II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Targeting Illicit Dis5 ruption and Encroachment in Seas Act of 2024’’ or the 

6 ‘‘TIDES Act of 2024’’. 

7 SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO FOR8 EIGN ADVERSARY MARITIME MILITIA. 

9 (a) IN GENERAL.—On and after the date that is 90 

10 days after the date of the enactment of this Act, the PresiVerDate Sep 11 2014 15:46 Sep 21, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5089.IS S5089

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1 dent may impose the sanctions described in subsection (b) 

2 with respect to any foreign adversary entity that the Presi3 dent determines— 

4 (1) has materially contributed to, engaged in, 

5 or provided significant direct or indirect support 

6 for— 

7 (A) the maritime militia of a foreign adver8 sary; 

9 (B) the provision of logistical support to 

10 such a militia, including provision of at-sea or 

11 at-port refueling or any other on-shore services, 

12 such as repair and servicing; 

13 (C) the construction of vessels used by 

14 such a militia; 

15 (D) the direction or control of such a mili16 tia, including directing activities that inhibit or 

17 coerce another country from protecting its sov18 ereign rights or access to vessels or territory 

19 under its control; or 

20 (E) other activities that may support, sus21 tain, or enable the activities of such a militia; 

22 or 

23 (2) has materially assisted, sponsored, or pro24 vided financial, material, or technological support 

25 for, or goods or services to, or in support of, any 


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1 person subject to sanctions pursuant to paragraph 

2 (1). 

3 (b) SANCTIONS DESCRIBED.—The sanctions de4 scribed in this subsection are, notwithstanding section 202 

5 of the International Emergency Economic Powers Act (50 

6 U.S.C. 1701), the exercise of the authorities provided to 

7 the President under that Act (50 U.S.C. 1701 et seq.) 

8 to the extent necessary to block and prohibit all trans9 actions in property and interests in property of a foreign 

10 adversary entity subject to subsection (a) if such property 

11 or interests in property are in the United States, come 

12 within the United States, or are or come within the posses13 sion or control of a United States person. 

14 (c) EXCEPTIONS.— 

15 (1) EXCEPTION FOR INTELLIGENCE, LAW EN16 FORCEMENT, AND NATIONAL SECURITY ACTIVI17 TIES.—Sanctions under this section shall not apply 

18 to any authorized intelligence, law enforcement, or 

19 national security activities of the United States. 

20 (2) EXCEPTION RELATING TO IMPORTATION OF

21 GOODS.— 

22 (A) IN GENERAL.—The authority to im23 pose sanctions under this section shall not in24 clude the authority to impose sanctions on the 

25 importation of goods. 


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1 (B) GOOD DEFINED.—In this paragraph, 

2 the term ‘‘good’’ means any article, natural or 

3 manmade substance, material, supply, or manu4 factured product, including inspection and test 

5 equipment and excluding technical data. 

6 (d) WAIVER.—The President may waive the applica7 tion of sanctions under this section with respect to a for8 eign adversary entity if the President determines and re9 ports to Congress that such a waiver is in the national 

10 interests of the United States. 

11 (e) IMPLEMENTATION; PENALTIES.— 

12 (1) IMPLEMENTATION.—The President may ex13 ercise the authorities provided to the President 

14 under sections 203 and 205 of the International 

15 Emergency Economic Powers Act (50 U.S.C. 1702 

16 and 1704) to the extent necessary to carry out this 

17 section. 

18 (2) PENALTIES.—A person that violates, at19 tempts to violate, conspires to violate, or causes a 

20 violation of subsection (d) or any regulation, license, 

21 or order issued to carry out that subsection shall be 

22 subject to the penalties set forth in subsections (b) 

23 and (c) of section 206 of the International Emer24 gency Economic Powers Act (50 U.S.C. 1705) to the 


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1 same extent as a person that commits an unlawful 

2 act described in subsection (a) of that section. 

3 (f) ENGAGEMENT WITH ALLIES AND PARTNERS

4 WITH RESPECT TO MARITIME MILITIA OF PEOPLE’S RE5 PUBLIC OF CHINA.—Not later than 180 days after the 

6 date of the enactment of this Act, the Secretary of State 

7 should submit to the appropriate congressional committees 

8 a report on the efforts of the United States to engage with 

9 foreign allies and partners with territorial or security in10 terests in the South China Sea, East China Sea, Phil11 ippine Sea, and other maritime areas of interest to coordi12 nate efforts to counter malign activities of the maritime 

13 militia of the People’s Republic of China. 

14 (g) DEFINITIONS.—In this section: 

15 (1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional com17 mittees’’ means— 

18 (A) the Committee on Foreign Relations 

19 and the Committee on Banking, Housing, and 

20 Urban Affairs of the Senate; and 

21 (B) the Committee on Foreign Affairs of 

22 the House of Representatives. 

23 (2) FOREIGN ADVERSARY.—The term ‘‘foreign 

24 adversary’’ means a country specified in section 

25 791.4(a) of title 15, Code of Federal Regulations. 


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1 (3) FOREIGN ADVERSARY ENTITY.—The term 

2 ‘‘foreign adversary entity’’ means an entity orga3 nized under the laws of or otherwise subject to the 

4 jurisdiction of a foreign adversary. 

5 (4) MARITIME MILITIA.—The term ‘‘maritime 

6 militia’’ means an organized civilian force that— 

7 (A) operates primarily in maritime do8 mains, including coastal waters, exclusive eco9 nomic zones, and international waters, and may 

10 use a variety of vessels, including fishing boats, 

11 trawlers, and other commercial vessels; 

12 (B) is acting under the authority of, or is 

13 funded by, the government of a country; or 

14 (C) is equipped and trained for the pur15 pose of supporting and advancing the geo16 political or strategic objectives of that govern17 ment, including asserting territorial claims, 

18 safeguarding maritime interests of that country, 

19 and conducting activities such as surveillance, 

20 reconnaissance, intelligence gathering, and 

21 logistical support, and may engage in coordi22 nated activities with naval and other military 

23 forces of that country. 

24 (5) PERSON.—The term ‘‘person’’ means an in25 dividual or entity. 


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1 (6) UNITED STATES PERSON.—The term 

2 ‘‘United States person’’ means— 

3 (A) a United States citizen or an alien law4 fully admitted for permanent residence to the 

5 United States; 

6 (B) an entity organized under the laws of 

7 the United States or any jurisdiction within the 

8 United States, including a foreign branch of 

9 such an entity; or 

10 (C) any person located in the United 

11 States. 

Æ 


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