II 118th CONGRESS 2d Session S. 5089 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. 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 . 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.