based international order’s 

7 ‘‘founding documents include the UN Charter and 

8 the Universal Declaration of Human Rights, which 

9 enshrined concepts like self-determination, sov10 ereignty, the peaceful settlement of disputes. These 

11 are not Western constructs. They are reflections of 

12 the world’s shared aspirations.’’. 

13 (13) The Tibetan Policy Act of 2002 (22 

14 U.S.C. 6901 note), in directing the United States 

15 Government ‘‘to promote the human rights and dis16 tinct religious, cultural, linguistic, and historical 

17 identity of the Tibetan people’’ acknowledges that 

18 the Tibetan people possess a distinct religious, cul19 tural, linguistic, and historical identity. 

20 (14) Department of State reports on human 

21 rights and religious freedom have consistently docu22 mented repression by the People’s Republic of China 

23 authorities against Tibetans as well as acts of defi24 ance and resistance by Tibetan people against the 

25 People’s Republic of China policies. 


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1 (15) Section 355 of the Foreign Relations Au2 thorization Act, Fiscal Years 1992 and 1993 (Public 

3 Law 102–138; 105 Stat. 713) stated that it is the 

4 sense of Congress that— 

5 (A) ‘‘Tibet, including those areas incor6 porated into the Chinese provinces of Sichuan, 

7 Yunnan, Gansu, and Qinghai, is an occupied 

8 country under the established principles of 

9 international law’’; 

10 (B) ‘‘Tibet’s true representatives are the 

11 Dalai Lama and the Tibetan Government in 

12 exile as recognized by the Tibetan people’’; 

13 (C) ‘‘Tibet has maintained throughout its 

14 history a distinctive and sovereign national, cul15 tural, and religious identity separate from that 

16 of China and, except during periods of illegal 

17 Chinese occupation, has maintained a separate 

18 and sovereign political and territorial identity’’; 

19 (D) ‘‘historical evidence of this separate 

20 identity may be found in Chinese archival docu21 ments and traditional dynastic histories, in 

22 United States recognition of Tibetan neutrality 

23 during World War II, and in the fact that a 

24 number of countries including the United 

25 States, Mongolia, Bhutan, Sikkim, Nepal, 


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1 India, Japan, Great Britain, and Russia recog2 nized Tibet as an independent nation or dealt 

3 with Tibet independently of any Chinese gov4 ernment’’; 

5 (E) ‘‘1949–1950, China launched an 

6 armed invasion of Tibet in contravention of 

7 international law’’; 

8 (F) ‘‘it is the policy of the United States 

9 to oppose aggression and other illegal uses of 

10 force by one country against the sovereignty of 

11 another as a manner of acquiring territory, and 

12 to condemn violations of international law, in13 cluding the illegal occupation of one country by 

14 another’’; and 

15 (G) ‘‘numerous United States declarations 

16 since the Chinese invasion have recognized Ti17 bet’s right to self-determination and the ille18 gality of China’s occupation of Tibet.’’. 

19 (16) The joint explanatory statement to accom20 pany division K of the Consolidated Appropriations 

21 Act for Fiscal Year 2023 (Public Law 117–328) 

22 states that ‘‘Funds appropriated by the Act shall not 

23 be used to produce or disseminate documents, maps, 

24 or other materials that recognize or identify Tibet, 

25 including the Tibet Autonomous Region and other 


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1 Tibetan autonomous counties and prefectures, as 

2 part of the PRC until the Secretary of State reports 

3 to the appropriate congressional committees that the 

4 Government of the PRC has reached a final nego5 tiated agreement on Tibet with the Dalai Lama or 

6 his representatives or with democratically elected 

7 leaders of the Tibetan people.’’. 

8 SEC. 3. STATEMENT OF POLICY. 

9 It is the policy of the United States that— 

10 (1) the Tibetan people are a people entitled to 

11 the right of self-determination under international 

12 law, including the International Covenant on Civil 

13 and Political Rights and the International Covenant 

14 on Economic, Social and Cultural Rights and that 

15 their ability to exercise this right is precluded by the 

16 current policies of the People’s Republic of China; 

17 and 

18 (2) the conflict between Tibet and the People’s 

19 Republic of China is unresolved, and that the legal 

20 status of Tibet remains to be determined in accord21 ance with international law. 

22 SEC. 4. SENSE OF CONGRESS. 

23 It is the sense of Congress that— 

24 (1) claims made by officials of the People’s Re25 public of China and the Chinese Communist Party 


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1 that Tibet has been a part of China since ancient 

2 times are historically false; 

3 (2) the Government of the People’s Republic of 

4 China has failed to meet the expectations of the 

5 United States to engage in meaningful dialogue with 

6 the Dalai Lama or his representatives toward a 

7 peaceful settlement of the unresolved conflict be8 tween Tibet and the People’s Republic of China; and 

9 (3) United States public diplomacy efforts 

10 should counter disinformation about Tibet from the 

11 Government of the People’s Republic of China and 

12 the Chinese Communist Party, including 

13 disinformation about the history of Tibet, the Ti14 betan people, and Tibetan institutions including that 

15 of the Dalai Lama. 

16 SEC. 5. MODIFICATIONS TO THE TIBETAN POLICY ACT OF 

17 2002. 

18 (a) TIBET NEGOTIATIONS.—Section 613(b) of the 

19 Tibetan Policy Act of 2002 (22 U.S.C. 6901 note) is 

20 amended— 

21 (1) in paragraph (2), by striking ‘‘and’’ at the 

22 end; 

23 (2) in paragraph (3), by striking the period at 

24 the end and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(4) efforts to counter disinformation about 

2 Tibet from the Government of the People’s Republic 

3 of China and the Chinese Communist Party, includ4 ing disinformation about the history of Tibet, the 

5 Tibetan people, and Tibetan institutions including 

6 that of the Dalai Lama.’’. 

7 (b) UNITED STATES SPECIAL COORDINATOR FOR TI8 BETAN ISSUES.—Section 621(d) of the Tibetan Policy Act 

9 of 2002 (22 U.S.C. 6901 note) is amended— 

10 (1) by redesignating paragraphs (6), (7), and 

11 (8) as paragraphs (7), (8), and (9), respectively; and 

12 (2) by inserting after paragraph (5) the fol13 lowing: 

14 ‘‘(6) work to ensure that United States Govern15 ment statements and documents counter, as appro16 priate, disinformation about Tibet from the Govern17 ment of the People’s Republic of China and the Chi18 nese Communist Party, including disinformation 

19 about the history of Tibet, the Tibetan people, and 

20 Tibetan institutions including that of the Dalai 

21 Lama;’’. 

22 (c) GEOGRAPHIC DEFINITION OF TIBET.—The Ti23 betan Policy Act of 2002 (22 U.S.C. 6901 note) is amend24 ed by adding at the end the following: 


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1 ‘‘SEC. 622. GEOGRAPHIC DEFINITION OF TIBET. 

2 ‘‘In this Act and in implementing policies relating to 

3 the Tibetan people under other provisions of law, the term 

4 ‘Tibet’, unless otherwise specified, means— 

5 ‘‘(1) the Tibet Autonomous Region; and 

6 ‘‘(2) the Tibetan areas of Qinghai, Sichuan, 

7 Gansu, and Yunnan provinces.’’. 

8 SEC. 6. AVAILABILITY OF AMOUNTS TO COUNTER 

9 DISINFORMATION ABOUT TIBET. 

10 Amounts authorized to be appropriated or otherwise 

11 made available to carry out section 201(c) of the Asia Re12 assurance Initiative Act of 2018 (22 U.S.C. 2292 et seq.) 

13 are authorized to be made available to counter 

14 disinformation about Tibet from the Government of the 

15 People’s Republic of China and the Chinese Communist 

16 Party, including disinformation about the history of Tibet, 

17 the Tibetan people, and Tibetan institutions including that 

18 of the Dalai Lama. 

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘Promoting a Resolution 

21 to the Tibet-China Dispute Act’’. 

22 SEC. 2. FINDINGS. 

23 Congress finds the following: 

24 (1) It has been the long-standing policy of the 

25 United States to encourage meaningful and direct 

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1 public of China and the Dalai Lama, his or her rep2 resentatives, or democratically elected leaders of the 

3 Tibetan community, without preconditions, to seek a 

4 settlement that resolves differences. 

5 (2) Nine rounds of dialogue held between 2002 

6 and 2010 between the People’s Republic of China au7 thorities and the 14th Dalai Lama’s representatives 

8 failed to produce a settlement that resolved differences, 

9 and the two sides have held no formal dialogue since 

10 January 2010. 

11 (3) An obstacle to further dialogue is that the 

12 Government of the People’s Republic of China con13 tinues to impose conditions on substantive dialogue 

14 with the Dalai Lama, including a demand that he 

15 say that Tibet has been part of China since ancient 

16 times, which the Dalai Lama has refused to do be17 cause it is inaccurate. 

18 (4) Article 1 of the International Covenant on 

19 Civil and Political Rights and Article 1 of the Inter20 national Covenant on Economic, Social and Cultural 

21 Rights provide, ‘‘All peoples have the right of self-de22 termination. By virtue of that right they freely deter23 mine their political status and freely pursue their eco24 nomic, social and cultural development.’’. 


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1 (5) The United States Government has never 

2 taken the position that Tibet was a part of China 

3 since ancient times. 

4 (6) China signed the International Covenant on 

5 Civil and Political Rights on October 5, 1998, and 

6 ratified the International Covenant on Economic, So7 cial and Cultural Rights on March 27, 2001. 

8 (7) Under international law, including United 

9 Nations General Assembly Resolution 2625, the right 

10 to self-determination is the right of a people to deter11 mine its own destiny and the exercise of this right 

12 can result in a variety of outcomes ranging from 

13 independence, federation, protection, some form of au14 tonomy, or full integration within a State. 

15 (8) United Nations General Assembly Resolution 

16 1723, adopted on December 20, 1961, called for the 

17 ‘‘cessation of practices which deprive the Tibetan peo18 ple of their fundamental human rights and freedoms, 

19 including their right to self-determination’’. 

20 (9) Secretary of State Antony Blinken, in a May 

21 26, 2022, speech entitled ‘‘The Administration’s Ap22 proach to the People’s Republic of China’’, said that 

23 the rules-based international order’s ‘‘founding docu24 ments include the UN Charter and the Universal Dec25 laration of Human Rights, which enshrined concepts 


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1 like self-determination, sovereignty, the peaceful settle2 ment of disputes. These are not Western constructs. 

3 They are reflections of the world’s shared aspira4 tions.’’. 

5 (10) The Tibetan Policy Act of 2002 (22 U.S.C. 

6 6901 note), as amended by the Tibetan Policy and 

7 Support Act of 2020 (subtitle E of title III of division 

8 FF of Public Law 116–260), in directing the United 

9 States Government ‘‘to promote the human rights and 

10 distinct religious, cultural, linguistic, and historical 

11 identity of the Tibetan people’’ acknowledges that the 

12 Tibetan people possess a distinct religious, cultural, 

13 linguistic, and historical identity. 

14 (11) Department of State reports on human 

15 rights and religious freedom have consistently docu16 mented systematic repression by the authorities of the 

17 People’s Republic of China against Tibetans as well 

18 as acts of defiance and resistance by Tibetan people 

19 against the People’s Republic of China policies. 

20 (12) The Tibetan Policy Act of 2002 (22 U.S.C. 

21 6901 note) specifies that the central objective of the 

22 United States Special Coordinator for Tibetan Issues 

23 is to promote substantive dialogue between the Gov24 ernment of the People’s Republic of China and the 


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1 Dalai Lama, his or her representatives, or democrat2 ically elected leaders of the Tibetan community. 

3 SEC. 3. STATEMENT OF POLICY. 

4 It is the policy of the United States— 

5 (1) that the Tibetan people are a people with a 

6 distinct religious, cultural, linguistic, and historical 

7 identity; 

8 (2) that the dispute between Tibet and the Peo9 ple’s Republic of China must be resolved in accord10 ance with international law, including the United 

11 Nations Charter, by peaceful means, through dialogue 

12 without preconditions; 

13 (3) that the People’s Republic of China should 

14 cease its propagation of disinformation about the his15 tory of Tibet, the Tibetan people, and Tibetan institu16 tions, including that of the Dalai Lama; 

17 (4) to encourage the People’s Republic of China 

18 to ratify the International Covenant on Civil and Po19 litical Rights and uphold all its commitments under 

20 the International Covenant on Economic, Social and 

21 Cultural Rights; and 

22 (5) in accordance with the Tibetan Policy and 

23 Support Act of 2020— 

24 (A) to promote substantive dialogue without 

25 pre-conditions, between the Government of the 


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1 People’s Republic of China and the Dalai Lama, 

2 his or her representatives, or democratically 

3 elected leaders of the Tibetan community, or ex4 plore activities to improve prospects for dialogue, 

5 that leads to a negotiated agreement on Tibet; 

6 (B) to coordinate with other governments in 

7 multilateral efforts towards the goal of a nego8 tiated agreement on Tibet; and 

9 (C) to encourage the Government of the Peo10 ple’s Republic of China to address the aspira11 tions of the Tibetan people with regard to their 

12 distinct historical, cultural, religious, and lin13 guistic identity. 

14 SEC. 4. SENSE OF CONGRESS. 

15 It is the sense of Congress that— 

16 (1) claims made by officials of the People’s Re17 public of China and the Chinese Communist Party 

18 that Tibet has been a part of China since ancient 

19 times are historically inaccurate; 

20 (2) the current policies of the People’s Republic 

21 of China are systematically suppressing the ability of 

22 the Tibetan people to preserve their religion, culture, 

23 language, history, way of life, and environment; 

24 (3) the Government of the People’s Republic of 

25 China is failing to meet the expectations of the United 


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1 States to engage in meaningful dialogue with the 

2 Dalai Lama or his representatives or to reach a nego3 tiated resolution that includes the aspirations of the 

4 Tibetan people; and 

5 (4) United States public diplomacy efforts should 

6 counter disinformation about Tibet from the Govern7 ment of the People’s Republic of China and the Chi8 nese Communist Party, including disinformation 

9 about the history of Tibet, the Tibetan people, and Ti10 betan institutions, including that of the Dalai Lama. 

11 SEC. 5. MODIFICATIONS TO THE TIBETAN POLICY ACT OF 

12 2002. 

13 (a) TIBET NEGOTIATIONS.—Section 613(b) of the Ti14 betan Policy Act of 2002 (22 U.S.C. 6901 note) is amend15 ed— 

16 (1) in paragraph (2), by striking ‘‘; and’’ and 

17 inserting a semicolon; 

18 (2) in paragraph (3), by striking the period at 

19 the end and inserting ‘‘; and’’; and 

20 (3) by adding at the end the following new para21 graph: 

22 ‘‘(4) efforts to counter disinformation about Tibet 

23 from the Government of the People’s Republic of 

24 China and the Chinese Communist Party, including 

25 disinformation about the history of Tibet, the Tibetan 


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1 people, and Tibetan institutions, including that of the 

2 Dalai Lama.’’. 

3 (b) UNITED STATES SPECIAL COORDINATOR FOR TI4 BETAN ISSUES.—Section 621(d) of the Tibetan Policy Act 

5 of 2002 (22 U.S.C. 6901 note) is amended— 

6 (1) by redesignating paragraphs (6), (7), and (8) 

7 as paragraphs (7), (8), and (9), respectively; and 

8 (2) by inserting after paragraph (5) the fol9 lowing new paragraph: 

10 ‘‘(6) work with relevant bureaus of the Depart11 ment of State and the United States Agency for Inter12 national Development to ensure that United States 

13 Government statements and documents counter, as 

14 appropriate, disinformation about Tibet from the 

15 Government of the People’s Republic of China and the 

16 Chinese Communist Party, including disinformation 

17 about the history of Tibet, the Tibetan people, and Ti18 betan institutions, including that of the Dalai 

19 Lama;’’. 

20 (c) DEFINITION.—The Tibetan Policy Act of 2002 (22 

21 U.S.C. 6901 note) is amended by adding at the end the fol22 lowing new section: 

23 ‘‘SEC. 622. DEFINITION. 

24 ‘‘For purposes of this Act, the term ‘Tibet’ refers to 

25 the following areas: 


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1 ‘‘(1) The Tibet Autonomous Region. 

2 ‘‘(2) The areas that the Government of the Peo3 ple’s Republic of China designated as Tibetan Auton4 omous, as of 2018, as follows: 

5 ‘‘(A) Kanlho (Gannan) Tibetan Autono6 mous Prefecture, and Pari (Tianzhu) Tibetan 

7 Autonomous County located in Gansu Province. 

8 ‘‘(B) Golog (Guoluo) Tibetan Autonomous 

9 Prefecture, Malho (Huangnan) Tibetan Autono10 mous Prefecture, Tsojang (Haibei) Tibetan Au11 tonomous Prefecture, Tsolho (Hainan) Tibetan 

12 Autonomous Prefecture, Tsonub (Haixi) Mongo13 lian and Tibetan Autonomous Prefecture, and 

14 Yulshul (Yushu) Tibetan Autonomous Prefecture, 

15 located in Qinghai Province. 

16 ‘‘(C) Garze (Ganzi) Tibetan Autonomous 

17 Prefecture, Ngawa (Aba) Tibetan and Qiang Au18 tonomous Prefecture, and Muli (Mili) Tibetan 

19 Autonomous County, located in Sichuan Prov20 ince. 

21 ‘‘(D) Dechen (Diqing) Tibetan Autonomous 

22 Prefecture, located in Yunnan Province.’’. 


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1 SEC. 6. AVAILABILITY OF AMOUNTS TO COUNTER 

2 DISINFORMATION ABOUT TIBET. 

3 Amounts authorized to be appropriated or otherwise 

4 made available under section 346 of the Tibetan Policy and 

5 Support Act of 2020 (subtitle E of title III of division FF 

6 of Public Law 116–260) are authorized to be made available 

7 to counter disinformation about Tibet from the Government 

8 of the People’s Republic of China and the Chinese Com9 munist Party, including disinformation about the history 

10 of Tibet, the Tibetan people, and Tibetan institutions, in11 cluding that of the Dalai Lama. 


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Calendar No. 367 

118TH CONGRESS 

2D SESSION S. 138 

A BILL 

To amend the Tibetan Policy Act of 2002 to modify 

certain provisions of that Act. 

MAY 7, 2024 

Reported with an amendment 


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