II
119THCONGRESS
1
STSESSION 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
FEBRUARY3, 2025
Mr. S
COTTof 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 govern-
ments and foreign persons that knowingly facilitate un-
lawful immigration into the United States, and for other
purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Stifling Transnational 4
Operations and Proliferators by Mitigating Activities that 5
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Drive Narcotics, Exploitation, and Smuggling Sanctions 1
Act’’ or the ‘‘STOP MADNESS Act’’. 2
SEC. 2. SENSE OF CONGRESS. 3
It is the sense of Congress that— 4
(1) migrants who have unlawfully entered the 5
United States— 6
(A) are a threat to national security; and 7
(B) should be repatriated to their countries 8
of origin; 9
(2) if a country of origin resists repatriation of 10
its citizens that unlawfully entered the United 11
States, that country should be subject to economic 12
sanctions, denying the country access to the United 13
States financial system; and 14
(3) any country, entity, or individual that know-15
ingly facilitates unlawful immigration into the 16
United States should be subject to economic sanc-17
tions, denying them access to the United States fi-18
nancial system. 19
SEC. 3. DEFINITIONS. 20
In this Act: 21
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -22
TEES.—The term ‘‘appropriate congressional com-23
mittees’’ means— 24
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(A) the Committee on Banking, Housing, 1
and Urban Affairs of the Senate; and 2
(B) the Committee on Foreign Affairs and 3
the Committee on Financial Services of the 4
House of Representatives. 5
(2) F
OREIGN GOVERNMENT .—The term ‘‘for-6
eign government’’— 7
(A) means any governing body or political 8
organization that exercises control over a for-9
eign country or a substantial portion of a for-10
eign country; and 11
(B) includes— 12
(i) a ministry, department, agency, or 13
instrumentality of a body or organization 14
described in subparagraph (A); 15
(ii) an official, representative, or other 16
individual acting on behalf of such a body 17
or organization, including an individual 18
who holds a formal or informal role of au-19
thority; and 20
(iii) an entity— 21
(I) owned or controlled by such a 22
body or organization; or 23
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(II) that acts on behalf of or is 1
directed by such a body or organiza-2
tion. 3
(3) F
OREIGN PERSON.—The term ‘‘foreign per-4
son’’— 5
(A) means an individual or entity that is 6
not a United States person; and 7
(B) does not include a foreign government. 8
(4) K
NOWINGLY.—The term ‘‘knowingly’’, with 9
respect to conduct, a circumstance, or a result, 10
means that a person has actual knowledge, or should 11
have known, of the conduct, the circumstance, or the 12
result. 13
(5) U
NITED STATES PERSON .—The term 14
‘‘United States person’’ means— 15
(A) a United States citizen; 16
(B) an alien lawfully admitted for perma-17
nent residence to the United States; 18
(C) an alien lawfully admitted to the 19
United States, including any alien admitted for 20
temporary residence, tourism, or employment, 21
or to pursue a course of study; or 22
(D) an entity organized under the laws of 23
the United States or of any jurisdiction within 24
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the United States, including a foreign branch of 1
such an entity. 2
SEC. 4. SENSE OF CONGRESS; STATEMENT OF POLICY. 3
(a) S
ENSE OFCONGRESS.—It is the sense of Con-4
gress that— 5
(1) foreign governments that refuse or obstruct 6
the efforts of the United States to repatriate their 7
citizens who have unlawfully entered the United 8
States constitute an unusual and extraordinary 9
threat to the national security, foreign policy, and 10
economy of the United States, and pose a national 11
emergency; and 12
(2) foreign governments and foreign persons 13
that knowingly facilitate unlawful immigration into 14
the United States constitute an unusual and extraor-15
dinary threat to the national security, foreign policy, 16
and economy of the United States, and pose a na-17
tional emergency. 18
(b) S
TATEMENT OFPOLICY.—It is the policy of the 19
United States, in order to protect the national security 20
of the United States, to apply economic and other finan-21
cial sanctions with respect to— 22
(1) foreign governments that resist efforts to 23
repatriate their citizens who have unlawfully entered 24
the United States; and 25
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(2) foreign governments and foreign persons 1
that knowingly facilitate unlawful immigration into 2
the United States. 3
SEC. 5. USE OF NATIONAL EMERGENCY AUTHORITIES; RE-4
PORTING. 5
(a) I
NGENERAL.—The President may exercise all 6
authorities provided under sections 203 and 205 of the 7
International Emergency Economic Powers Act (50 8
U.S.C. 1702 and 1704) to carry out this Act. 9
(b) R
EPORTREQUIRED.— 10
(1) I
N GENERAL.—Not later than 180 days 11
after the date of the enactment of this Act, and an-12
nually thereafter until the date that is 7 years after 13
such date of enactment, the President shall submit 14
to the appropriate congressional committees a report 15
on actions taken by the executive branch pursuant 16
to this Act and any national emergency declared 17
with respect to the facilitation of unlawful immigra-18
tion to the United States, including— 19
(A) the issuance of any new or revised reg-20
ulations, policies, or guidance; 21
(B) the imposition of sanctions; 22
(C) the collection of relevant information 23
from outside parties; 24
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(D) the issuance or termination of general 1
licenses, specific licenses, and statements of li-2
censing policy by the Office of Foreign Assets 3
Control of the Department of the Treasury; 4
(E) any pending enforcement actions; or 5
(F) the implementation of mitigation pro-6
cedures. 7
(2) F
ORM OF REPORT.—Each report required 8
by paragraph (1) shall be submitted in unclassified 9
form, but may include the matters required by sub-10
paragraphs (C), (D), (E), and (F) of that paragraph 11
in a classified annex. 12
SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO EF-13
FORTS TO RESIST REPATRIATION OR FACILI-14
TATE UNLAWFUL IMMIGRATION. 15
(a) I
NGENERAL.—The President may impose the 16
sanctions described in subsection (b) with respect to— 17
(1) any foreign government the President deter-18
mines knowingly refuses or obstructs the efforts of 19
the United States to repatriate its citizens who have 20
unlawfully entered the United States; and 21
(2) any foreign government or foreign person 22
the President determines knowingly facilitates un-23
lawful immigration into the United States. 24
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(b) SANCTIONSDESCRIBED.—The President may, 1
pursuant to the International Emergency Economic Pow-2
ers Act (50 U.S.C. 1701 et seq.), block and prohibit all 3
transactions in property and interests in property of a for-4
eign government or foreign person described in subsection 5
(a) if such property and interests in property are in the 6
United States, come within the United States, or are or 7
come within the possession or control of a United States 8
person. 9
(c) R
EPORTREQUIRED.—Not later than 180 days 10
after the date of the enactment of this Act, and annually 11
thereafter until the date that is 7 years after such date 12
of enactment, the President shall submit to the appro-13
priate congressional committees a report on actions taken 14
by the executive branch with respect to the foreign govern-15
ments and foreign persons identified under subsection (a). 16
SEC. 7. PENALTIES; WAIVERS; EXCEPTIONS. 17
(a) P
ENALTIES.—A person that violates, attempts to 18
violate, conspires to violate, or causes a violation of this 19
Act or any regulation, license, or order issued to carry out 20
this Act shall be subject to the penalties set forth in sub-21
sections (b) and (c) of section 206 of the International 22
Emergency Economic Powers Act (50 U.S.C. 1705) to the 23
same extent as a person that commits an unlawful act de-24
scribed in subsection (a) of that section. 25
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(b) NATIONALSECURITYWAIVER.—The President 1
may waive the application of sanctions under this Act with 2
respect to a foreign government or foreign person if the 3
President determines that the waiver is in the national se-4
curity interest of the United States. 5
(c) E
XCEPTIONS FORINTELLIGENCE AND LAWEN-6
FORCEMENTACTIVITIES.—This Act shall not apply with 7
respect to— 8
(1) activities subject to the reporting require-9
ments under title V of the National Security Act of 10
1947 (50 U.S.C. 3091 et seq.) or any authorized in-11
telligence activities of the United States; or 12
(2) activities necessary to carry out or assist 13
law enforcement activity of the United States. 14
Æ
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