[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1774 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1774
To strengthen United States engagement in the Oceania region and
enhance the security and resilience of allies and partners of the
Oceania community, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2021
Mr. Schatz (for himself and Ms. Murkowski) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To strengthen United States engagement in the Oceania region and
enhance the security and resilience of allies and partners of the
Oceania community, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Honoring Our
Commitment to Elevate America's Neighbor Islands and Allies Act of
2021'' or the ``Honoring OCEANIA Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Statement of policy.
Sec. 3. Oceania strategic roadmap.
Sec. 4. Review of USAID programming in Oceania.
Sec. 5. Oceania development finance strategy.
Sec. 6. Oceania disaster preparedness.
Sec. 7. Oceania infrastructure resilience program.
Sec. 8. Oceania Peace Corps partnerships.
Sec. 9. Oceania Youth Engagement Coordinator.
Sec. 10. Improving health care access for veterans in freely associated
states.
Sec. 11. Public health capacity-building in Oceania.
Sec. 12. Oceania Security Dialogue.
Sec. 13. Oceania Restoration and Hazards Removal Program.
Sec. 14. Report on countering illegal, unreported, and unregulated
fishing in Oceania.
Sec. 15. Oceania maritime security initiative.
Sec. 16. Coordinator for displaced persons.
Sec. 17. Oceania anticorruption program.
Sec. 18. Imposition of sanctions with respect to corruption in Oceania.
Sec. 19. Report on financial intelligence resources of the Department
of the Treasury in Oceania.
Sec. 20. Definitions.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to elevate the countries of Oceania, including the
people and the protection of their cultural, historical, and
environmental resources, as a strategic priority of the United
States Government in all national security and economic
considerations;
(2) to promote civil society, the rule of law, and
democratic governance across Oceania as part of a free and open
Indo-Pacific region;
(3) to broaden and deepen relationships with the Freely
Associated States of the Republic of Palau, the Republic of the
Marshall Islands, and the Federated States of Micronesia
through robust defense, diplomatic, economic, and development
exchanges that promote the goals of individual states and the
entire region;
(4) to work with the governments of Pacific Islands
countries, Australia, France, Japan, New Zealand, the Republic
of Korea, and the United Kingdom to advance shared alliance
goals of the Oceania region concerning health, environmental
protection, disaster resilience and preparedness, illegal,
unreported, and unregulated fishing (commonly referred to as
``IUU fishing''), maritime security, and economic development;
(5) to invest in a whole-of-government United States
strategy that will enhance youth engagement and advance long-
term growth and development throughout Oceania, especially as
it relates to protecting marine resources and fisheries,
addressing the existential global climate crisis, and
strengthening the resilience of countries of the Oceania region
against current and future threats resulting from extreme
weather and severe changes in the environment that pose a
threat to livelihoods, public health, and safety;
(6) to participate, wherever possible and appropriate, in
existing regional organizations and international structures to
support the Boe Declaration on Regional Security and advance
the national security and economic goals of the United States
and countries of the Oceania region;
(7) to deter and combat acts of malign foreign influence
and corruption aimed at undermining the political,
environmental, social, and economic stability of the people and
governments of countries of Oceania;
(8) to improve the local capacity of the countries of
Oceania to address public health challenges and improve global
health security, particularly as it relates to domestic
violence, substance use disorders, obesity, diabetes, and
cardiovascular-related diseases, malnutrition, and endemic
tropical diseases, as well as global pandemic diseases, such as
coronaviruses, influenza viruses, HIV/AIDS, and the Zika virus;
(9) to help the countries of Oceania access market-based
private sector investments that adhere to best practices
regarding transparency, debt sustainability, and environmental
and social safeguards as an alternative to state-directed
investments by authoritarian governments;
(10) to ensure the people and communities of Oceania remain
safe from the risks of old and degrading munitions hazards,
marine plastics, and other marine debris that threaten health
and livelihoods; and
(11) to work cooperatively with all governments in Oceania
to promote the dignified return of all the remains of members
of the United States Armed Forces that are missing in action
from previous conflicts in the Indo-Pacific region.
SEC. 3. OCEANIA STRATEGIC ROADMAP.
(a) Oceania Strategic Roadmap.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a strategic roadmap for
strengthening United States engagement with the countries specified in
subsection (c) to address shared concerns and promote shared goals in
pursuit of security and resiliency for the countries of Oceania.
(b) Elements.--The strategic roadmap required by subsection (a)
shall include the following:
(1) An assessment of the regional goals and concerns shared
by the countries specified in subsection (c), including a
review of issues related to anticorruption, maritime security,
environmental protection, fisheries management, foreign
economic assistance and development, and disaster resilience
and preparedness.
(2) A review of ongoing programs and initiatives by the
governments of the countries specified in subsection (c) and
the United States in pursuit of those shared regional goals and
concerns, including with respect to the issues described in
paragraph (1).
(3) A review of ongoing programs and initiatives by
regional organizations and other related intergovernmental
structures aimed at addressing the issues described in
paragraph (1).
(4) A plan for aligning United States programs and
resources in pursuit of the shared regional goals and concerns
with respect to the issues described in paragraph (1).
(5) Recommendations for additional United States
authorities, personnel, programs, or resources necessary to
execute the strategic roadmap.
(6) Any other elements the Secretary considers appropriate.
(c) Countries Specified.--The countries specified in this
subsection are the following:
(1) Australia.
(2) France.
(3) Japan.
(4) New Zealand.
(5) The Republic of Korea.
(6) The United Kingdom.
SEC. 4. REVIEW OF USAID PROGRAMMING IN OCEANIA.
(a) In General.--The Secretary of State, in coordination with the
Administrator of the United States Agency for International Development
(in this section referred to as ``USAID''), shall include the countries
of Oceania in existing strategic planning and multi-sector program
evaluation processes, including the Department of State's Integrated
Country Strategies and USAID's Country Development Cooperation
Strategies, the Joint Strategic Plan, and the Journey to Self-Reliance
Country Roadmaps.
(b) Programmatic Considerations.--Evaluations and considerations
for countries of Oceania in the program planning and strategic
development processes under subsection (a) should include--
(1) descriptions of the diplomatic and development
challenges of the Indo-Pacific countries of Oceania as those
challenges relate to the strategic, economic, and humanitarian
interests of the United States;
(2) reviews of existing Department of State and USAID
programs to address the diplomatic and development challenges
of those countries evaluated under paragraph (1);
(3) descriptions of the barriers, if any, to increasing
Department of State and USAID programming to countries of
Oceania, including--
(A) the relative income level of the countries of
Oceania relative to other regions where there is high
demand for United States foreign assistance to support
development needs;
(B) the relative capacity of the countries of
Oceania to absorb United States foreign assistance for
diplomatic and development needs through partner
governments and civil society institutions; and
(C) any other factor that the Secretary or
Administrator determines may constitute a barrier to
deploying or increasing United States foreign
assistance to the countries of Oceania;
(4) assessments of the presence of, degree of international
development by, partner country indebtedness to, and political
influence of malign foreign governments, such as the Government
of the People's Republic of China, and non-state actors;
(5) assessments of new foreign economic assistance
modalities that could assist in strengthening United States
foreign assistance in the countries of Oceania, including the
deployment of technical assistance and asset recovery tools to
partner governments and civil society institutions to help
develop the capacity and expertise necessary to achieve self-
sufficiency;
(6) an evaluation of the existing budget and resource
management processes for the mission and work of the Department
of State and USAID with respect to programming in the countries
of Oceania;
(7) an explanation of how the Secretary and the
Administrator will use existing programming processes,
including those with respect to development of an Integrated
Country Strategy, a Country Development Cooperation Strategy,
the Joint Strategic Plan, and the Journey to Self-Reliance
Country Roadmaps, to advance the long-term growth, governance,
economic development, and resilience of the countries of
Oceania; and
(8) any recommendations about appropriate budgetary,
resource management, and programmatic changes necessary to
assist in strengthening United States foreign assistance
programming in the countries of Oceania.
(c) Oceania Defined.--In this section, the term ``Oceania''
includes such independent countries of Oceania as are identified by the
Secretary of State and the Administrator of the United States Agency
for International Development.
SEC. 5. OCEANIA DEVELOPMENT FINANCE STRATEGY.
(a) In General.--The Chief Executive Officer of the United States
International Development Finance Corporation (in this section referred
to as the ``Corporation''), in consultation with the Administrator of
the United States Agency for International Development, shall establish
a strategy for supporting the development goals of the countries of
Oceania using market-based private investment wherever there is
appropriate capacity to absorb private financing.
(b) Purpose.--The purpose of the strategy required by subsection
(a) is to ensure that the United States Government is fully utilizing
existing development finance authorities to support efforts of the
countries of Oceania to access market-based private investment,
including authorities provided under the Better Utilization of
Investments Leading to Development Act of 2018 (22 U.S.C. 9601 et
seq.), and consistent with section 1412(c) of that Act (22 U.S.C.
9612(c)), to support sustainability, resilience, and development.
(c) Objectives.--In developing the strategy required by subsection
(a), the Chief Executive Officer of the Corporation shall consider the
following, to the maximum extent practicable:
(1) How the full range of financing products and technical
assistance tools available to the Corporation can be used to
help counter malign foreign influence in Oceania that entraps
host countries with development projects that result in high
indebtedness and financial imbalance.
(2) How the Corporation can create an investment portfolio
that complements existing United States foreign economic
assistance programs in the countries of Oceania, including
specifically those activities aimed at advancing the long-term
growth, governance, economic development, and resilience of the
countries of Oceania.
(3) How the Corporation can partner with related
institutions of the governments of Australia, New Zealand, and
Japan to maximize the effectiveness of United States financing
products and technical assistance tools to help the countries
of Oceania use market-based investment to advance economic
security as it relates to the development of fifth generation
and future generation telecommunications infrastructure,
undersea cables, and other critical infrastructure and
associated supply chains.
(4) How the Corporation can create an investment portfolio
that minimizes financial risk exposure to the United States
Government while helping to support the sustainable development
goals of the countries of Oceania.
(5) How the capacity of the private sector and economic
constraints of the countries in Oceania may, at times, require
that investment and development are better supported by
government rather than the private sector.
(d) Report.--Not later than March 1, 2022, and annually thereafter,
the Chief Executive Officer of the Corporation shall submit to the
appropriate congressional committees a list of countries for which the
Corporation plans to prioritize support for access to market-based
private investment based on the objectives described in subsection (c)
during the following 12-month period.
(e) Oceania Defined.--In this section, the term ``Oceania''
includes such independent countries of Oceania as are identified by the
Chief Executive Officer of the Corporation and the Administrator of the
United States Agency for International Development.
SEC. 6. OCEANIA DISASTER PREPAREDNESS.
(a) In General.--The Secretary of State shall develop a program to
strengthen the disaster risk reduction and resilience of the countries
of Oceania.
(b) Goals.--The goals of the program required by subsection (a) are
to help the countries of Oceania--
(1) build national first responder capacity to anticipate,
respond to, and recover from natural and man-made disasters;
(2) strengthen end-to-end early warning systems to ensure
the ability of emergency management and first responders to
reach all communities vulnerable to natural and man-made
disasters; and
(3) improve community-based assistance, including through
the development of community action plans, exercises, and
training programs that improve local capacity to deliver first
aid and emergency services.
(c) Interagency Coordination.--In developing the program required
by subsection (a), the Secretary shall review best practices of, and,
where appropriate, collaborate with, other United States Government
agencies to strengthen the disaster risk reduction and resilience of
the countries of Oceania, including--
(1) the Office of Foreign Disaster Assistance of the United
States Agency for International Development;
(2) the Food and Nutrition Service of the Department of
Agriculture;
(3) the Federal Emergency Management Agency of the
Department of Homeland Security;
(4) the Federal Communications Commission;
(5) the National Oceanic and Atmospheric Administration of
the Department of Commerce; and
(6) the United States Coast Guard.
(d) Academic Partnerships.--The Secretary may partner with
institutions of higher education in the United States and affiliated
centers of excellence that have expertise with strengthening disaster
risk reduction and resilience to carry out the program required by
subsection (a).
(e) Report Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on the status of
the program required by subsection (a) in strengthening the
disaster risk reduction and resilience of the countries of
Oceania.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A review of programs that currently exist to
strengthen the disaster risk reduction and resilience
of the countries of Oceania, including with respect to
the programs and activities of regional partners and
organizations to strengthen disaster preparedness and
emergency management, and a description of how those
efforts have been incorporated into the program
required by subsection (a).
(B) An assessment of the challenges with delivering
assistance to the countries of Oceania in support of
the goals described in subsection (b).
(C) Recommendations regarding the funding,
personnel, and related resources required to address
the challenges described in subparagraph (B).
SEC. 7. OCEANIA INFRASTRUCTURE RESILIENCE PROGRAM.
(a) In General.--The Secretary of State, in collaboration with the
Secretary of Transportation, the Chief of Engineers, and the Secretary
of Energy, working through the directors of the national laboratories
of the Department of Energy and the Secretary of the Treasury, shall
develop a program to provide frequent and meaningful technical
assistance to inform the needs assessments and planning of the
countries of Oceania to protect against threats to critical
infrastructure.
(b) Goals.--The goal of the program established under subsection
(a) is to strengthen United States support of the countries of Oceania
in assessing--
(1) existing and forecasted threats to the functionality
and safety of infrastructure resulting from sea-level
fluctuation, salt water intrusion, extreme weather, or other
severe changes in the environment, as well as cyber threats and
any other security risks that disrupt essential services or
threaten public health;
(2) the strategies, designs, and engineering techniques for
reinforcing or rebuilding failing infrastructure in ways that
with withstand and maintain function in light of existing and
forecasted threats to community infrastructure;
(3) rate and sources of deterioration, structural
deficiencies, and most pressing risks to public safety from
aging and failing infrastructure;
(4) priorities for infrastructure improvement,
reinforcement, re-engineering, or replacement based on the
significance of infrastructure to ensuring public health,
safety, and economic growth;
(5) risks associated with the interconnectedness of supply
chains and technology, communications, and financial systems;
and
(6) the policy and governance needed to strengthen critical
infrastructure resilience, including with respect to
infrastructure financing to meet the contemporary needs of
countries in Oceania.
(c) Activities.--To achieve the purpose of the program established
under subsection (a), the Secretary is encouraged to consider the
following activities:
(1) Educational and information sharing with the countries
of Oceania that helps develop the local capacity of government
and civil society leaders to evaluate localized critical
infrastructure risks, interdependencies across systems, and
risk-mitigation solutions.
(2) Technology exchanges that provide the countries of
Oceania with access to proven, cost-effective solutions for
mitigating the risks associated with critical infrastructure
vulnerabilities and related interdependencies.
(3) Financial and budget management and related technical
assistance that provide the countries of Oceania with
additional capacity to access, manage, and service financing
for contemporary infrastructure projects to support the
resilience needs of communities in the Oceania region.
SEC. 8. OCEANIA PEACE CORPS PARTNERSHIPS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Director of the Peace Corps shall submit to
Congress a report on strategies to reasonably and safely expand the
number of Peace Corps volunteers in Oceania, with the goals of--
(1) expanding the presence of the Peace Corps to all
currently feasible locations in Oceania; and
(2) working with regional and international partners of the
United States to expand the presence of Peace Corps volunteers
in low-income Oceania communities in support of climate
resilience initiatives.
(b) Elements.--The report required by subsection (a) shall--
(1) assess the factors contributing to the current absence
of the Peace Corps and its volunteers in Oceania; and
(2) examine potential remedies that include working with
United States Government agencies and regional governments,
including governments of United States allies--
(A) to increase the health infrastructure and
medical evacuation capabilities of the countries of
Oceania to better support the safety of Peace Corps
volunteers while in those countries;
(B) to address physical safety concerns that have
decreased the ability of the Peace Corps to operate in
Oceania; and
(C) to increase transportation infrastructure in
the countries of Oceania to better support the travel
of Peace Corps volunteers and their access to necessary
facilities.
(3) evaluate the potential to expand the deployment of
Peace Corps Response volunteers to help the countries of
Oceania address social, economic, and development needs of
their communities that require specific professional expertise;
and
(4) explore potential new operational models to address
safety and security needs of Peace Corps volunteers in the
countries of Oceania, including--
(A) changes to volunteer deployment durations; and
(B) scheduled redeployment of volunteers to
regional or United States-based healthcare facilities
for routine physical and behavioral health evaluation.
(c) Volunteers in Low-Income Oceania Communities.--
(1) In general.--In examining the potential to expand the
presence of Peace Corps volunteers in low-income Oceania
communities under subsection (a)(3), the Director of the Peace
Corps shall consider the development of initiatives described
in paragraph (2).
(2) Initiatives described.--Initiatives described in this
paragraph are volunteer initiatives that help the countries of
Oceania address social, economic, and development needs of
their communities, including by--
(A) addressing, through appropriate resilience-
based interventions, the vulnerability that communities
in Oceania face as result of extreme weather, severe
environmental change, and other climate related trends;
and
(B) improving, through smart infrastructure
principles, access to transportation and connectivity
infrastructure that will help address the economic and
social challenges that communities in Oceania confront
as a result of poor or nonexistent infrastructure.
SEC. 9. OCEANIA YOUTH ENGAGEMENT COORDINATOR.
(a) Findings.--Congress makes the following findings:
(1) The population of Oceania is young, with an estimated
23 percent of individuals living in the region under the age of
15 years old.
(2) In some of the countries of Oceania, the percentage of
the population under the age of 15 years old is higher than the
regional average, including in the Federated States of
Micronesia (32 percent), Papua New Guinea (36 percent), and the
Republic of the Marshall Islands (39 percent).
(3) Young people, especially young women and girls, in
Oceania are disproportionately impacted by sustainable
development challenges, including challenges with access to
employment, education, health care, and housing, as well as
food, water, and sanitation.
(4) Enhancing United States engagement with young people in
Oceania can strengthen democratic governance and civil society
and increase civic engagement in support of achieving regional
sustainable development goals.
(b) Assignment.--The Deputy Assistant Secretary for the Office of
Public Affairs and Public Diplomacy and Regional and Security of the
Bureau of East Asian and Pacific Affairs of the Department of State
shall serve as the Oceania Youth Engagement Coordinator (in this
section referred to as the ``Coordinator'') to work with the Assistant
Secretary of State for East Asian and Pacific Affairs and the Assistant
Secretary of State for Global Public Affairs regarding youth engagement
matters in Oceania.
(c) Duties.--The Coordinator shall--
(1) ensure that youth engagement in Oceania and supporting
activities are integrated in and coordinated between the
foreign policy initiatives of the Bureau of East Asian and
Pacific Affairs and the Bureau of Global Public Affairs;
(2) ensure that youth engagement opportunities are
developed in support of the programs, activities, and
initiatives authorized under this Act;
(3) advocate for programs to expand Oceania youth
engagement, including through educational and cultural exchange
programs of the Department of State, as well as through country
partnerships and civil society engagement coordinated through
and with the support of the United States missions (including
the chiefs of mission) in the countries of Oceania; and
(4) coordinate Oceania youth engagement with other bureaus
and offices of the Department of State, including, as
appropriate, the United States Agency for International
Development and the United States Mission to the United
Nations.
SEC. 10. IMPROVING HEALTH CARE ACCESS FOR VETERANS IN FREELY ASSOCIATED
STATES.
(a) Demonstration Program.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs,
in coordination with the Secretary of the Interior, shall
commence a demonstration program to provide hospital care,
medical services, and extended care services to veterans
residing in the freely associated states.
(2) Duration.--The Secretary shall carry out the
demonstration program required by paragraph (1) during the 3-
year period beginning on the date of the commencement of the
demonstration program.
(3) Elements.--In carrying out the demonstration program
required by paragraph (1), the Secretary shall--
(A) consult with the Secretary of Defense, the
Secretary of Health and Human Services, the Secretary
of the Interior, the Secretary of State, each
government of the freely associated states, and
nongovernmental organizations as the Secretary
considers appropriate;
(B) emphasize the use of telehealth and provide
education and training using technology-enabled
collaborative learning and capacity-building models to
employees of the Department of Veterans Affairs and, to
the extent practicable, to local health care providers,
responsible for carrying out the demonstration program;
(C) assess the feasibility of providing hospital
care, medical services, and extended care services
through local providers;
(D) conduct a robust outreach program to inform
veterans in the freely associated states about the
demonstration program and the services available under
the demonstration program;
(E) assess the feasibility and advisability of
building clinics or leasing space on military
installations or embassy compounds or in consulate
facilities of the United States in the freely
associated states for the purposes of providing
hospital care, medical services, and extended care
services to veterans; and
(F) submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of
the House of Representatives a report on the findings
of the Secretary with respect to the demonstration
program that includes--
(i) an explanation of how the Secretary
expects to provide continuity of care to
veterans in the freely associated states;
(ii) an assessment of the barriers and
facilitators to providing hospital care,
medical services, and extended care services to
veterans residing in the freely associated
states, including recommendations to facilitate
the provision of such care and services; and
(iii) an estimate of the budgetary
resources required to establish and provide
hospital care, medical services, and extended
care services to veterans in the freely
associated states during the 10-year period
beginning on the date of the submittal of the
report to such committees.
(4) Definitions.--In this subsection:
(A) Freely associated states.--The term ``freely
associated states'' means the Republic of Palau, the
Republic of the Marshall Islands, and the Federated
States of Micronesia, which have each entered into a
Compact of Free Association with the United States.
(B) Veteran.--The term ``veteran'' has the meaning
given such term in section 101 of title 38, United
States Code.
(b) Conditions Under Which Care Is Required To Be Furnished Under
Veterans Community Care Program.--Section 1703(d) of title 38, United
States Code, is amended by adding at the end the following new
paragraph:
``(4) For purposes of paragraph (1)(B), the term `State'
includes the Republic of Palau, the Republic of the Marshall
Islands, and the Federated States of Micronesia, which have
each entered into a Compact of Free Association with the United
States.''.
(c) Hospital Care, Medical Services, and Nursing Home Care
Abroad.--Section 1724 of such title is amended--
(1) in subsection (b)(2)(A), by striking ``or in Canada''
and inserting ``, Canada, or the freely associated states'';
and
(2) by adding at the end, the following new subsection:
``(f) In this section, the term `freely associated states' means
the Republic of Palau, the Republic of the Marshall Islands, and the
Federated States of Micronesia, which have each entered into a Compact
of Free Association with the United States.''.
SEC. 11. PUBLIC HEALTH CAPACITY-BUILDING IN OCEANIA.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Health and Human Services, shall establish a program to
make grants, enter into cooperative agreements, and supplement funds
available under Federal programs administered by agencies other than
the Department of State or the Department of Health and Human Services
to support the governments of the countries of Oceania in building
public health capacity and improving access to care and local health
outcomes.
(b) Authority.--The Secretary of State, in consultation with the
Secretary of Health and Human Services, shall establish eligibility
criteria and a process for providing assistance described in subsection
(a), which shall include the authority--
(1) to make grants and enter into cooperative agreements
with, and supplement other available Federal funds directly to,
the governments of the countries of Oceania in accordance with
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.);
(2) to provide grants to qualified nongovernmental
organizations within the counties of Oceania specialized in
building health capacity and improving access to care and local
health outcomes; and
(3) to provide grants to qualified United States
nongovernmental organizations and institutions of higher
education specialized in building health capacity and improving
access to care and health outcomes in Oceania.
(c) Scope of Assistance.--
(1) In general.--The program established under subsection
(a) shall prioritize assistance aimed at building public health
capacity and improving access to care and health outcomes
related to--
(A) maternal and child morbidity and mortality;
(B) morbidity and mortality from sexually
transmitted infections, HIV/AIDS, tuberculosis,
malaria, and neglected tropical diseases;
(C) morbidity, premature death, and disabilities
from noncommunicable diseases;
(D) gender-based violence;
(E) substance use disorder;
(F) mortality due to epidemics, disasters, and the
impacts from severe weather and environmental change;
(G) access to essential mental, behavioral, and
physical health services and supplies; and
(H) any other health issue that the Secretary of
State, in consultation with the Secretary of Health and
Human Services, determines is necessary to improving
access to care and health outcomes.
(2) Goals.--To support the goals of the program established
under subsection (a), the Secretary may consider incorporating
traditional modalities for improving access to care and health
outcomes, such as--
(A) the use of interactive technology, such as
telehealth;
(B) the deployment of mobile health teams;
(C) indigenous health worker recruitment, training,
and retention activities;
(D) strategies for overcoming the logistics
management challenges posed by vast distances,
geographic isolation, and multinational regulation; and
(E) health promotion and preventive medicine
initiatives.
(d) Report Required.--
(1) In general.--Not later than one year after the
establishment of the program under subsection (a), and annually
thereafter, the Secretary of State, in consultation with the
Secretary of Health and Human Services, shall submit to the
appropriate congressional committees a report on the outcomes
with respect to the efficacy of United States assistance to the
governments of the countries of Oceania in building public
health capacity and improving local health outcomes.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An explanation and review of the methodology
used to determine which activities to fund to achieve
the goals of the program established under subsection
(a).
(B) A description of each grant, cooperative
agreement, or other funding mechanism selected to
support the goals of the program during the year
preceding submission of the report.
(C) An explanation of how, if at all, traditional
modalities for building health capacity and improving
access to care and health outcomes were integrated into
the program, including--
(i) the use of interactive technology, such
as telehealth;
(ii) the deployment of mobile health teams;
(iii) the recruitment, training, and
retention of indigenous health workers;
(iv) strategies for overcoming the
logistics management challenges posed by vast
distances, geographic isolation, and
multinational regulation; and
(v) health promotion and preventive
medicine initiatives.
(D) An assessment of the activities carried out
under the program and their efficacy in achieving the
goals of the program.
(E) A review of how public health capacity and
access to care and health outcomes have improved from
the year preceding the year covered by the report.
(F) An assessment of areas for improvement in
achieving the goals of the program, including
consideration of new modalities for improving health
capacity and outcomes in Oceania.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out the program under
this section.
(2) Period of availability.--Amounts appropriated or
otherwise made available pursuant to the authorization of
appropriations under paragraph (1) shall remain available until
expended.
SEC. 12. OCEANIA SECURITY DIALOGUE.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report on the feasibility and
advisability of establishing a United States-based public-private
sponsored security dialogue (to be known as the ``Oceania Security
Dialogue'') among the countries of Oceania for the purposes of jointly
exploring and discussing issues affecting the economic, diplomatic, and
national security of the countries of Oceania.
(b) Report Required.--The report required by subsection (a) shall,
at a minimum, include the following:
(1) A review of the ability of the Department of State to
participate in a public-private sponsored security dialogue,
including the available expertise, funding, and other resources
available to the Bureau of Educational and Cultural Affairs of
the Department of State.
(2) An assessment of the potential locations for conducting
an Oceania Security Dialogue in the jurisdiction of the United
States.
(3) Consideration of dates for conducting an Oceania
Security Dialogue that would maximize participation of
representatives from the Pacific Islands countries of Oceania
and United States allies that work in support of regional
issues, including the governments of Australia, France, Japan,
New Zealand, the Republic of Korea, and the United Kingdom.
(4) A review of the funding modalities available to the
Department of State to help finance an Oceania Security
Dialogue, including grant-making authorities available to the
Department of State.
(5) An assessment of any administrative, statutory, or
other legal limitations that would prevent the establishment of
an Oceania Security Dialogue with participation and support of
the Department of State as described in subsection (a).
(6) An evaluation of how an Oceania Security Dialogue could
help amplify the issues and work of existing regional
structures and organizations dedicated to the security of the
Oceania region, such as the Pacific Islands Forum and Pacific
Environmental Security Forum.
(7) An analysis of how an Oceania Security Dialogue would
help with implementation of the strategic roadmap required by
section 3 and advance the National Security Strategy of the
United States.
(c) Interagency Consultation.--To the extent practicable, the
Secretary of State may consult with the Secretary of Defense and, where
appropriate, evaluate the lessons learned of the Regional Centers for
Security Studies of the Department of Defense to determine the
feasibility and advisability of establishing a United States-based
public-private Oceania Security Dialogue.
SEC. 13. OCEANIA RESTORATION AND HAZARDS REMOVAL PROGRAM.
(a) In General.--The Secretary of State shall establish an Oceania
Restoration and Hazards Removal Program (in this section referred to as
the ``Program'').
(b) Purpose.--The purpose of the Program is--
(1) to coordinate with the countries of Oceania--
(A) to support survey and clearance operations of
buried and abandoned bombs, mortars, artillery shells,
and unexploded ordnance from battlefields of World War
II; and
(B) to identify, isolate, and, where appropriate,
mitigate environmental risks associated with submerged
maritime vessels that pose a public health or marine
resource threat because of the presence of oil, fuel,
corrosive metals, or other toxins; and
(2) to build the national capacity of the countries of
Oceania to identify, isolate, and mitigate risks related to
explosive ordnance hazards, submerged maritime vessels, or
related hazardous marine debris through survey and disposal
training, funding to nongovernmental organizations, and support
to regional cooperation initiatives with countries that are
partners and allies of the United States, including Australia,
France, Japan, New Zealand, the Republic of Korea, and the
United Kingdom.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall submit to the committees specified in subsection (d) a report on
the Program that includes the following:
(1) An assessment of the risk from surface and subsurface
explosive ordnance hazards, submerged maritime vessels, and
related hazards as determined by the Secretary that exists for
the people of Oceania, including a review of threats to
critical infrastructure, environmental resources, and other
sectors essential to the health, safety, and livelihoods of the
people of Oceania.
(2) A list of the locations where the United States plans
to prioritize mitigation efforts based on the risk assessment
conducted under paragraph (1) to support and fund survey and
clearance operations and enhance national capacity building to
clear hazards or mitigate risks associated with the hazards
identified in paragraph (1).
(3) A description of the survey and removal activities and
national capacity building initiatives conducted during the
year preceding submission of the report, including an
explanation of how those activities and initiatives aligned
with the activities and initiatives of countries that are
partners or allies of the United States.
(4) A description of the survey and removal activities and
national capacity building initiatives planned for the year
following the submission of the report, including budgetary and
other resource requirements necessary to conduct those
activities and initiatives during that year.
(5) A description of the United States support provided to
nongovernmental organizations conducting survey and removal
activities in the countries of Oceania.
(d) Committees Specified.--The committees specified in this
subsection are--
(1) the appropriate congressional committees; and
(2) the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of State $1,000,000 for each of fiscal
years 2022 through 2026 to carry out this section.
SEC. 14. REPORT ON COUNTERING ILLEGAL, UNREPORTED, AND UNREGULATED
FISHING IN OCEANIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) many countries of the Oceania region depend on
commercial tuna fisheries as a critical component of their
economies;
(2) the Government of the People's Republic of China has
used its licensed fishing fleet to exert greater influence in
Oceania, but at the same time, its licensed fishing fleet is
also a major contributor to illegal, unreported, and
unregulated fishing (in this section referred to as ``IUU
fishing'') activities;
(3) the sustainability of Oceania's fisheries is threatened
by IUU fishing, which depletes both commercially important fish
stocks and non-targeted species that help maintain the
integrity of the ocean ecosystem;
(4) IUU fishing puts pressure on protected species of
marine mammals, sea turtles, and sea birds, which also
jeopardizes the integrity of the ocean ecosystem;
(5) because IUU fishing goes unrecorded, the loss of
biomass compromises the work of scientists to assess and model
fishery stocks and advise managers on sustainable catch levels;
(6) beyond the damage to living marine resources, IUU
fishing also contributes directly to illegal activity in the
Oceania region, such as food fraud, smuggling, and human
trafficking;
(7) current approaches to IUU fishing enforcement rely on
established methods, such as vessel monitoring systems,
logbooks maintained by government fisheries enforcement
authorities to record the catches landed by fishing vessels,
and corroborating data on catches hand-collected by human
observer programs;
(8) such established methods are imperfect because--
(A) vessels can turn off monitoring systems and
unlicensed vessels do not use them; and
(B) observer coverage is thin and subject to human
error and corruption;
(9) maritime domain awareness technology solutions for
vessel monitoring have gained credibility in recent years and
include systems such as observing instruments deployed on
satellites, crewed and uncrewed air and surface systems,
aircraft, and surface vessels, as well as electronic monitoring
systems on fishing vessels;
(10) maritime domain awareness technologies hold the
promise of significantly augmenting the current IUU fishing
enforcement capacities; and
(11) maritime domain awareness technologies offer an avenue
for addressing key United States national interests, including
those interests related to--
(A) increasing bilateral diplomatic ties with key
allies and partners in the Oceania region;
(B) countering illicit trafficking in arms,
narcotics, and human beings associated with IUU
fishing;
(C) advancing security, long-term growth, and
development in the Oceania region;
(D) supporting ocean conservation objectives;
(E) reducing food insecurity; and
(F) countering attempts by the Government of the
People's Republic of China to grow its influence in the
Oceania region.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Administrator of the National Oceanic and
Atmospheric Administration, the Commandant of the Coast Guard,
and the Secretary of Defense, shall submit to the appropriate
congressional committees a report assessing the use of advanced
maritime domain awareness technology systems to combat IUU
fishing in Oceania.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) a review of the effectiveness of existing
monitoring technologies, including electronic
monitoring systems, to combat IUU fishing;
(B) recommendations for effectively integrating
effective monitoring technologies into a Oceania-wide
strategy for IUU fishing enforcement;
(C) an assessment and recommendations for the
secure and reliable processing of data from such
monitoring technologies, including the security and
verification issues;
(D) the technical and financial capacity of
countries of the Oceania region to deploy and maintain
large-scale use of maritime domain awareness
technological systems for the purposes of combating IUU
fishing and supporting fisheries resource management;
(E) a review of the technical and financial
capacity of regional organizations and international
structures to support countries of the Oceania region
in the deployment and maintenance of large-scale use of
maritime domain awareness technology systems for the
purposes of combating IUU fishing and supporting
fisheries resource management;
(F) an evaluation of the utility of using foreign
assistance, security assistance, and development
assistance provided by the United States to countries
of the Oceania region to support the large-scale
deployment and operations of maritime domain awareness
systems to increase maritime security across the
region; and
(G) an assessment of the role of large-scale
deployment and operations of maritime domain awareness
systems throughout Oceania to supporting United States
economic and national security interests in the Oceania
region, including efforts related to countering IUU
fishing, improving maritime security, and countering
malign foreign influence.
SEC. 15. OCEANIA MARITIME SECURITY INITIATIVE.
(a) In General.--The Secretary of Defense and the Secretary of
Homeland Security shall cooperate to carry out a program in support of
strengthening maritime security partnerships in Oceania using assets of
the Department of Defense and the Department of Homeland Security.
(b) Goals.--The goals of the program developed under subsection (a)
shall be, to the extent practicable--
(1) to enhance interoperability between personnel of the
United States Coast Guard and the United States Navy and the
maritime forces of countries that are allies and partners of
the United States in Oceania;
(2) to strengthen the participation and coordination of the
United States Coast Guard and, where appropriate, the United
States Navy in regional organizations dedicated to coordination
and cooperation in support of Oceania fisheries policies, ocean
conservation, maritime security, and related initiatives;
(3) to strengthen maritime domain awareness, enforcement of
exclusive economic zones, marine environment protection, combat
illegal, unreported, and unregulated fishing, and strengthen
disaster preparedness and resilience;
(4) to mature logistics delivery among the countries of
Oceania to enhance the ability of the Department of Defense and
the Department of Homeland Security to supply remote areas
following extreme weather events and other major natural
disasters;
(5) to increase the presence of United States Coast Guard
personnel and capabilities to support law enforcement, maritime
protection, and capacity-building initiatives in Oceania; and
(6) to conduct research and development and, where
possible, deploy technologies or related capabilities to
countries in the Oceania region that will improve maritime
domain awareness, improve the ability to monitor fisheries and
other marine resources, and strengthen disaster warning and
response.
(c) Strategy Required.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense and the Secretary
of Homeland Security shall jointly submit to Congress a strategy that
includes the following:
(1) A review of ongoing United States efforts to promote
maritime security, environmental protection, and disaster
resilience and preparedness in Oceania.
(2) An assessment of the feasibility and advisability of
routine ports of call by the United States Navy and the Coast
Guard at ports in the countries of Oceania and the Pacific
Islands region.
(3) An assessment of the feasibility and advisability of
expanding shiprider agreements between the United States and
the countries of Oceania and the Pacific Islands region.
(4) An assessment of the feasibility and advisability of
developing joint and multinational exercises focused on
improving combined response and logistics delivery in support
of humanitarian assistance and disaster relief operations.
(5) An assessment of ways to increase the presence of
United States Coast Guard cutters and personnel to the Oceania
region in support of law enforcement, maritime security,
disaster responses, and related goals, including--
(A) a review of challenges related to the
deployment of medium- and long-range cutters, including
personnel and logistical requirements;
(B) a review of budgetary constraints that would
limit the deployment of additional Coast Guard cutters
and resources to the Oceania region; and
(C) any other considerations that the Secretary of
Homeland Security, in coordination with the Commandant
of the Coast Guard, considers important to assessing
ways to increase the presence of United States Coast
Guard cutters and personnel to the Oceania region.
SEC. 16. COORDINATOR FOR DISPLACED PERSONS.
(a) In General.--The Secretary of State shall be responsible for
ensuring that the United States Government, in collaboration with
allies and partners of the United States and intergovernmental
organizations, is reasonably prepared to provide support to people
residing in countries in the Oceania region that may become permanently
displaced as a result of severe weather or extreme changes in the
environment, including sea-level fluctuation, salt water intrusion, or
changes in precipitation.
(b) Coordinator.--The Deputy Assistant Secretary for Australia, New
Zealand, and the Pacific Islands of the Bureau of East Asian and
Pacific Affairs of the Department of State shall--
(1) serve as the Coordinator for Displaced Persons in the
Oceania Region (in this section referred to as the
``Coordinator''); and
(2) be responsible for working with the Assistant Secretary
of State for East Asian and Pacific Affairs, the Assistant
Secretary of State for Population, Refugees, and Migration, the
Assistant to the Administrator in the Bureau for Humanitarian
Assistance at the United States Agency for International
Development, and the United States Representative to the United
Nations regarding matters concerning the displacement of
persons in Oceania.
(c) Duties.--The Coordinator shall--
(1) facilitate a whole-of-government approach to reasonably
anticipate and respond to the displaced persons in Oceania;
(2) explore opportunities to collaborate with, and when
appropriate provide direct support to, allies, regional forums,
and intergovernmental organizations to support displaced
persons in Oceania;
(3) review the contributions of the United States to
organizations that support displaced persons in Oceania to
ensure sure that the funding contributes to outcomes that are
consistent with United States Government policies;
(4) advocate for legislative authority, programs, and
funding that are necessary to carry out the United States and
international response to support displaced persons in Oceania;
and
(5) oversee the production of an annual report on the
challenges related to displaced persons in Oceania, including
recommendations to Congress related to requirements for
carrying out the United States and international response to
support displaced persons in Oceania.
(d) Annual Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall submit to the appropriate congressional committees a report that
includes the following:
(1) An assessment of the risks driving the displacement of
persons in the Oceania region, including a projection of the
number of persons that are at risk of being displaced during
the 25-year period after submission of the report based on the
best information available at the time of submission of the
report.
(2) A review of ongoing programs and initiatives by the
governments of Australia, France, Japan, New Zealand, the
Republic of Korea, the United Kingdom, and the United States to
respond to potentially displaced persons in the Oceania region.
(3) An assessment of the efficacy of the programs and
initiatives described in paragraph (2) to mitigate the risks
driving the displacement of persons described in paragraph (1)
and to support displaced persons.
(4) A plan to address any shortfalls in the efficacy of
such programs identified under paragraph (3).
(5) Recommendations related to any legislative authority,
programs, and funding that the Secretary determines are
necessary to carry out the United States and international
response to support displaced persons in Oceania.
SEC. 17. OCEANIA ANTICORRUPTION PROGRAM.
(a) In General.--The Secretary of State shall establish a program
to provide technical and financial assistance to civil society
organizations and governments in Oceania to strengthen the capacity of
civil society and the law enforcement agencies to identify and defeat
acts of corruption that destabilize democratic governments and
undermine the rule of law.
(b) Interagency Coordination.--In establishing the program under
subsection (a), the Secretary of State shall coordinate with the head
of any other Federal agency managing a program or initiative to
strengthen anticorruption, fiscal transparency, economic governance, or
related legal processes in Oceania to ensure policy coherence and unity
of effort.
(c) Required Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall submit to the committees specified in subsection (d) a report
that includes the following:
(1) A list of civil society organizations and governments
in Oceania, and the agencies of those governments, receiving
assistance under the program established under subsection (a).
(2) A description of the activities carried out by those
civil society organizations, governments, and agencies using
that assistance during the year preceding submission of the
report.
(3) The goals and anticipated outcomes of the activities
described in paragraph (2).
(4) The metrics used to evaluate the success of the
activities described in paragraph (2) and the achievement of
the goals and outcomes described in paragraph (3).
(5) A description of what, if any, follow-on activities are
planned to build on the activities described in paragraph (2)
and the preliminary goals for those follow-on activities.
(6) An explanation, as appropriate, of how the activities
described in paragraph (2) complement the programs or projects
of another Federal agency supporting anticorruption, fiscal
transparency, economic governance, or related legal processes
in Oceania.
(d) Committees Specified.--The committees specified in this
subsection are--
(1) the appropriate congressional committees; and
(2) the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of State such sums as may be necessary to
carry out the program established under subsection (a).
SEC. 18. IMPOSITION OF SANCTIONS WITH RESPECT TO CORRUPTION IN OCEANIA.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in coordination with the Secretary of the
Treasury, the Secretary of Defense, the Secretary of Commerce,
the Secretary of Homeland Security, the Attorney General, and
the Director of National Intelligence, shall submit to Congress
a report on the efforts of foreign persons (including foreign
financial institutions) to engage or attempt to engage in acts
of corruption in a country or territory of Oceania.
(2) Elements.--Each report required by paragraph (1) shall
include, for the one-year period preceding submission of the
report--
(A) an identification of each foreign person that
the Secretary of State, in coordination with the
Secretary of the Treasury, the Secretary of Defense,
the Secretary of Commerce, the Secretary of Homeland
Security, the Attorney General, and the Director of
National Intelligence, determines engaged or attempted
to engage, during that period, in an act of corruption
in a country or territory of Oceania;
(B) for each person identified under subparagraph
(A)--
(i) an identification of the country of
origin of the person;
(ii) a description of the act or attempted
act that resulted in the identification of the
person; and
(iii) an identification of any foreign
financial institution that knowingly conducted
a significant transaction with the person
during that period;
(C) an assessment of the capacity of the government
of the country or territory in which the act or
attempted act occurred or would have occurred to
identify actors engaged in corruption, prosecute
anticorruption cases, and enforce existing
anticorruption laws; and
(D) an assessment of the impact the act or
attempted act could have on the national or economic
security of the United States.
(3) Exclusion of certain information.--
(A) Intelligence.--The Secretary of State shall not
disclose the identity of a person in a report submitted
under paragraph (1) if the Director of National
Intelligence determines that such disclosure could
compromise an intelligence operation, activity, source,
or method of the United States.
(B) Law enforcement.--The Secretary of State shall
not disclose the identity of a person in a report
submitted under paragraph (1) if the Attorney General,
in coordination with the head of an appropriate Federal
law enforcement agency, determines that such disclosure
could reasonably be expected--
(i) to compromise the identity of a
confidential source, including a State, local,
or foreign agency or authority or any private
institution that furnished information on a
confidential basis;
(ii) to jeopardize the integrity or success
of an ongoing criminal investigation or
prosecution;
(iii) to endanger the life or physical
safety of any person; or
(iv) to cause substantial harm to physical
property.
(C) Notification required.--If the Director of
National Intelligence makes a determination under
subparagraph (A) or the Attorney General makes a
determination under subparagraph (B), the Director or
the Attorney General, as the case may be, shall notify
Congress of the determination and the reasons for the
determination.
(4) Form of report.--Each report required by paragraph (1)
shall be submitted in unclassified form but may include a
classified annex.
(b) Imposition of Sanctions.--The President shall impose sanctions
pursuant to section 1263 of the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law 114-328; 22
U.S.C. 2656 note) with respect to each foreign person identified in a
report submitted under subsection (a).
(c) Waiver.--The President may waive the imposition of sanctions
under subsection (b) with respect to a foreign person if the
President--
(1) determines that imposing such sanctions with respect to
that person would harm the national security of the United
States; and
(2) submits to Congress a report describing the
determination and the reasons for the determination.
SEC. 19. REPORT ON FINANCIAL INTELLIGENCE RESOURCES OF THE DEPARTMENT
OF THE TREASURY IN OCEANIA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Treasury, in consultation
with the Director of National Intelligence, shall submit to the
Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives a report on the
financial intelligence resources of the Department of the Treasury in
Oceania.
(b) Elements.--The report required by subsection (a) shall
include--
(1) a review of the existing financial intelligence
resources of the Department of the Treasury in Oceania,
including budgetary and manpower resources, that the Department
dedicates to detecting and countering illicit finance activity
and acts of corruption in Oceania;
(2) an assessment of the success of the Department in
countering illicit finance activity and acts of corruption in
Oceania using the resources described in paragraph (1);
(3) an assessment of the ability to the Department to
effectively use and operationalize the financial intelligence
resources of United States allies to help counter illicit
finance activity and acts of corruption in Oceania;
(4) an identification of the resource gaps, including with
respect to budgetary and manpower resources and lack of legal
authorities, that would prevent the Department from supporting
the implementation of the strategic roadmap required by section
3; and
(5) a plan to fill the gaps identified under paragraph (4).
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
SEC. 20. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(2) Foreign financial institution.--
(A) In general.--Except as provided in subparagraph
(B), the term ``foreign financial institution'' means
any foreign entity that is engaged in the business of
accepting deposits, making, granting, transferring,
holding, or brokering loans or credits, or purchasing
or selling foreign exchange, securities, commodity
futures or options, or procuring purchasers and sellers
thereof, as principal or agent, including--
(i) a depository institution;
(ii) a bank;
(iii) a savings bank;
(iv) a money service business;
(v) a trust company;
(vi) a securities broker or dealer;
(vii) a commodity futures and options
broker or dealer;
(viii) a forward contract or foreign
exchange merchant;
(ix) a securities or commodities exchange;
(x) a clearing corporation;
(xi) an investment company;
(xii) an employee benefit plan;
(xiii) a dealer in precious metals, stones,
or jewels; and
(xiv) any holding company, affiliate, or
subsidiary of an entity specified in any
clauses (i) through (xiii).
(B) Exceptions.--The term ``foreign financial
institution'' does not include--
(i) an international financial institution,
as defined in section 1701(c) of the
International Financial Institutions Act (22
U.S.C. 262r(c));
(ii) the International Fund for
Agricultural Development;
(iii) the North American Development Bank;
or
(iv) any other international financial
institution specified by the Office of Foreign
Assets Control of the Department of the
Treasury.
(3) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(4) Knowingly.--The term ``knowingly'' with respect to
conduct, a circumstance, or a result, means that a person had
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) Oceania.--Except as provided in sections 4 and 5, the
term ``Oceania'' may include the following:
(A) Easter Island of Chile.
(B) Fiji.
(C) French Polynesia of France.
(D) Kiribati.
(E) New Caledonia of France.
(F) Nieu of New Zealand.
(G) Papua New Guinea.
(H) Samoa.
(I) Vanuatu.
(J) The Ashmore and Cartier Islands of Australia.
(K) The Cook Islands of New Zealand.
(L) The Coral Islands of Australia.
(M) The Federated States of Micronesia.
(N) The Norfolk Island of Australia.
(O) The Pitcairn Islands of the United Kingdom.
(P) The Republic of the Marshal Islands.
(Q) The Republic of Palau.
(R) The Solomon Islands.
(S) Tokelau of New Zealand.
(T) Tonga.
(U) Tuvalu.
(V) Wallis and Futuna of France.
(6) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
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