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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 616 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
S. RES. 616

Expressing support for the Association of South East Asian Nations, its 
10 member states, Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, 
   the Philippines, Singapore, Thailand, and Vietnam, and the United 
  States-ASEAN Special Summit in Washington, DC, and reaffirming the 
    commitment of the United States to continue to remain a strong, 
           reliable, and active partner in the ASEAN region.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 5, 2022

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

_______________________________________________________________________

                               RESOLUTION

 
Expressing support for the Association of South East Asian Nations, its 
10 member states, Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, 
   the Philippines, Singapore, Thailand, and Vietnam, and the United 
  States-ASEAN Special Summit in Washington, DC, and reaffirming the 
    commitment of the United States to 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 mutual 
        interests for approximately 45 years, having first established dialogue 
        on September 10, 1977, through the Joint Communique of the First ASEAN-
        United States Dialogue and the United States acceded to the Treaty of 
        Amity and Cooperation in Southeast Asia 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 ASEAN member states can help realize the common goals of a 
        free, open, peaceful, and prosperous Indo-Pacific region rooted in a 
        rules-based order that promotes security, opportunity, and dignity to 
        all people;
Whereas ASEAN member states have vibrant economies that have given rise to a 
        flourishing middle class and collectively are predicted to become the 
        fourth-largest economy in the world by 2050;
Whereas, in 2020, the 10 ASEAN member states represented the fifth largest 
        economy in the world and constituted the fourth-largest export market of 
        the United States, with total exports from the United States to ASEAN 
        countries reaching $111,900,000,000;
Whereas ASEAN is the number one destination for United States investment in the 
        Indo-Pacific, with $328,500,000,000 in cumulative foreign direct 
        investment;
Whereas ASEAN member states surround critical global sea lanes, with 
        $5,300,000,000,000 of global trade and more than \1/2\ of the world's 
        total shipped tonnage transiting through the waters of such member 
        states each year;
Whereas the ultimate goal of the ASEAN Economic Community (referred to in this 
        preamble as ``AEC'') is to create one of the largest single market 
        economies in the world 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 has trained more than 20,000 small-to-medium 
        size enterprises, with nearly \1/2\ of the participants being women 
        entrepreneurs;
Whereas the Mekong-U.S. Partnership, established in 2020 to expand upon the 
        Lower Mekong Initiative, promotes sustainable long-term economic 
        development throughout mainland Southeast Asia and fosters regional 
        cooperation, integration, and capacity building;
Whereas the Japan-U.S.-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 2021, the United States announced several additional initiatives to 
        enhance cooperation with ASEAN, including the United States-ASEAN Health 
        Futures, the United States-ASEAN Climate Futures, the United States-
        ASEAN Economic Futures, and the Billions Futures;
Whereas the United States is cooperating with ASEAN member states and providing 
        emergency health assistance to enhance the resilience of such member 
        states in the face of the COVID-19 pandemic, including through the 
        recently announced United States-ASEAN Health Futures program that 
        builds on the more than $3,500,000,000 the United States has invested in 
        global health collaboration with ASEAN member states 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 member states, a key ingredient to maintaining 
        stability, promoting economic growth, and advancing good governance and 
        rule of law;
Whereas the Burmese armed forces conducted an illegitimate coup in 2021, usurped 
        the democratic government of Myanmar, killed hundreds of civilians, and 
        displaced more than 300,000 people;
Whereas the Burmese junta has failed to make meaningful progress on ASEAN's 
        Five-Point Consensus or receive official recognition from ASEAN;
Whereas the United States remains concerned about democratic backsliding and the 
        erosion of protections of fundamental human rights in Southeast Asia;
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 
        maritime commons of the Indo-Pacific region, 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 countries with competing territorial claims to seek peaceful 
        resolution of disputes through collaborative diplomacy and, as 
        necessary, international dispute resolution mechanisms consistent with 
        international law;
Whereas the United States supports the decision of the Government of the 
        Philippines to use arbitration under the United Nations Convention on 
        the Law of the Sea, 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 that 
        represents the interests of all parties and promotes peace and stability 
        in the region surrounding the South China Sea, opposes efforts by any 
        nation to use a code of conduct 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 code of conduct;
Whereas the 20th Southeast Asia Cooperation and Training naval exercises 
        featured more than 400 sailors from 21 countries, built greater maritime 
        security on the strength of ASEAN, strengthened navy-to-navy bonds, and 
        exemplified the shared belief in a free and open Indo-Pacific region;
Whereas the Indo-Pacific Strategy of the United States declares that ``the 
        United States also welcomes a strong and independent ASEAN that leads in 
        Southeast Asia'' and ``endorse[s] ASEAN centrality and support[s] ASEAN 
        in its efforts to deliver sustainable solutions to the region's most 
        pressing challenges'';
Whereas natural disasters in the ASEAN region over the past 4 decades have 
        resulted in major loss and damage, with a disproportionate impact on 
        developing countries;
Whereas the United States will pursue initiatives that are consistent with 
        sustainable long-term economic development, including--

    (1) achievement of food security and poverty alleviation;

    (2) improvement of conservation and sustainable management of forests, 
fish stocks, and oceanic resources;

    (3) resilience to extreme weather events that are increasing in 
frequency and severity; and

    (4) provision of sustainable livelihoods for local communities 
throughout the ASEAN region; and

Whereas, in the invitation for the United States-ASEAN Leaders Summit, President 
        Joseph R. Biden, Jr., stated that ``the United States is committed to 
        ASEAN centrality and remains steadfast in its support for an ASEAN-
        centered regional architecture at the heart of the Indo-Pacific'': Now, 
        therefore, be it
    Resolved, That the Senate--
            (1) welcomes official representatives from the Governments 
        of Brunei, Cambodia, Indonesia, Laos, Malaysia, the 
        Philippines, Singapore, Thailand, and Vietnam to attend the 
        first United States-ASEAN Special Summit in Washington, DC;
            (2) supports the decision of the Association of South East 
        Asian Nations (referred to in this resolution as ``ASEAN'') to 
        invite non-political representatives from Myanmar to high-level 
        ASEAN events and, furthermore, welcomes such non-political 
        representatives to vocalize concerns on behalf of the Burmese 
        people at the United States-ASEAN Special Summit, and refutes 
        any political representation for the Burmese junta;
            (3) supports and affirms the full implementation of the 
        Asia Reassurance Initiative Act of 2018 (Public Law 115-409; 
        132 Stat. 5387 et seq.) with regard to elevating the 
        relationship between the United States and ASEAN, including 
        more than $2,000,000,000 in annual appropriations for foreign 
        assistance and diplomatic operations in the Indo-Pacific 
        region;
            (4) urges the United States-ASEAN Special Summit, scheduled 
        for May 12 and 13, 2022, to prioritize--
                    (A) democracy, good governance, rule of law, and 
                human rights and address the trend of democratic 
                backsliding in Southeast Asia, including the 2021 coup 
                in Myanmar; and
                    (B) the pursuit of a robust economic agenda;
            (5) reaffirms the importance of United States-ASEAN 
        economic engagement, including the elimination of barriers to 
        cross-border commerce, and supports the goals of the ASEAN 
        Economic Community (referred to in this resolution as the 
        ``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 the 
        poorest ASEAN member states;
            (6) 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;
            (7) calls on ASEAN to reaffirm its commitment, consistent 
        with the fundamental principle in the ASEAN Charter and Treaty 
        of Amity and Cooperation, to the sovereignty, independence, 
        unity, and territorial integrity of Ukraine within its 
        internationally recognized borders and call for an immediate 
        ceasefire and the withdrawal of Russian forces from Ukraine;
            (8) 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;
            (9) supports ASEAN member states in addressing maritime and 
        territorial disputes in a constructive manner and in pursuing 
        claims through peaceful, diplomatic, and, as necessary, 
        legitimate regional and international dispute resolution 
        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;
            (10) 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, materiel, 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 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;
            (11) 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;
            (12) 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;
            (13) urges ASEAN member states to develop a common approach 
        to reaffirm the 2016 decision of the Permanent Court of 
        Arbitration in favor of the Philippines in the case against the 
        People's Republic of China for excessive maritime claims;
            (14) 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;
            (15) supports the Mekong-U.S. Partnership, which promotes 
        the stability, peace, prosperity, and sustainable development 
        of the Mekong sub-region through cooperation between countries 
        in the Mekong region and the United States in addressing 
        transboundary challenges;
            (16) 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;
            (17) urges the governments of such member states to engage 
        directly with leaders of civil society and human rights 
        organizations, including advocates of religious freedom, 
        victims of human rights abuses, and environmental groups, to 
        ensure these stakeholders have a voice in constructing public 
        policy;
            (18) encourages the President 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, and safeguarding freedom of the press, 
        freedom of assembly, freedom of religion, and freedom of speech 
        and expression;
            (19) 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;
            (20) 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
            (21) applauds the governments of ASEAN member states that 
        have fully upheld and implemented all United Nations Security 
        Council resolutions and international agreements with respect 
        to nuclear and ballistic missile programs in North Korea, and 
        encourages all other governments of such member states to do 
        the same.
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