S. 363

119 S363 IS: Stifling Transnational Operations and Proliferators by Mitigating Activities that Drive Narcotics, Exploitation, and Smuggling Sanctions Act
 U.S. Senate
 2025-02-03
 text/xml
 EN
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 II  119th CONGRESS  1st Session  S. 363  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.
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  .
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.
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.
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.
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.
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).
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.