[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 363 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 363
To impose sanctions with respect to foreign governments that resist
efforts to repatriate their citizens who have unlawfully entered the
United States and foreign governments and foreign persons that
knowingly facilitate unlawful immigration into the United States, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 3, 2025
Mr. Scott of South Carolina (for himself and Mr. Moreno) 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 foreign governments that resist
efforts to repatriate their citizens who have unlawfully entered the
United States and foreign governments and foreign persons that
knowingly facilitate unlawful immigration into the United States, and
for other purposes.
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 ``Stifling Transnational Operations
and Proliferators by Mitigating Activities that Drive Narcotics,
Exploitation, and Smuggling Sanctions Act'' or the ``STOP MADNESS
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) migrants who have unlawfully entered the United
States--
(A) are a threat to national security; and
(B) should be repatriated to their countries of
origin;
(2) if a country of origin resists repatriation of its
citizens that unlawfully entered the United States, that
country should be subject to economic sanctions, denying the
country access to the United States financial system; and
(3) any country, entity, or individual that knowingly
facilitates unlawful immigration into the United States should
be subject to economic sanctions, denying them access to the
United States financial system.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(2) Foreign government.--The term ``foreign government''--
(A) means any governing body or political
organization that exercises control over a foreign
country or a substantial portion of a foreign country;
and
(B) includes--
(i) a ministry, department, agency, or
instrumentality of a body or organization
described in subparagraph (A);
(ii) an official, representative, or other
individual acting on behalf of such a body or
organization, including an individual who holds
a formal or informal role of authority; and
(iii) an entity--
(I) owned or controlled by such a
body or organization; or
(II) that acts on behalf of or is
directed by such a body or
organization.
(3) Foreign person.--The term ``foreign person''--
(A) means an individual or entity that is not a
United States person; and
(B) does not include a foreign government.
(4) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen;
(B) an alien lawfully admitted for permanent
residence to the United States;
(C) an alien lawfully admitted to the United
States, including any alien admitted for temporary
residence, tourism, or employment, or to pursue a
course of study; or
(D) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 4. SENSE OF CONGRESS; STATEMENT OF POLICY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) foreign governments that refuse or obstruct the efforts
of the United States to repatriate their citizens who have
unlawfully entered the United States constitute an unusual and
extraordinary threat to the national security, foreign policy,
and economy of the United States, and pose a national
emergency; and
(2) foreign governments and foreign persons that knowingly
facilitate unlawful immigration into the United States
constitute an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States, and
pose a national emergency.
(b) Statement of Policy.--It is the policy of the United States, in
order to protect the national security of the United States, to apply
economic and other financial sanctions with respect to--
(1) foreign governments that resist efforts to repatriate
their citizens who have unlawfully entered the United States;
and
(2) foreign governments and foreign persons that knowingly
facilitate unlawful immigration into the United States.
SEC. 5. USE OF NATIONAL EMERGENCY AUTHORITIES; REPORTING.
(a) In General.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter until the
date that is 7 years after such date of enactment, the
President shall submit to the appropriate congressional
committees a report on actions taken by the executive branch
pursuant to this Act and any national emergency declared with
respect to the facilitation of unlawful immigration to the
United States, including--
(A) the issuance of any new or revised regulations,
policies, or guidance;
(B) the imposition of sanctions;
(C) the collection of relevant information from
outside parties;
(D) the issuance or termination of general
licenses, specific licenses, and statements of
licensing policy by the Office of Foreign Assets
Control of the Department of the Treasury;
(E) any pending enforcement actions; or
(F) the implementation of mitigation procedures.
(2) Form of report.--Each report required by paragraph (1)
shall be submitted in unclassified form, but may include the
matters required by subparagraphs (C), (D), (E), and (F) of
that paragraph in a classified annex.
SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO EFFORTS TO RESIST
REPATRIATION OR FACILITATE UNLAWFUL IMMIGRATION.
(a) In General.--The President may impose the sanctions described
in subsection (b) with respect to--
(1) any foreign government the President determines
knowingly refuses or obstructs the efforts of the United States
to repatriate its citizens who have unlawfully entered the
United States; and
(2) any foreign government or foreign person the President
determines knowingly facilitates unlawful immigration into the
United States.
(b) Sanctions Described.--The President may, pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
block and prohibit all transactions in property and interests in
property of a foreign government or foreign person described in
subsection (a) if such property and 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) Report Required.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter until the date that is 7
years after such date of enactment, the President shall submit to the
appropriate congressional committees a report on actions taken by the
executive branch with respect to the foreign governments and foreign
persons identified under subsection (a).
SEC. 7. PENALTIES; WAIVERS; EXCEPTIONS.
(a) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this Act or any
regulation, license, or order issued to carry out this Act 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.
(b) National Security Waiver.--The President may waive the
application of sanctions under this Act with respect to a foreign
government or foreign person if the President determines that the
waiver is in the national security interest of the United States.
(c) Exceptions for Intelligence and Law Enforcement Activities.--
This Act shall not apply with respect to--
(1) activities subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.) or any authorized intelligence activities of the United
States; or
(2) activities necessary to carry out or assist law
enforcement activity of the United States.
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