[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5089 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5089
To impose sanctions with respect to the maritime militia of the
People's Republic of China.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18, 2024
Mr. Romney (for himself and Mr. Kaine) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
To impose sanctions with respect to the maritime militia of the
People's Republic of China.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Targeting Illicit Disruption and
Encroachment in Seas Act of 2024'' or the ``TIDES Act of 2024''.
SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN ADVERSARY
MARITIME MILITIA.
(a) In General.--On and after the date that is 90 days after the
date of the enactment of this Act, the President may impose the
sanctions described in subsection (b) with respect to any foreign
adversary entity that the President determines--
(1) has materially contributed to, engaged in, or provided
significant direct or indirect support for--
(A) the maritime militia of a foreign adversary;
(B) the provision of logistical support to such a
militia, including provision of at-sea or at-port
refueling or any other on-shore services, such as
repair and servicing;
(C) the construction of vessels used by such a
militia;
(D) the direction or control of such a militia,
including directing activities that inhibit or coerce
another country from protecting its sovereign rights or
access to vessels or territory under its control; or
(E) other activities that may support, sustain, or
enable the activities of such a militia; or
(2) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services to, or in support of, any person subject to sanctions
pursuant to paragraph (1).
(b) Sanctions Described.--The sanctions described in this
subsection are, notwithstanding section 202 of the International
Emergency Economic Powers Act (50 U.S.C. 1701), the exercise of the
authorities provided to the President under that Act (50 U.S.C. 1701 et
seq.) to the extent necessary to block and prohibit all transactions in
property and interests in property of a foreign adversary entity
subject to subsection (a) if such property or interests in property are
in the United States, come within the United States, or are or come
within the possession or control of a United States person.
(c) Exceptions.--
(1) Exception for intelligence, law enforcement, and
national security activities.--Sanctions under this section
shall not apply to any authorized intelligence, law
enforcement, or national security activities of the United
States.
(2) Exception relating to importation of goods.--
(A) In general.--The authority to impose sanctions
under this section shall not include the authority to
impose sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or manmade
substance, material, supply, or manufactured product,
including inspection and test equipment and excluding
technical data.
(d) Waiver.--The President may waive the application of sanctions
under this section with respect to a foreign adversary entity if the
President determines and reports to Congress that such a waiver is in
the national interests of the United States.
(e) Implementation; Penalties.--
(1) Implementation.--The President may exercise the
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to the extent necessary to carry out this
section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (d) or any regulation, license, or order issued to
carry out that subsection shall be subject to the penalties set
forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) to
the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(f) Engagement With Allies and Partners With Respect to Maritime
Militia of People's Republic of China.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State should
submit to the appropriate congressional committees a report on the
efforts of the United States to engage with foreign allies and partners
with territorial or security interests in the South China Sea, East
China Sea, Philippine Sea, and other maritime areas of interest to
coordinate efforts to counter malign activities of the maritime militia
of the People's Republic of China.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) Foreign adversary.--The term ``foreign adversary''
means a country specified in section 791.4(a) of title 15, Code
of Federal Regulations.
(3) Foreign adversary entity.--The term ``foreign adversary
entity'' means an entity organized under the laws of or
otherwise subject to the jurisdiction of a foreign adversary.
(4) Maritime militia.--The term ``maritime militia'' means
an organized civilian force that--
(A) operates primarily in maritime domains,
including coastal waters, exclusive economic zones, and
international waters, and may use a variety of vessels,
including fishing boats, trawlers, and other commercial
vessels;
(B) is acting under the authority of, or is funded
by, the government of a country; or
(C) is equipped and trained for the purpose of
supporting and advancing the geopolitical or strategic
objectives of that government, including asserting
territorial claims, safeguarding maritime interests of
that country, and conducting activities such as
surveillance, reconnaissance, intelligence gathering,
and logistical support, and may engage in coordinated
activities with naval and other military forces of that
country.
(5) Person.--The term ``person'' means an individual or
entity.
(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;
(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;
or
(C) any person located in the United States.
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