[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 406 Agreed to Senate (ATS)]

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116th CONGRESS
  2d Session
S. RES. 406

  Recognizing that for 50 years, the Association of South East Asian 
Nations (ASEAN) and its ten members, Brunei, Cambodia, Indonesia, Laos, 
 Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam, 
 have worked with the United States toward stability, prosperity, and 
 peace in Southeast Asia, and expressing the sense of the Senate that 
   the United States will continue to remain a strong, reliable, and 
                  active partner in the ASEAN region.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 5, 2019

Mr. Menendez (for himself, Mr. Risch, Mr. Markey, Mr. Gardner, and Mr. 
Merkley) submitted the following resolution; which was referred to the 
                     Committee on Foreign Relations

                              June 3, 2020

   Reported by Mr. Risch, with an amendment and an amendment to the 
                                preamble

                            January 1, 2021

       Considered, amended, and agreed to with an amended preamble

_______________________________________________________________________

                               RESOLUTION


 
  Recognizing that for 50 years, the Association of South East Asian 
Nations (ASEAN) and its ten members, Brunei, Cambodia, Indonesia, Laos, 
 Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam, 
 have worked with the United States toward stability, prosperity, and 
 peace in Southeast Asia, and expressing the sense of the Senate that 
   the United States will continue to remain a strong, reliable, and 
                  active partner in the ASEAN region.

Whereas the 10 members of the Association of South East Asian Nations (ASEAN) 
        represent a variety of different cultures and beliefs;
Whereas an estimated 7,000,000 United States citizens identify with an ethnicity 
        represented in ASEAN;
Whereas the United States and ASEAN have been cooperating to advance our mutual 
        interests for 40 years, having first established dialogue relations on 
        September 10, 1977, through the 1977 Joint Communique of the First 
        ASEAN-United States Dialogue and the United States' accession to the 
        Treaty of Amity and Cooperation in Southeast Asia (TAC) at the ASEAN 
        Post Ministerial Conference Session in Thailand on July 22, 2009;
Whereas the United States was the first non-ASEAN country to appoint an 
        ambassador to ASEAN on April 29, 2008, and the first non-member to 
        establish a permanent mission to ASEAN in 2010;
Whereas cooperation between the United States Government and the governments and 
        people of the ASEAN nations can help realize our common goals of a free, 
        open, peaceful, and prosperous Indo-Pacific rooted in a rule-based order 
        that promotes security, opportunity, and dignity to all peoples;
Whereas the member states of ASEAN are all vibrant economies that have given 
        rise to a flourishing middle class and collectively are predicted to 
        become the world's fourth-largest economy by 2050;
Whereas, in 2019, ASEAN's 10 members represented the sixth largest economy in 
        the world and constitute the United States fourth-largest export market, 
        with total United States exports to ASEAN countries reaching 
        $116,200,000,000;
Whereas ASEAN is the number one destination for United States investment in the 
        Indo-Pacific, with $329,000,000,000 in cumulative foreign direct 
        investment;
Whereas ASEAN nations surround critical global sea lanes, with 
        $5,300,000,000,000 of global trade and more than half of the world's 
        total shipped tonnage transiting through ASEAN waters each year;
Whereas the ultimate goal of the ASEAN Economic Community (AEC) is to create one 
        of the world's largest single market economies and facilitate the free 
        movement of goods, services, and professionals;
Whereas the United States-ASEAN Single Window custom facilitation system 
        expedites intra-ASEAN trade and enhances the ability of United States 
        businesses to operate in the region;
Whereas the United States-ASEAN Business Alliance for Competitive Small and 
        Medium-Sized Enterprises (SMEs) has trained more than 4,600 small-to-
        medium size enterprises, with nearly half of the participants being 
        women entrepreneurs;
Whereas the Lower Mekong Initiative, established on July 23, 2009, promotes 
        sustainable long-term economic development throughout mainland Southeast 
        Asia and fosters regional cooperation, integration, and capacity 
        building;
Whereas the newly announced Japan-United States Mekong Power Partnership aims to 
        ``promote a more sustainable energy sector and quality energy 
        infrastructure development'' and demonstrates the shared commitment of 
        the United States and other Indo-Pacific nations to strengthen ties with 
        Mekong countries;
Whereas, in 2018 and 2019, the United States announced several additional 
        initiatives to enhance cooperation with ASEAN, including the United 
        States-ASEAN Smart Cities Partnership, the ASEAN Policy Implementation 
        Project, and the United States-ASEAN Innovation Circle;
Whereas the United States is cooperating with ASEAN member states and providing 
        emergency health assistance to enhance their resilience in the face of 
        the COVID-19 pandemic, including through the recently announced United 
        States-ASEAN Health Futures program that builds on the over 
        $3,500,000,000 the United States has invested in global health 
        collaboration with ASEAN nations over the last 20 years;
Whereas the United States remains committed to working with ASEAN to improve the 
        promotion and protection of human rights and fundamental dignity of the 
        people of ASEAN countries, a key ingredient to maintaining stability, 
        promoting economic growth, and advancing good governance;
Whereas the United States opposes all actions and claims that infringe upon the 
        freedom and lawful use of the sea, and has a national interest in 
        ensuring freedom of navigation and overflight, open access to the Indo-
        Pacific region's maritime commons, and respect for international law in 
        the South China Sea;
Whereas the United States is deeply concerned about recent assertive and unsafe 
        behavior by the People's Republic of China in the South China Sea, and 
        urges all claimants with competing territorial claims to seek peaceful 
        resolution of disputes through collaborative diplomacy and, as 
        necessary, international arbitration mechanisms consistent with 
        international law;
Whereas the United States supports the Philippines' decision to use arbitration 
        under the United Nations Convention on the Law of the Sea (UNCLOS), done 
        at Montego Bay December 10, 1982, to peacefully and lawfully address 
        competing claims;
Whereas the United States supports development of a Code of Conduct (COC) that 
        represents the interests of all parties and promotes peace and stability 
        in the region, opposes efforts by any nation to use a COC as a vehicle 
        to limit presence in or lawful use of the South China Sea, encourages 
        claimants not to undertake new or unilateral attempts to change the 
        status quo since the signing of the 2002 Declaration of Conduct, 
        including reclamation activities or administrative measures or controls 
        in disputed areas in the South China Sea, and encourages ASEAN countries 
        to adopt a unified position in negotiating the COC;
Whereas the ASEAN-United States Maritime Exercise (AUXM), which ran from 
        September 2-6, 2019, and featured over 1,000 sailors from all 11 
        countries, built greater maritime security on the strength of ASEAN, 
        strengthened navy-to-navy bonds, and exemplified our shared belief in a 
        free and open Indo-Pacific; and
Whereas natural disasters in the ASEAN region over the past four decades have 
        resulted in major loss and damage, with a disproportionate impact on 
        developing countries, and the United States will pursue initiatives that 
        are consistent with sustainable long-term economic development, 
        including the achievement of food security and poverty alleviation; 
        improvement of conservation and sustainable management of forests, fish 
        stocks, and oceanic resources; resilience to extreme weather events that 
        are increasing in frequency and severity; and provision of sustainable 
        livelihoods for local communities throughout the ASEAN region: Now, 
        therefore, be it
    Resolved, That the Senate--
            (1) supports and affirms the full implementation of the 
        Asia Reassurance Initiative Act (Public Law 115-409) with 
        regard to elevating the United States relationship with ASEAN;
            (2) stands with the nations of ASEAN as they respond to 
        COVID-19 and supports greater cooperation in building capacity 
        to prepare for and respond to pandemics and other public health 
        challenges;
            (3) expresses support for rescheduling the United States-
        ASEAN Special Summit at an appropriate time, and supports high-
        level United States participation in the annual ASEAN summit 
        held each November;
            (4) reaffirms the importance of United States-ASEAN 
        economic engagement, including the elimination of barriers to 
        cross-border commerce, and supports the ASEAN Economic 
        Community's (AEC) goals, including strong, inclusive, and 
        sustainable long-term economic growth and cooperation with the 
        United States that focuses on innovation and capacity-building 
        efforts in technology, education, disaster management, food 
        security, human rights, and trade facilitation, particularly 
        for ASEAN's poorest countries;
            (5) urges ASEAN to continue its efforts to foster greater 
        integration and unity within the ASEAN community, as well as to 
        foster greater integration and unity with non-ASEAN economic, 
        political, and security partners, including Japan, the Republic 
        of Korea, Australia, the European Union, Taiwan, and India;
            (6) recognizes the value of strategic economic initiatives 
        like United States-ASEAN Connect, which demonstrates a 
        commitment to ASEAN and the AEC and builds upon economic 
        relationships in the region;
            (7) supports ASEAN nations in addressing maritime and 
        territorial disputes in a constructive manner and in pursuing 
        claims through peaceful, diplomatic, and, as necessary, 
        legitimate regional and international arbitration mechanisms, 
        consistent with international law, including through the 
        adoption of a code of conduct in the South China Sea that 
        represents the interests of all parties and promotes peace and 
        stability in the region;
            (8) urges all parties involved in the maritime and 
        territorial disputes in the Indo-Pacific region, including the 
        Government of the People's Republic of China--
                    (A) to cease any current activities, and avoid 
                undertaking any actions in the future, that undermine 
                stability, or complicate or escalate disputes through 
                the use of coercion, intimidation, or military force;
                    (B) to demilitarize islands, reefs, shoals, and 
                other features, and refrain from new efforts to 
                militarize, including the construction of new garrisons 
                and facilities and the relocation of additional 
                military personnel, material, or equipment;
                    (C) to oppose actions by any country that prevent 
                other countries from exercising their sovereign rights 
                to the resources in their exclusive economic zones 
                (EEZ) and continental shelves by enforcing claims to 
                those areas in the South China Sea that lack support in 
                international law; and
                    (D) to oppose unilateral declarations of 
                administrative and military districts in contested 
                areas in the South China Sea;
            (9) urges parties to refrain from unilateral actions that 
        cause permanent physical damage to the marine environment, and 
        supports the efforts of the National Oceanic and Atmospheric 
        Administration and ASEAN to implement guidelines to address the 
        illegal, unreported, and unregulated fishing in the region;
            (10) supports efforts by United States partners and allies 
        in ASEAN--
                    (A) to enhance maritime capability and maritime 
                domain awareness;
                    (B) to protect unhindered access to and use of 
                international waterways in the Indo-Pacific region that 
                are critical to ensuring the security and free flow of 
                commerce;
                    (C) to counter piracy;
                    (D) to disrupt illicit maritime trafficking 
                activities such as the trafficking of persons, goods, 
                and drugs; and
                    (E) to enhance the maritime capabilities of 
                countries or regional organizations to respond to 
                emerging threats to maritime security in the Indo-
                Pacific region;
            (11) urges ASEAN member states to develop a common approach 
        to reaffirm the decision of the Permanent Court of 
        Arbitration's 2016 ruling in favor of the Republic of the 
        Philippines in the case against the People's Republic of 
        China's excessive maritime claims;
            (12) reaffirms the commitment of the United States to 
        continue joint efforts with ASEAN to halt human smuggling and 
        trafficking in persons, and urges ASEAN to create and 
        strengthen regional mechanisms to provide assistance and 
        support to refugees and migrants;
            (13) supports the Lower Mekong Initiative, which has led to 
        significant progress in promoting sustainable long-term 
        economic development in mainland Southeast Asia and fostering 
        integrated sub-regional cooperation and capacity building;
            (14) urges ASEAN to build capacity for the promotion and 
        protection of human rights by ASEAN member states, and the 
        implementation of related priorities, programs, and activities;
            (15) urges ASEAN governments to engage directly with 
        leaders of civil society and human rights, including advocates 
        of religious freedom, victims of human rights abuses, and 
        environmental groups, and to ensure these stakeholders have a 
        voice in constructing public policy;
            (16) encourages the President of the United States to 
        communicate to ASEAN leaders the importance of promoting the 
        rule of law and open and transparent government, strengthening 
        civil society, and protecting human rights, including releasing 
        political prisoners, ceasing politically motivated prosecutions 
        and arbitrary killings, safeguarding freedom of the press, 
        freedom of assembly, freedom of religion, and freedom of speech 
        and expression;
            (17) supports efforts by organizations in ASEAN that 
        address corruption in the public and private sectors, enhance 
        anti-bribery compliance, enforce bribery criminalization in the 
        private sector, and build beneficial ownership transparency 
        through the ASEAN-USAID PROSPECT project partnered with the 
        South East Asia Parties Against Corruption (SEA-PAC);
            (18) supports the Young Southeast Asian Leaders Initiative 
        as an example of a people-to-people partnership that provides 
        skills, networks, and leadership training to a new generation 
        who will create and fill jobs, foster cross-border cooperation 
        and partnerships, and rise to solve the regional and global 
        challenges of the future; and
            (19) applauds the ASEAN governments that have fully upheld 
        and implemented all United Nations Security Council resolutions 
        and international agreements with respect to North Korea's 
        nuclear and ballistic missile programs, and encourages all 
        other ASEAN governments to do the same.
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