119-s363

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 363 Introduced in Senate

    (IS) ]

<DOC>

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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