A 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.

III 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, pros- perity, and peace in Southeast Asia, and expressing the sense of the Senate that the United States will continue VerDate Sep 11 2014 21:31 Jan 01, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\SR406.ATS SR406 pamtmann on DSKBC07HB2PROD with BILLS 2 SRES 406 ATS 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 iden- tify with an ethnicity represented in ASEAN; Whereas the United States and ASEAN have been cooper- ating to advance our mutual interests for 40 years, hav- ing 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 mis- sion 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, peace- ful, 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 econo- mies 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 VerDate Sep 11 2014 21:31 Jan 01, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\SR406.ATS SR406 pamtmann on DSKBC07HB2PROD with BILLS 3 SRES 406 ATS 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 invest- ment; 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 Commu- nity (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 en- hances 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 devel- opment 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 develop- VerDate Sep 11 2014 21:31 Jan 01, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\SR406.ATS SR406 pamtmann on DSKBC07HB2PROD with BILLS 4 SRES 406 ATS ment’’ and demonstrates the shared commitment of the United States and other Indo-Pacific nations to strength- en 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 Cit- ies Partnership, the ASEAN Policy Implementation Project, and the United States-ASEAN Innovation Cir- cle; Whereas the United States is cooperating with ASEAN mem- ber 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 na- tions 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 sta- bility, 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 navi- gation and overflight, open access to the Indo-Pacific re- gion’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 VerDate Sep 11 2014 21:31 Jan 01, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\SR406.ATS SR406 pamtmann on DSKBC07HB2PROD with BILLS 5 SRES 406 ATS China in the South China Sea, and urges all claimants with competing territorial claims to seek peaceful resolu- tion of disputes through collaborative diplomacy and, as necessary, international arbitration mechanisms con- sistent 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 par- ties and promotes peace and stability in the region, op- poses 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 dis- puted areas in the South China Sea, and encourages ASEAN countries to adopt a unified position in negoti- ating the COC; Whereas the ASEAN-United States Maritime Exercise (AUXM), which ran from September 2–6, 2019, and fea- tured 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 dam- age, with a disproportionate impact on developing coun- tries, and the United States will pursue initiatives that VerDate Sep 11 2014 21:31 Jan 01, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6300 E:\BILLS\SR406.ATS SR406 pamtmann on DSKBC07HB2PROD with BILLS 6 SRES 406 ATS are consistent with sustainable long-term economic devel- opment, including the achievement of food security and poverty alleviation; improvement of conservation and sus- tainable 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 (1) supports and affirms the full implementa- 2 tion of the Asia Reassurance Initiative Act (Public 3 Law 115–409) with regard to elevating the United 4 States relationship with ASEAN; 5 (2) stands with the nations of ASEAN as they 6 respond to COVID–19 and supports greater co- 7 operation in building capacity to prepare for and re- 8 spond to pandemics and other public health chal- 9 lenges; 10 (3) expresses support for rescheduling the 11 United States-ASEAN Special Summit at an appro- 12 priate time, and supports high-level United States 13 participation in the annual ASEAN summit held 14 each November; 15 (4) reaffirms the importance of United States- 16 ASEAN economic engagement, including the elimi- 17 nation of barriers to cross-border commerce, and 18 supports the ASEAN Economic Community’s (AEC) 19 VerDate Sep 11 2014 21:31 Jan 01, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\SR406.ATS SR406 pamtmann on DSKBC07HB2PROD with BILLS 7 SRES 406 ATS goals, including strong, inclusive, and sustainable 1 long-term economic growth and cooperation with the 2 United States that focuses on innovation and capac- 3 ity-building efforts in technology, education, disaster 4 management, food security, human rights, and trade 5 facilitation, particularly for ASEAN’s poorest coun- 6 tries; 7 (5) urges ASEAN to continue its efforts to fos- 8 ter greater integration and unity within the ASEAN 9 community, as well as to foster greater integration 10 and unity with non-ASEAN economic, political, and 11 security partners, including Japan, the Republic of 12 Korea, Australia, the European Union, Taiwan, and 13 India; 14 (6) recognizes the value of strategic economic 15 initiatives like United States-ASEAN Connect, 16 which demonstrates a commitment to ASEAN and 17 the AEC and builds upon economic relationships in 18 the region; 19 (7) supports ASEAN nations in addressing 20 maritime and territorial disputes in a constructive 21 manner and in pursuing claims through peaceful, 22 diplomatic, and, as necessary, legitimate regional 23 and international arbitration mechanisms, consistent 24 with international law, including through the adop- 25 VerDate Sep 11 2014 21:31 Jan 01, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\SR406.ATS SR406 pamtmann on DSKBC07HB2PROD with BILLS 8 SRES 406 ATS tion of a code of conduct in the South China Sea 1 that represents the interests of all parties and pro- 2 motes peace and stability in the region; 3 (8) urges all parties involved in the maritime 4 and territorial disputes in the Indo-Pacific region, 5 including the Government of the People’s Republic 6 of China— 7 (A) to cease any current activities, and 8 avoid undertaking any actions in the future, 9 that undermine stability, or complicate or esca- 10 late disputes through the use of coercion, in- 11 timidation, or military force; 12 (B) to demilitarize islands, reefs, shoals, 13 and other features, and refrain from new ef- 14 forts to militarize, including the construction of 15 new garrisons and facilities and the relocation 16 of additional military personnel, material, or 17 equipment; 18 (C) to oppose actions by any country that 19 prevent other countries from exercising their 20 sovereign rights to the resources in their exclu- 21 sive economic zones (EEZ) and continental 22 shelves by enforcing claims to those areas in the 23 South China Sea that lack support in inter- 24 national law; and 25 VerDate Sep 11 2014 21:31 Jan 01, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\SR406.ATS SR406 pamtmann on DSKBC07HB2PROD with BILLS 9 SRES 406 ATS (D) to oppose unilateral declarations of ad- 1 ministrative and military districts in contested 2 areas in the South China Sea; 3 (9) urges parties to refrain from unilateral ac- 4 tions that cause permanent physical damage to the 5 marine environment, and supports the efforts of the 6 National Oceanic and Atmospheric Administration 7 and ASEAN to implement guidelines to address the 8 illegal, unreported, and unregulated fishing in the 9 region; 10 (10) supports efforts by United States partners 11 and allies in ASEAN— 12 (A) to enhance maritime capability and 13 maritime domain awareness; 14 (B) to protect unhindered access to and 15 use of international waterways in the Indo-Pa- 16 cific region that are critical to ensuring the se- 17 curity and free flow of commerce; 18 (C) to counter piracy; 19 (D) to disrupt illicit maritime trafficking 20 activities such as the trafficking of persons, 21 goods, and drugs; and 22 (E) to enhance the maritime capabilities of 23 countries or regional organizations to respond 24 VerDate Sep 11 2014 21:31 Jan 01, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\SR406.ATS SR406 pamtmann on DSKBC07HB2PROD with BILLS 10 SRES 406 ATS to emerging threats to maritime security in the 1 Indo-Pacific region; 2 (11) urges ASEAN member states to develop a 3 common approach to reaffirm the decision of the 4 Permanent Court of Arbitration’s 2016 ruling in 5 favor of the Republic of the Philippines in the case 6 against the People’s Republic of China’s excessive 7 maritime claims; 8 (12) reaffirms the commitment of the United 9 States to continue joint efforts with ASEAN to halt 10 human smuggling and trafficking in persons, and 11 urges ASEAN to create and strengthen regional 12 mechanisms to provide assistance and support to 13 refugees and migrants; 14 (13) supports the Lower Mekong Initiative, 15 which has led to significant progress in promoting 16 sustainable long-term economic development in 17 mainland Southeast Asia and fostering integrated 18 sub-regional cooperation and capacity building; 19 (14) urges ASEAN to build capacity for the 20 promotion and protection of human rights by 21 ASEAN member states, and the implementation of 22 related priorities, programs, and activities; 23 (15) urges ASEAN governments to engage di- 24 rectly with lead [Text truncated for display. Full text available on Congress.gov.]