S.Amdt. 3105

SA 3105. Mr. SCOTT of South Carolina submitted an amendment intended
to be proposed by him to the bill S. 2296, to authorize appropriations
for fiscal year 2026 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of title XII, add the following:

Subtitle F--Sanctions With Respect to Facilitation of Unlawful
Immigration

SEC. 1271. SHORT TITLE.

This subtitle 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. 1272. 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. 1273. DEFINITIONS.

In this subtitle:
(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);

[[Page S4846]]

(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. 1274. 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. 1275. 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 subtitle.
(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 subtitle 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. 1276. 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. 1277. PENALTIES; WAIVERS; EXCEPTIONS.

(a) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
subtitle or any regulation, license, or order issued to carry
out this subtitle 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 subtitle 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 subtitle 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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