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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5089 Introduced in Senate (IS)]

<DOC>

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.
                                 <all>
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