Overview

Title

To impose sanctions with respect to the maritime militia of the People’s Republic of China.

ELI5 AI

The bill wants to create rules to stop certain people from helping China's special ocean group that can be pushy with other countries. The President can stop their things in the U.S., but sometimes there can be exceptions for important safety reasons.

Summary AI

S. 5089 seeks to impose sanctions on entities associated with the maritime militia of the People's Republic of China. These sanctions could be applied to those who materially support or engage with such militias, particularly if they aid in logistics, vessel construction, or coercive activities impacting other nations' maritime rights. The Act allows the President to block transactions involving these foreign adversaries' properties in the United States but provides exceptions for actions related to intelligence and national security. The bill also encourages the US to work with allies to address the challenges posed by the Chinese maritime militia in regions like the South China Sea.

Published

2024-09-18
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-09-18
Package ID: BILLS-118s5089is

Keywords AI

sanctions maritime militia people's republic of china foreign adversary national security president's waiver south china sea international cooperation property transactions intelligence activities

Sources

Bill Statistics

Size

Sections:
2
Words:
1,301
Pages:
7
Sentences:
24

Language

Nouns: 389
Verbs: 91
Adjectives: 81
Adverbs: 7
Numbers: 37
Entities: 60

Complexity

Average Token Length:
4.39
Average Sentence Length:
54.21
Token Entropy:
5.04
Readability (ARI):
29.89

AnalysisAI

General Summary of the Bill

The proposed bill, known as the "Targeting Illicit Disruption and Encroachment in Seas Act of 2024" or "TIDES Act of 2024," aims to address the activities of maritime militias associated with foreign adversaries, specifically the People's Republic of China. The bill empowers the President to impose sanctions on foreign entities that support or engage with these militias. Potential sanctions could involve blocking property transactions within the United States. The legislation also provides the President with the authority to waive sanctions if deemed in the national interest of the United States. Furthermore, it mandates that the Secretary of State report on U.S. efforts to align with allies to counter these activities in strategic maritime regions.

Summary of Significant Issues

The bill presents several significant issues that warrant consideration:

  1. Ambiguity in Definitions: The definition of "foreign adversary" relies on an external regulatory reference, which could lead to confusion or lack of clarity for those interpreting the bill.

  2. Broad Presidential Waiver Authority: The President's authority to waive sanctions based on national interest is expansive and subjective, potentially leading to inconsistent enforcement or unintended avoidance of sanctions.

  3. Lack of Oversight: The bill does not include specific mechanisms for oversight or review of Presidential actions regarding the imposition, waiver, or execution of the sanctions. This absence could raise concerns about accountability and checks and balances.

  4. Delayed Reporting Requirements: The bill requires a report on U.S. engagement with allies only 180 days after enactment, without interim progress updates. This might hinder transparency and timely accountability.

  5. Exceptions to Sanctions: The bill allows exceptions for intelligence, law enforcement, and national security activities. These exceptions could potentially create loopholes that could lessen the sanctions' efficacy.

Impact on the Public and Stakeholders

The bill's broader impact on the public may center on national security and foreign policy concerns. By targeting maritime militia activities perceived as aggressive or undermining stability in key maritime regions, the legislation aims to affirm U.S. commitment to protecting sovereign rights at sea and to prevent potential conflicts.

Impact on Specific Stakeholders:

  1. Government and Policy Makers: The bill vests significant power in the executive branch, allowing for strategic action to be taken against perceived maritime threats. However, issues related to oversight and transparency could challenge efforts to maintain checks and balances.

  2. International Allies: The bill underscores the importance of engaging with international allies in strategic maritime areas. Successful cooperation might lead to stronger diplomatic ties and enhanced security. Conversely, potential delays in accountability reporting could strain relationships if allies perceive a lack of coordination.

  3. Foreign Entities and Adversaries: Entities supporting or collaborating with targeted maritime militias may face significant economic disruptions through blocked transactions and sanctions, potentially deterring such associations.

  4. Intelligence and Security Agencies: With explicit exceptions included for intelligence, law enforcement, and national security, these agencies maintain flexibility in their operations, albeit with potential scrutiny regarding the balance of national security needs and enforcement rigidity.

While the TIDES Act of 2024 seeks to bolster the U.S. stance against illicit maritime activities, its ultimate efficacy will depend on how its provisions are implemented and its impacts are managed within the complex landscape of international relations and national security.

Issues

  • The definition of 'foreign adversary' in Section 2(g)(2) references another regulation (section 791.4(a) of title 15, Code of Federal Regulations), which may create confusion or require additional context for understanding, potentially impacting the bill's clarity and implementation.

  • The President's ability to waive sanctions in Section 2(d) 'in the national interests of the United States' is broad and subjective, which could lead to inconsistent application or avoidance of the intended sanctions impact, raising concerns about accountability.

  • The bill lacks specific provisions for oversight or review of the President’s determinations, waivers, or sanctions as noted in Section 2, raising concerns about checks and balances within the enforcement of the sanctions.

  • The absence of interim reporting requirements in Section 2(f), which mandates a report 180 days post-enactment, could delay transparency and accountability regarding the U.S.'s engagement with allies and partners, potentially affecting actions taken against the maritime militia of the People's Republic of China.

  • The exceptions provided for intelligence, law enforcement, and national security activities in Section 2(c)(1) might create loopholes that could undermine the effectiveness of the proposed sanctions.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill is called the “Targeting Illicit Disruption and Encroachment in Seas Act of 2024,” or simply the “TIDES Act of 2024.”

2. Imposition of sanctions with respect to foreign adversary maritime militia Read Opens in new tab

Summary AI

The bill empowers the President to impose sanctions on foreign entities involved with hostile maritime militias, which could include blocking their property transactions in the U.S. There are exceptions for U.S. intelligence, law enforcement, and national security activities, and the President can waive these sanctions if it's in the national interest.