- Record: Senate Floor
- Section type: Amendments
- Chamber: Senate
- Date: March 20, 2026
- Congress: 119th Congress
- Why this source matters: This section came from the Senate floor portion of the record.
SA 4709. Mr. KIM submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. 4. AUDITS OF DETENTION FACILITIES.
(a) Short Title.—This section may be cited as the
“Private Detention Accountability Act”.
(b) Audit Reports.—Not later than 30 days after the Office
of Detention Oversight of the Department of Homeland Security
completes an audit of a detention facility at which aliens
are being detained, the Director of U.S. Immigration and
Customs Enforcement shall submit a report containing the
results of such audit and describing the actions that have
been taken to remediate any deficiencies discovered through
such audit to—
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Homeland Security of the House of
Representatives; and
(4) the Committee on the Judiciary of the House of
Representatives.
(c) Restriction on Detention Facilities.—
(1) In general.—Aliens may not be newly housed at any
detention facility operated by U.S. Immigration and Customs
Enforcement unless—
(A) the Office of Detention Oversight has completed an
audit of such facility;
(B) any deficiencies discovered through such audit have
been properly remediated; and
(C) the report required under subsection (b) has been
properly submitted.
(2) Applicability.—The restriction set forth in paragraph
(1) shall apply to any detention facility—
(A) commencing operations on or after the date of the
enactment of this Act; or
(B) operating before such date of enactment and about which
the Office of Detention Oversight has completed an audit.
SA 4710. Mr. KIM submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
SEC. 4. SPENDING LIMITATION.
(a) Short Title.—This section may be cited as the “ICE
Funding Accountability Act”.
(b) Spending Limitation.—Notwithstanding any other
provision of law, amounts appropriated or otherwise made
available under Public Law 119-21 may not be expended—
(1) to pay the salaries of agents or officers of U.S.
Immigration and Customs Enforcement or U.S. Customs and
Border Protection who were hired on or after the date of the
enactment of this Act; or
(2) to recruit, advertise for hiring, or pay retention or
sign on bonuses to such agents or officers.
SA 4711. Ms. BLUNT ROCHESTER submitted an amendment intended to be proposed to amendment SA 4420 proposed by Mr. Thune (for Mr. Schmitt) to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title I insert the following:
Subtitle D—Protection Military, Military Family, and Overseas Voters
SEC. __. PROTECTING MILITARY, MILITARY FAMILY, AND OVERSEAS
VOTERS.
(a) Requirement.—
(1) In general.—Notwithstanding any other provision of
this title or the amendments made by this Act, the provisions
of and the amendments made by this title shall not apply
before the date that is 2 years after the following have been
submitted to Congress:
(A) A certification meeting the requirement of subsection
(b).
(B) The findings of each member of the Election Assistance
Commission with respect to the matters required to be
certified under subsection (b)(1).
(C) A report prepared by the Presidential designee
documenting the basis for the certification under subsection
(b)(1) and including a State-by State impact analysis of
effects of such provisions and amendments on absent uniformed
services voters (as defined in section 107(1) of the
Uniformed and Absentee Overseas Citizens Absentee Voting Act
(52 U.S.C. 20310(1))) and overseas voters (as defined in
section 107(5) of such Act (52 U.S.C. 20310(5))).
(2) Extension.—
(A) Submission of request.—The chief State election
official of a State may submit to the Commission a request up
to a 1-year extension of the applicable date under paragraph
(1) with respect to the application of any provision of this
title to the State.
(B) Consideration.—The Commission may grant such extension
upon a finding of good cause that the State is not yet
operationally ready to implement this title without
materially impairing or burdening the ability of absent
uniformed services voters (as defined in section 107(1) of
the Uniformed and Absentee Overseas Citizens Absentee Voting
Act (52 U.S.C. 20310(1))) and overseas voters (as defined in
section 107(5) of such Act (52 U.S.C. 20310(5))) to register,
request, receive, cast, and have counted absentee ballots in
elections for Federal office.
(b) Certification.—A certification under subsection
(a)(1)(A) meets the requirements of this subsection if such
certification includes—
(1) a statement, signed by the Presidential designee under
section 101 of the Uniformed and Absentee Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301), the Attorney General,
and each member of the Election Assistance Commission, that
the implementation of the provisions of and amendments made
by this Act will not materially impair, delay, burden, or
reduce the ability of absent uniformed services voters (as
defined in section 107(1) of the Uniformed and Absentee
Overseas Citizens Absentee Voting Act (52 U.S.C. 20310(1)))
and overseas voters (as defined in section 107(5) of such Act
(52 U.S.C. 20310(5))) to register, request, receive, cast,
and have counted absentee ballots in elections for Federal
office;
(2) a statement, signed by the Presidential designee under
section 101 of such Act that the chief State election
official of each State has been consulted and has no
unresolved objections to the certification under paragraph
(1);
(3) a statement, signed by the Inspector Generals for the
Department of Homeland Security, the Department of Defense,
and the Election Assistance Commission, that plans for the
implementation of this Act and the amendments made by this
Act—
(A) will not conflict with the provisions of the Uniformed
and Absentee Overseas Citizens Absentee Voting Act (52 U.S.C.
20301) or the Military Overseas Voting Empowerment
Act, including the use of the official post card form
prescribed under section 101(b)(2) of such Act (52 U.S.C.
20301(b)(2)), the use of the Federal write-in absentee ballot
prescribed under section 103 of such Act (52 U.S.C. 20303),
or the requirement that States timely transmit ballots before
Federal elections under section 102(a)(8) of such Act (52
U.S.C. 20302(a)(8)); and
(B) contain adequate safeguards to protect the rights of
such voters under such Act; and
(4) a determination by the Election Assistance Commission
that Congress has appropriated funding specifically for State
implementation of this title, including funding for election
official training, voter education, and any required
safeguards or accommodations.
SA 4712. Mr. KIM submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . EXTENSION OF THE STATUTES OF LIMITATIONS FOR
OFFENSES UNDER THE FEDERAL ELECTION CAMPAIGN
ACT OF 1971.
(a) Short Title.—This section may be cited as the “FECA
Reinforcement Act of 2026”.
(b) Civil Offenses.—Section 309(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by
inserting after paragraph (9) the following new paragraph:
“(10) No person shall be subject to a civil penalty under
this subsection with respect to a violation of this Act
unless a complaint is filed with the Commission with respect
to the violation under paragraph (1), or the Commission
responds to information with respect to the violation which
is ascertained in the normal course of carrying out its
supervisory responsibilities under paragraph (2), not later
than 10 years after the date on which the violation
occurred.”.
(c) Criminal Offenses.—Section 406(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30145(a)) is amended
by striking “5 years” and inserting “10 years”.
(d) Sunset.—The amendments made under subsections (b) and
(c) shall sunset on the date that is 8 years after the date
of enactment of this Act.
SA 4713. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. REFUND OF DUTIES IMPOSED UNDER INTERNATIONAL
EMERGENCY ECONOMIC POWERS ACT.
(a) In General.—Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law,
the Commissioner of U.S. Customs and Border Protection shall,
not later than 180 days after the date of the enactment of
this Act, refund, with interest, to each importer of a
covered article all duties imposed under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and
paid with respect to the article.
(b) Reliquidation Authority.—In the case of an entry of a
covered article that was liquidated before the date of the
enactment of this Act, the Commissioner shall reliquidate the
entry at the rate of duty applicable to the article in the
absence of any duty imposed under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) in order to pay
a refund required under subsection (a).
(c) Prioritization of Small Businesses.—The Commissioner
shall, to the extent practicable, prioritize the payment of
refunds under subsection (a) to small business concerns.
(d) Outreach to Small Businesses.—The Commissioner shall
coordinate with the Administrator of the Small Business
Administration to disseminate information to small business
concerns about the payment of refunds under subsection (a),
including any required documentation, actions small business
concerns should take, and the expected timeline for refunds.
(e) Reports Required.—Not later than 30 days after the
date of the enactment of this Act, and every 30 days
thereafter until the payment of all refunds required under
subsection (a) has been completed, the Commissioner shall
submit to the Committee on Finance and the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Ways and Means and the Committee on Small Business of the
House of Representatives a report on the implementation of
this section that includes—
(1) a statement of the number of refunds issued and the
amount of duties refunded under subsection (a) during the 30-
day period preceding submission of the report, including a
breakdown between small business concerns and other business
concerns; and
(2) an estimate of the time anticipated to be required to
complete the payment of refunds of all duties under
subsection (a).
(f) Guidance on Drawbacks.—Not later than 60 days after
the date of the enactment of this Act, the Commissioner shall
issue guidance with respect to how to address claims for
drawback under section 313 of the Tariff Act of 1930 (19
U.S.C. 1313) of duties described in subsection (a).
(g) Definitions.—In this section:
(1) Covered article.—The term “covered article” means an
article with respect to which the President imposed duties
under the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.).
(2) Enter; entry.—The terms “enter” and “entry”
include a withdrawal from warehouse for consumption.
(3) Small business concern.—The term “small business
concern” has the meaning given that term in section 3 of the
Small Business Act (15 U.S.C. 632).
SA 4714. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. TERMINATION OF CERTAIN DUTIES PROCLAIMED BY
PRESIDENT.
On and after the date of the enactment of this Act, no
duties proclaimed by the President in Proclamation 11012 (91
Fed. Reg. 9339) pursuant to the authority provided by section
122 of the Trade Act of 1974 (19 U.S.C. 2132) shall have any
force or effect.
SA 4715. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PUBLICATION AND TRANSMISSION TO CONGRESS OF REPORTS
ON INVESTIGATIONS UNDER SECTION 232 OF THE
TRADE EXPANSION ACT OF 1962.
(a) Publication and Transmission of Past Reports.—Not
later than one day after the date of the enactment of this
Act, the Secretary of Commerce shall—
(1) publish in the Federal Register all reports submitted
by the Secretary to the President on the findings of
investigations initiated under section 232(b) of the Trade
Expansion Act of 1962 (19 U.S.C. 1862(b)) on or after January
20, 2025, and before the date of the enactment of this Act,
excluding any portions of those reports that contain
classified or proprietary information, as required under
paragraph (3)(B) of that section; and
(2) transmit to Congress any portion of those reports that
contain classified information, which may be viewed only by
Members of Congress and their staff with appropriate security
clearances.
(b) Publication of Future Reports.—Section 232(b)(3)(B) of
the Trade Expansion Act of 1962 (19 U.S.C. 1862(b)(3)(B)) is
amended to read as follows:
“(B) On the same day that the Secretary submits a report
to the President under subparagraph (A), any portion of the
report that does not contain classified information or
proprietary information shall be published in the Federal
register.”.
SA 4716. Mr. KIM (for himself and Mr. Booker) submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
SEC. 4. PROHIBITING THE USE OF CERTAIN FEDERAL FUNDS FOR
DETENTION FACILITIES IN WAREHOUSES.
(a) Short Title.—This section may be cited as the “End
Warehouse Detention Act”.
(b) In General.—Notwithstanding any other provision of
law, amounts appropriated or otherwise made available under
Public Law 119-21 may not be expended—
(1) to purchase a warehouse or to contract with the owner
of a warehouse for the purpose of detaining noncitizens; or
(2) to repurpose, operate, staff, or maintain any warehouse
owned by U.S. Immigration and Customs Enforcement or U.S.
Customs and Border Protection to accommodate the detention of
noncitizens.
SA 4717. Ms. BLUNT ROCHESTER submitted an amendment intended to be proposed by her to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . PROHIBITION ON CIVIL IMMIGRATION ENFORCEMENT
ACTIONS AT OR NEAR POLLING PLACES AND VOTER
REGISTRATION SITES.
(a) In General.—The Secretary of Homeland Security shall
not, and shall ensure that an officer, employee, or agent of
the Department of Homeland Security (including U.S.
Immigration and Customs Enforcement and U.S. Customs and
Border Protection) does not, at a covered location—
(1) conduct any civil immigration enforcement action;
(2) question any individual about citizenship or
immigration status;
(3) request any immigration document;
(4) conduct surveillance of any individual entering or
exiting a covered location; or
(5) station any officer, employee, agent, or vehicle of the
Department of Homeland Security in a manner that could
reasonably be expected to deter an individual from
registering to vote or casting a ballot.
(b) Exception.—Subsection (a) shall not apply in the case
of—
(1) the execution of a criminal warrant issued by a court
upon probable cause;
(2) hot pursuit of an individual who poses an imminent
threat of death or serious bodily harm; or
(3) conduct necessary to respond to an imminent threat of
death or serious bodily harm.
(c) Implementation Guidance.—Not later than 30 days after
the date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the Attorney General
and the Election Assistance Commission, shall issue guidance
for the implementation of subsection (a), including with
respect to training to be provided to officers, employees,
and agents of the Department of Homeland Security on
compliance with such subsection.
(d) Report.—In the case of an alleged violation of
subsection (a), not later than 30 days after the date on
which the alleged violation occurs, the Secretary of Homeland
Security shall submit to Congress and the Inspector General
of the Department of Homeland Security a notification of the
alleged violation.
(e) Rule of Construction.—Nothing in this section may be
construed—
(1) to prohibit, at a covered location, the conduct of
criminal law enforcement activities unrelated to immigration
status;
(2) to authorize intimidation, threats, coercion, or
interference with any individual registering to vote or
voting in a Federal election; or
(3) to permit inquiry into citizenship or immigration
status as a condition of entering a covered location, except
as expressly required by Federal law.
(f) Definitions.—In this section:
(1) Civil enforcement action.—The term “civil enforcement
action”—
(A) means any arrest, detention, interview, questioning,
surveillance, search, service of a notice to appear or other
process, document check, or any other civil immigration-
related investigative or enforcement activity undertaken to
identify, apprehend, monitor, or deter an individual based on
actual or suspected immigration status; and
(B) includes the deployment of visible civil immigration
enforcement presence, including personnel or a vehicle, in a
manner that could reasonably be expected to deter an
individual from registering to vote or casting a ballot.
(2) Covered location.—The term “covered location”
means—
(A) a polling place;
(B) an early voting site;
(C) a voter registration site, including any office or
location at which in-person voter registration or election-
day registration for a Federal election is taking place;
(D) a location within 100 feet of an entrance or exit of a
location described in any of subparagraphs (A) through (C);
and
(E) a location within 100 feet of an individual waiting to
enter a location described in any of subparagraphs (A)
through (C).
SA 4718. Ms. BLUNT ROCHESTER submitted an amendment intended to be proposed to amendment SA 4420 proposed by Mr. Thune (for Mr. Schmitt) to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the end of section 101, insert the following:
(s) Protection of Voter Information.—Section 8(j) of the
National Voter Registration Act of 1993, as added by
subsection (f), is amended—
(1) in paragraph (4)—
(A) in subparagraph (A), by striking “subparagraphs (B)
and (C)” and inserting “subparagraph (B)”;
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B);
and
(2) by adding at the end the following new paragraph:
“(6) Protection of voter information.—Notwithstanding any
other provision of law, a State shall not be required to
submit voter registration data or other identifying
information of a registered voter to the Federal Government
or a Federal agency for purposes of citizenship
verification.”.
SA 4719. Ms. BLUNT ROCHESTER submitted an amendment intended to be proposed to amendment SA 4420 proposed by Mr. Thune (for Mr. Schmitt) to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title I, insert the following:
Subtitle D—Delayed Implementation to Protect Voters With Disabilities
SEC. 131. DELAYED IMPLEMENTATION.
(a) In General.—Notwithstanding any other provision of
this title, the provisions of and amendments made by this
title shall not take effect until the date on which the
Election Assistance Commission, in consultation with the
United States Access Board, unanimously—
(1) certifies that each State has accessible and no-cost
methods for voters with disabilities that do not require the
voter to appear in person (such as remote, home-based,
designated-agent, or other methods permitted under State law)
to satisfy the documentary proof of citizenship, photo
identification, absentee voting, ballot return, and ballot-
cure requirements under such provisions and amendments with
respect to elections for Federal office; and
(2) determines that Congress has appropriated funding
specifically for State implementation of this title,
including funding for election official training, voter
education, and any required safeguards or accommodations.
(b) State Requirements.—Each State shall—
(1) maintain accessible procedures, including remote and,
where necessary, home-based or designated-agent options, so
that a voter with a disability is not required to appear in
person if the voter cannot reasonably do so because of
disability; and
(2) require accessible notice and cure processes for any
defect in a voter registration or ballot and make clear that
implementation may not proceed unless disabled voters have a
real and workable path to register to vote and vote under the
provisions of and amendments made by this title.
SA 4720. Ms. BLUNT ROCHESTER submitted an amendment intended to be proposed by her to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
SEC. 4. PROHIBITION AGAINST SURVEILLANCE FOR THE PURPOSE OF
CREATING DATABASE OF UNITED STATES CITIZENS .
The Department of Homeland Security, including U.S.
Immigration and Customs Enforcement and U.S. Customs and
Border Protection (directly or indirectly), may not conduct
any surveillance on United States citizens, including through
any contract, grant, cooperative agreement, or other
arrangement, to create, assemble, maintain, purchase,
license, subscribe to, access, or otherwise obtain
information for the purpose of compiling, enriching, or
aggregating a database that identifies United States
citizens.
SA 4721. Ms. BLUNT ROCHESTER submitted an amendment intended to be proposed by her to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PROHIBITION ON DNA DATABASES.
The Department of Homeland Security, including any
component thereof or any contractor, grantee, or other entity
acting on behalf of the Department, may not create, maintain,
purchase, license, access, or otherwise obtain a database of
information relating to the DNA of United States citizens.
SA 4722. Ms. BLUNT ROCHESTER submitted an amendment intended to be proposed to amendment SA 4420 proposed by Mr. Thune (for Mr. Schmitt) to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title I, insert the following:
Subtitle D—Safe Harbor for Certain States
SEC. 131. SAFE HARBOR FOR CERTAIN STATES.
(a) Definition.—In this section, the term “covered
election procedures” means the laws or procedures of a State
with respect to—
(1) verification of voter eligibility for elections for
Federal office;
(2) maintenance of official lists of individuals registered
as eligible voters for Federal office;
(3) authentication of absentee ballots in elections for
Federal office;
(4) identification and resolution of discrepancies in voter
registration, documentary proof of citizenship, identity
information, or other eligibility-related information;
(5) curing deficiencies with respect to absentee ballots in
elections for Federal office; and
(6) audits, reconciliation, or other review conducted after
an election for Federal office to assess compliance and the
accuracy, security, and integrity of election administration.
(b) Safe Harbor.—Notwithstanding any other provision of
this Act, any State that, on the date of enactment of this
Act, has in effect covered election procedures or comparable
election integrity safeguards for elections for Federal
office in the State—
(1) shall be deemed in compliance with sections 101 and 111
and the amendments made by those sections; and
(2) shall be exempt from taking any further action to
comply with sections 101 and 111 and the amendments made by
those sections.
SEC. 132. NO PREEMPTION OF STATE ELECTION PROCEDURES.
Notwithstanding any other provision of this Act, nothing in
this title shall be construed to modify, conflict with,
preempt, or otherwise affect any covered election procedure,
as defined in section 131(a), of a State.
SA 4723. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the “Savings Opportunity and
Affordable Repayment Act”.
SEC. 2. AMENDMENTS TO THE OBBBA.
(a) In General.—Section 82001 of the Act titled “An Act
to provide for reconciliation pursuant to title II of H. Con.
Res. 14” (Public Law 119-21; 139 Stat. 72) is amended by
striking subsections (a) and (c).
(b) Higher Education Act of 1965.—The Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.) is amended—
(1) in section 428(b)(9)(A)(v), by inserting “who has a
partial financial hardship” after “enables a borrower”;
(2) in section 455—
(A) in subsection (d)—
(i) in paragraph (1)—
(I) in the matter preceding subparagraph (A), by striking
“before July 1, 2026, who has not received a loan made under
this part on or after July 1, 2026,”;
(II) in subparagraph (D)—
(aa) by striking “before June 30, 2028,”; and
(bb) by inserting “and” after the semicolon;
(III) in subparagraph (E)—
(aa) by inserting “that enables borrowers who have a
partial financial hardship to make a lower monthly payment”
after “an income-based repayment plan”; and
(bb) by striking “an excepted Consolidation Loan (as
defined in section 493C(a)(2)); and” and inserting “a
Federal Direct Consolidation Loan, if the proceeds of such
loan were used to discharge the liability on such Federal
Direct PLUS Loan or a loan under section 428B made on behalf
of a dependent student.”; and
(IV) by striking subparagraph (F);
(ii) in paragraph (5), by striking subparagraph (B) and
inserting the following:
“(B) repay the loan pursuant to an income contingent
repayment plan.”; and
(iii) by striking paragraphs (6) and (7);
(B) in subsection (g), by striking paragraph (3);
(C) by striking subsection (q); and
(3) in section 493C—
(A) in subsection (a)—
(i) by striking paragraph (2) and inserting the following:
“(2) Excepted consolidation loan.—The term `excepted
consolidation loan' means a consolidation loan under section
428C, or a Federal Direct Consolidation Loan, if the proceeds
of such loan were used to the discharge the liability on an
excepted PLUS loan.”; and
(ii) by striking paragraph (3) and inserting the following:
“(3) Partial financial hardship.—The term `partial
financial hardship', when used with respect to a borrower,
means that for such borrower—
“(A) the annual amount due on the total amount of loans
made, insured, or guaranteed under part B or D (other than an
excepted PLUS loan or excepted consolidation loan) to a
borrower as calculated under the standard repayment plan
under section 428(b)(9)(A)(i) or 455(d)(1)(A), based on a 10-
year repayment period; exceeds
“(B) 15 percent of the result obtained by calculating, on
at least an annual basis, the amount by which—
“(i) the borrower's, and the borrower's spouse's (if
applicable), adjusted gross income; exceeds
“(ii) 150 percent of the poverty line applicable to the
borrower's family size as determined under section 673(2) of
the Community Services Block Grant Act (42 U.S.C.
9902(2)).”;
(B) in subsection (b)—
(i) by striking paragraph (1) and inserting the following:
“(1) a borrower of any loan made, insured, or guaranteed
under part B or D (other than an excepted PLUS loan or
excepted consolidation loan) who has a partial financial
hardship (whether or not the borrower's loan has been
submitted to a guaranty agency for default aversion or had
been in default) may elect, during any period the borrower
has the partial financial hardship, to have the borrower's
aggregate monthly payment for all such loans not exceed the
result described in subsection (a)(3)(B) divided by 12;”;
and
(ii) by striking paragraph (6) and inserting the following:
“(6) if the borrower no longer has a partial financial
hardship or no longer wishes to continue the election under
this subsection, then—
“(A) the maximum monthly payment required to be paid for
all loans made to the borrower under part B or D (other than
an excepted PLUS loan or excepted consolidation loan) shall
not exceed the monthly amount calculated under section
428(b)(9)(A)(i) or 455(d)(1)(A), based on a 10-year repayment
period, when the borrower first made the election described
in this subsection; and
“(B) the amount of time the borrower is permitted to repay
such loans may exceed 10 years;”;
(C) by striking subsection (c) and inserting the following:
“(c) Eligibility Determinations.—
“(1) In general.—The Secretary shall establish procedures
for annually determining the borrower's eligibility for
income-based repayment, including verification of a
borrower's annual income and the annual amount due on the
total amount of loans made, insured, or guaranteed under part
B or D (other than an excepted PLUS loan or excepted
consolidation loan), and such other procedures as are
necessary to effectively implement income-based repayment
under this section.
“(2) Procedures for eligibility.—The Secretary shall—
“(A) consider, but is not limited to, the procedures
established in accordance with section 455(e)(1) or in
connection with income sensitive repayment schedules under
section 428(b)(9)(A)(iii) or 428C(b)(1)(E); and
“(B) carry out, with respect to borrowers of any loan made
under part D (other than an excepted PLUS loan or excepted
consolidation loan), procedures for income-based repayment
plans that are equivalent to the procedures carried out under
section 455(e)(8) with respect to income-contingent repayment
plans.”; and
(D) in subsection (e)—
(i) in the subsection heading, by striking “and Before
July 1, 2026”; and
(ii) by striking “and before July 1, 2026”.
SEC. 3. SAVINGS OPPORTUNITY AND AFFORDABLE REPAYMENT PLAN.
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.),
as amended by section 2, is further amended—
(1) in section 428(b)(9)(A)—
(A) in clause (iv), by striking “and” after the
semicolon;
(B) in clause (v), by striking the period at the end and
inserting “; and”; and
(C) by adding at the end the following:
“(vi) beginning on the date that is 180 days after the
date of enactment of the Savings Opportunity and Affordable
Repayment Act, an income contingent repayment plan known as
the `Savings Opportunity and Affordable Repayment plan',
consistent with section 493E.”;
(2) in section 428C(c)(2)(A)—
(A) in the first sentence, by striking “or income-based”
and inserting “income-based, or income contingent Savings
Opportunity and Affordable Repayment (consistent with section
493E)”; and
(B) in the second sentence, by striking “or income-based”
and inserting “income-based, or income contingent Savings
Opportunity and Affordable Repayment”;
(3) in section 455(d)—
(A) in paragraph (1), by striking subparagraph (D) and
inserting the following:
“(D) except as provided in paragraph (6), an income
contingent repayment plan—
“(i) with varying annual repayment amounts based on the
income of the borrower, paid over an extended period of time
prescribed by the Secretary, not to exceed 25 years, except
that the plan described in this clause shall not be available
to the borrower of a Federal Direct PLUS loan made on behalf
of a dependent student; and
“(ii) which, beginning on the date that is 180 days after
the date of enactment of the Savings Opportunity and
Affordable Repayment Act, shall include the `Savings
Opportunity and Affordable Repayment plan', consistent with
section 493E; and”; and
(B) by adding at the end the following:
“(6) Phase outs.—
“(A) PAYE repayment plan.—
“(i) In general.—A borrower may choose the Pay As You
Earn Repayment Plan, as described in section 685.209 of title
34, Code of Federal Regulations (as in effect on January 19,
2025), as an income contingent repayment plan pursuant to
paragraph (1)(D)—
“(I) before the date that is 2 years after the date of
enactment of the Savings Opportunity and Affordable Repayment
Act, only if the borrower—
“(aa) has loans eligible for repayment under such plan, as
described in such section as in effect on such date; and
“(bb) has a partial financial hardship when the borrower
initially enters such plan, as described in such section as
in effect on such date; and
“(II) on or after the date that is 2 years after the date
of enactment of the Savings Opportunity and Affordable
Repayment Act, only if the borrower meets the conditions
described in subclause (I) and was repaying a loan under such
plan before such date that is 2 years after the date of
enactment of the Savings Opportunity and Affordable Repayment
Act.
“(ii) Prohibition against re-enrollment.—Beginning on the
date that is 2 years after the date of enactment of the
Savings Opportunity and Affordable Repayment Act, a borrower
who was repaying a loan under the Pay As You Earn Repayment
Plan, as described in clause (i), and changes to a different
repayment plan may not re-enroll in the Pay As You Earn
Repayment Plan.
“(B) Income contingent repayment plan.—
“(i) In general.—A borrower may choose the ICR plan, as
described in section 685.209 of title 34, Code of Federal
Regulations (as in effect on January 19, 2025), as an income
contingent repayment plan pursuant to paragraph (1)(D)—
“(I) before the date that is 2 years after the date of
enactment of the Savings Opportunity and Affordable Repayment
Act, only if the borrower has loans eligible for repayment
under such plan, as described in such section as in effect on
such date, except as provided in clause (iii); and
“(II) on or after the date that is 2 years after the date
of enactment of the Savings Opportunity and Affordable
Repayment Act, only if the borrower has loans eligible for
repayment under such plan, as described in such section as in
effect on such date, except as provided in clause (iii), and
was repaying a loan under such plan before such date that is
2 years after the date of enactment of the Savings
Opportunity and Affordable Repayment Act.
“(ii) Prohibition against re-enrollment.—Beginning on the
date that is 2 years after the date of enactment of the
Savings Opportunity and Affordable Repayment Act, a borrower
who was repaying a loan under the ICR plan, as described in
clause (i), and changes to a different repayment plan may not
re-enroll in the ICR plan.
“(iii) Eligible loans for purposes of icr repayment.—In
addition to the loans eligible for repayment under the ICR
plan as described in section 685.209 of title 34, Code of
Federal Regulations (as in effect on January 19, 2025), an
eligible loan for purposes of repayment under the ICR plan
may include—
“(I) a Federal Direct PLUS Loan made on behalf of a
dependent student;
“(II) a Federal Direct Consolidation Loan for which the
proceeds were used to discharge the liability on a Federal
Direct PLUS Loan or a loan under section 428B made on behalf
of a dependent student;
“(III) a loan under section 428B made on behalf of a
dependent student; or
“(IV) a loan under section 428C for which the proceeds
were used to discharge the liability on a Federal Direct PLUS
Loan or a loan under section 428B made on behalf of a
dependent student.”;
(4) by inserting after section 493D the following:
“SEC. 493E. SAVINGS OPPORTUNITY AND AFFORDABLE REPAYMENT
PLAN.
“(a) Definitions.—In this section:
“(1) Eligible loan.— The term `eligible loan' means a
loan made, insured, or guaranteed under part B or D.
“(2) Monthly payment obligation.—
“(A) In general.—The term `monthly payment obligation',
when used with respect to a borrower, means that for such
borrower the monthly payment amount due on the total amount
of eligible loans made to such borrower that is equal to,
except as provided in subparagraph (B)—
“(i) $0 for the portion of the borrower's, and the
borrower's spouse's (if applicable), adjusted gross income
(as defined in section 62 of the Internal Revenue Code of
1986) that is less than or equal to 250 percent of the
poverty line applicable to the borrower's family size as
determined under section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2)); plus
“(ii) 5 percent of the portion of the borrower's, and the
borrower's spouse's (if applicable), adjusted gross income
(as defined in section 62 of the Internal Revenue Code of
1986) that is greater than 250 percent of the poverty line
applicable to the borrower's family size as determined under
section 673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)), prorated by the percentage that is the
result of dividing the borrower's original total loan balance
attributable to eligible loans received for the borrower's
undergraduate study by the original total loan balance
attributable to all eligible loans, divided by 12; plus
“(iii) for loans not subject to clause (ii), 10 percent of
the portion of the borrower's, and the borrower's spouse's
(if applicable), adjusted gross income (as defined in section
62 of the Internal Revenue Code of 1986) that is greater than
250 percent of the poverty line applicable to the borrower's
family size as determined under section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2)),
prorated by the percentage that is the result of dividing the
borrower's original total loan balance minus the original
total loan balance of loans subject to clause (ii) by the
borrower's original total loan balance attributable to all
eligible loans, divided by 12.
“(B) Minimal payment obligation.—If the calculation of
the monthly payment amount due under subparagraph (A) for a
borrower is—
“(i) less than $5, then the monthly payment obligation for
such borrower is equal to $0; and
“(ii) equal to or greater than $5 but less than $10, then
the monthly payment obligation for such borrower is equal to
$10.
“(b) Savings Opportunity and Affordable Repayment
Authorized.—Notwithstanding any other provision of this Act,
the Secretary shall carry out a Savings Opportunity and
Affordable Repayment plan program that complies with the
following:
“(1) A borrower of any eligible loan may elect to have the
borrower's aggregate monthly payment for all such loans not
exceed the monthly payment obligation of such borrower.
“(2) The holder of such eligible loan shall apply—
“(A) 50 percent of the borrower's monthly payment under
this subsection toward outstanding principal; and
“(B) 50 percent of the borrower's monthly payment under
this subsection—
“(i) first toward accrued charges and collection costs on
the loan;
“(ii) then toward outstanding interest; and
“(iii) then toward outstanding principal.
“(3) During all periods of repayment on all loans being
repaid under the Savings Opportunity and Affordable Repayment
plan, the Secretary shall not charge the borrower's account
any accrued interest that is not covered by the borrower's
monthly payment obligation.
“(4) Any principal due and not paid under paragraph (2)
shall be deferred.
“(5) In the case of a borrower repaying under the Savings
Opportunity and Affordable Repayment plan, the Secretary
shall cancel the remaining balance due on all eligible loans
for a borrower in the case the borrower—
“(A) is repaying only eligible loans received for
undergraduate study, or a consolidation loan that repaid only
loans received for such study, for which the borrower's
attendance in such undergraduate study was not more than 2
years, after the borrower has satisfied 120 monthly payments
or the equivalent (as described in paragraph (6)), over a
period of at least 10 years; and
“(B) is repaying at least one eligible loan not described
in subparagraph (A), after the borrower has satisfied 180
monthly payments or the equivalent (as described in paragraph
(6)), over a period of at least 15 years.
“(6) A monthly payment or the equivalent shall be
satisfied by any of the following:
“(A) A month in which the borrower—
“(i) makes a monthly payment that is equal to not less
than the monthly payment obligation of the borrower; or
“(ii) has a monthly payment obligation of $0.
“(B) A month in which the borrower receives a deferment or
forbearance of repayment under any of the following:
“(i) A cancer treatment deferment under section 455(f)(3).
“(ii) A rehabilitation training program deferment.
“(iii) An unemployment deferment.
“(iv) An economic hardship deferment, which includes
volunteer service in the Peace Corps as an economic hardship
condition.
“(v) A military service deferment.
“(vi) A post active-duty student deferment.
“(vii) A national service forbearance.
“(viii) A national guard duty forbearance.
“(ix) A Department of Defense Student Loan Repayment
forbearance.
“(x) An administrative forbearance under a period—
“(I) during which the Secretary has authorized forbearance
due to a national military mobilization or other local or
national emergency;
“(II) necessary for the Secretary to collect and process
documentation supporting the borrower's request for a
deferment, forbearance, change in repayment plan, or
consolidation loan; or
“(III) determined necessary by the Secretary.
“(xi) A bankruptcy forbearance if the borrower made the
required payments on a confirmed bankruptcy plan.
“(C) A month in which the borrower receives a deferment or
forbearance of repayment not described in subparagraph (B),
but for which the borrower makes an additional payment equal
to or greater than their monthly payment obligation
(including a monthly payment obligation of $0), for a
deferment or forbearance that ended within 3 years of the
date of such additional payment and occurred on or after the
date that is 180 days after the date of enactment of the
Savings Opportunity and Affordable Repayment Act.
“(D) A month in which the borrower—
“(i) makes a payment pursuant to a repayment plan under
section 493C or section 455(d)(1)(E), or another income
continent repayment plan under section 455(d)(1)(D), or had a
monthly payment obligation under such a plan of $0;
“(ii) makes a payment under the standard repayment plan,
as described in section 428(b)(9)(A)(i); or
“(iii) makes a payment under a repayment plan with
payments that are as least as much as they would have been
under the standard repayment plan, as described in section
428(b)(9)(A)(i).
“(7) A borrower who is repaying an eligible loan pursuant
to this section may elect, at any time, to terminate
repayment pursuant to this section and repay such loan under
any other repayment plan for which the borrower is eligible.
“(8) A borrower who is repaying an eligible loan pursuant
to this section may—
“(A) pay in multiple installments that equal the full
scheduled monthly payment obligation of such borrower; or
“(B) pay a lump sum or monthly payment amount that is
equal to or greater than the full scheduled monthly payment
obligation of such borrower in advance of the borrower's
scheduled payment due date for a period of months not to
exceed the period from the Secretary's receipt of the payment
until the borrower's next annual repayment plan
recertification date.
“(c) Eligibility Determinations.—
“(1) In general.—The Secretary shall establish procedures
for annually determining the borrower's eligibility for
repayment under this section, including verification of a
borrower's annual income and the annual amount due on the
total amount of eligible
loans, and such other procedures as are necessary to
effectively implement repayment under this section.
“(2) Procedures for eligibility.—The Secretary shall—
“(A) consider, but is not limited to, the procedures
established in accordance with section 455(e)(1); and
“(B) carry out, with respect to borrowers of any eligible
loan, procedures for repayment plans that are equivalent to
the procedures carried out under section 455(e)(8) with
respect to other income contingent repayment plans.
“(3) Failure to timely certify information.—If the
Secretary requires information from the borrower to
recalculate the borrower's monthly payment obligation under
this section, and the borrower does not provide the necessary
documentation to the Secretary by the time the Secretary
requires such documentation, the Secretary shall remove the
borrower from the Savings Opportunity and Affordable
Repayment plan under this section and place the borrower on
an alternative repayment plan under which the borrower's
required monthly payment is the amount the borrower would
have paid on a 10-year standard repayment plan based on the
current eligible loan balances and interest rates on the
eligible loans at the time the borrower is removed from the
plan under this section.
“(4) Procedures.—
“(A) Approval for the disclosure of tax information.—A
borrower shall provide approval for the disclosure of
applicable tax information to the Secretary to initially
enter repayment, or recertify the borrower's intent to repay,
under this section either as part of the process of
completing a Direct Loan Master Promissory Note or a Direct
Consolidation Loan Application and Promissory Note in
accordance with sections 455(e)(8) and 493C(c)(2) or on an
application form approved by the Secretary.
“(B) Failure to provide approval.—If a borrower does not
provide approval for the disclosure of applicable tax
information pursuant to subparagraph (A), the borrower shall
provide documentation of the borrower's income and family
size to the Secretary.
“(C) Inability to obtain information from the irs.—If the
Secretary has received approval for disclosure of applicable
tax information pursuant to subparagraph (A), but cannot
obtain the borrower's income and family size from the
Internal Revenue Service, the borrower and, if applicable,
the borrower's spouse, shall provide documentation of income
and family size to the Secretary.
“(D) Calculation of payment amount.—After the Secretary
obtains sufficient information to calculate the borrower's
monthly payment obligation, the Secretary shall—
“(i) calculate the borrower's monthly payment obligation;
and
“(ii) establish the 12-month period during which the
borrower will be obligated to make payments in the amount of
the monthly payment obligation.
“(E) Repayment disclosure.—The Secretary shall send to
each borrower a repayment disclosure that—
“(i) specifies the borrower's calculated monthly payment
obligation;
“(ii) explains how the payment was calculated;
“(iii) informs the borrower of the terms and conditions of
repayment under this section; and
“(iv) informs the borrower of how to contact the Secretary
if the calculated monthly payment obligation amount is not
reflective of the borrower's current income or family size.
“(F) Request for recalculation.—
“(i) In general.—If a borrower believes that the
calculated monthly payment obligation amount is not
reflective of the borrower's current income or family size,
the borrower may request that the Secretary recalculate the
monthly payment obligation amount.
“(ii) Alternative documentation.—To support a request
under clause (i), the borrower shall submit alternative
documentation of income or family size not based on tax
information to account for circumstances such as a decrease
in income since the borrower last filed a tax return, the
borrower's separation from a spouse with whom the borrower
had previously filed a joint tax return, the birth or
impending birth of a child, or other comparable
circumstances.
“(G) Forbearance.—If a borrower provides alternative
documentation under subparagraph (F) or if the Secretary
receives documentation from the borrower or the borrower's
spouse under subparagraph (C), the Secretary shall grant
forbearance to provide time for the Secretary to recalculate
the borrower's monthly payment obligation based on the
documentation.
“(H) 3 monthly payments remaining.—Once a borrower has 3
monthly payments remaining under a 12-month period specified
under subparagraph (D), the Secretary shall follow the
procedures described in subparagraphs (C) through (G).
“(I) Resetting of 12-month period.—At any point during a
12-month period specified under subparagraph (D), a borrower
may request that the Secretary recalculate the borrower's
monthly payment obligation earlier than would have otherwise
been the case to account for a change in the borrower's
circumstances, such as a loss of income or employment or
divorce. In such a case, the 12-month period specified under
subparagraph (D) shall be reset based on the borrower's new
information.
“(J) Tracking forgiveness.—The Secretary shall track a
borrower's progress toward eligibility for loan cancellation
under subsection (b)(5) and cancel loans that meet the
criteria under such subsection without the need for an
application or documentation from the borrower.
“(d) Married Borrowers.—
“(1) Calculation based solely on borrower's information.—
In the case of a married borrower, the Secretary shall
calculate the amount of the borrower's monthly payment
obligation under this section solely on the basis of the
borrower's eligible loan debt and adjusted gross income (as
defined in section 62 of the Internal Revenue Code of 1986)
if—
“(A) the borrower files a separate Federal income tax
return; or
“(B) the borrower files a joint Federal income tax return
and certifies that the borrower is currently separated from
the borrower's spouse or is currently unable to reasonably
access the spouse's income.
“(2) Calculation including spouse's information.—In the
case of a married borrower not described in subparagraph (A)
or (B), the Secretary shall—
“(A) include the spouse's income in the calculation of the
borrower's monthly payment obligation under this section; and
“(B) if the spouse has eligible loan debt, adjust the
borrower's monthly payment obligation under this section by—
“(i) dividing the outstanding principal and interest
balance of the borrower's eligible loans by the couple's
combined outstanding principal and interest balance on
eligible loans; and
“(ii) multiplying the borrower's payment amount as
calculated under subsection (a)(5) by the percentage
determined under clause (i).”; and
(5) in section 494(a)(2)(A)—
(A) in the matter preceding clause (i), by inserting “or a
Savings Opportunity and Affordable Repayment plan for a loan
under part B” after “part D”; and
(B) in clause (ii)(I), by inserting “or section
493E(c)(2)(B)” after “section 493C(c)(2)(B)”.
SA 4724. Mr. WELCH submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . CONDEMNING THE PARDON OF CHANGPENG ZHAO.
(a) Findings.—Congress finds the following:
(1) Changpeng Zhao, the founder and Chief Executive Officer
of Binance Holdings Ltd., pleaded guilty to failing to
maintain an effective anti-money laundering program.
(2) Mr. Zhao was sentenced to 4 months in prison for his
conduct.
(3) At the same time, Binance Holdings Ltd. admitted it
engaged in anti-money laundering, unlicensed money
transmitting, and sanctions violations.
(4) As part of the plea agreement, Binance Holdings Ltd.
agreed to forfeit $2,510,650,588 and pay a criminal fine of
$1,805,475,575.
(5) World Liberty Financial, which is owned in part by
President Donald J. Trump and members of his family, have
numerous business ties to Binance Holdings Ltd.
(6) On October 23, 2025, President Donald J. Trump pardoned
Mr. Zhao.
(b) Condemning Pardon.—Congress condemns the pardon issued
to Changpeng Zhao.
SA 4725. Mr. WELCH submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . CONDEMNING THE PARDON OF FORMER HONDURAN PRESIDENT
JUAN ORLANDO HERNANDEZ.
(a) Findings.—Congress finds the following:
(1) According to court documents, beginning at least as
early as 2004, and continuing through 2022, Juan Orlando
Hernandez, the former president of the Honduran National
Congress and former two-term President of Honduras, was at
the center of one of the largest and most violent drug-
trafficking conspiracies in the world.
(2) During his political career, President Hernandez abused
his positions and authority in Honduras to facilitate the
importation of over 400 tons of cocaine into the United
States, enough for approximately 4,500,000,000 individual
doses.
(3) President Hernandez's co-conspirators were armed with
machine guns and other weapons, including AK-47s, AR-15s, and
grenade launchers, which they used to protect their cocaine
shipments as they transited across Honduras on route to the
United States, protect the money they made from the sale of
the cocaine, and guard their drug-trafficking territory from
rivals.
(4) President Hernandez and his co-conspirators abused
Honduran institutions, including the Honduran National Police
and
the Honduran military, to protect and grow their conspiracy,
using heavily armed Honduran National Police officers to
protect their cocaine shipments as they transited across
Honduras.
(5) President Hernandez received millions of dollars of
drug money from some of the largest and most violent drug-
trafficking organizations in Honduras, Mexico, and elsewhere,
and used those bribes to fuel his rise in Honduran politics,
including a $1,000,000 bribe from El Chapo, one of the
world's most notorious drug kingpins.
(6) As President Hernandez rose to power in Honduras, he
provided increased support and protection for his co-
conspirators, allowing them to move tons of cocaine, commit
acts of violence and murder, and turn Honduras into one of
the most dangerous countries in the world.
(7) During his time in office, President Hernandez
protected and enriched the drug traffickers in his inner
circle and those who provided him with cocaine-fueled bribes
that allowed him to obtain and stay in power.
(8) President Hernandez selectively supported and took
credit for extraditions to the United States of certain drug
traffickers who threatened his grip on power, while at the
same time promising drug traffickers who bribed him and
followed his instructions that they would remain safe in
Honduras.
(9) The threat of being extradited to the United States
made drug traffickers eager to bribe anyone who could protect
them, and according to Federal prosecutors, they came to know
they could rely on President Hernandez.
(10) President Hernandez directed the Honduran National
Police and military to protect smugglers who paid him off and
he promised to shield them from extradition to the United
States, reportedly telling one cocaine trafficker that “by
the time the gringos find out, we will have eliminated
extradition.”.
(11) President Hernandez reportedly boasted, “We are going
to stuff the drugs up the gringos' noses, and they're never
even going to know it.”.
(12) Several of President Hernandez's co-conspirators were
convicted and sentenced to prison in the United States,
including the following:
(A) President Hernandez's brother, Juan Antonio Hernandez
Alvarado, also known as “Tony Hernandez”, who was convicted
and sentenced to life in prison.
(B) Geovanny Fuentes Ramirez, a violent cocaine trafficker
who met with President Hernandez multiple times to discuss
their drug trafficking partnership and who was convicted and
sentenced to life in prison.
(C) Juan Carlos Bonilla Valladares, also known as “El
Tigre”, the former chief of the Honduran National Police,
who pleaded guilty to his participation in the cocaine
importation conspiracy and was sentenced to 19 years in
prison.
(13) President Hernandez was convicted of drug trafficking
and weapons conspiracy after a jury trial that lasted nearly
3 weeks, and sentenced to 45 years in prison and fined
$8,000,000.
(14) President Hernandez claimed that he was the victim of
“political persecution”, but no credible evidence to
support that claim has been presented.
(15) President Hernandez's conviction and sentence were
upheld on appeal.
(16) President Donald J. Trump's pardon of Juan Orlando
Hernandez is an affront to the Federal law enforcement and
judicial officials who investigated and prosecuted him and to
the jurors who performed their civil duty in convicting him,
weakens the rule of law, and severely harms the credibility
of the United States in combating drug trafficking in this
hemisphere and beyond.
(b) Condemning Pardon.—Congress condemns the pardon to
convicted cocaine kingpin Juan Orlando Hernandez.
SA 4726. Mr. WELCH submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
SEC. 4. DEPARTMENT OF HOMELAND SECURITY HIRING LIMITATION.
Beginning on the date of the enactment of this Act, U.S.
Immigration and Customs Enforcement and U.S. Customs and
Border Protection may not hire any applicant for an officer
or agent position if the employment of such applicant as a
law enforcement officer was previously terminated as a result
of misconduct.
SA 4727. Mr. WELCH submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
SEC. 4. PROHIBITION AGAINST IMMIGRATION ENFORCEMENT BASED
SOLELY ON CERTAIN PERSONAL CHARACTERISTICS.
An officer or agent of the Department of Homeland Security
may not initiate any immigration enforcement action based
solely on the sex, race, gender, or sexual orientation of the
subject of such action.
SA 4728. Mr. WELCH submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . SENSE OF THE SENATE RECOGNIZING THE OUTCOME OF THE
2020 PRESIDENTIAL ELECTION.
It is the sense of the Senate that—
(1) Joseph R. Biden was duly elected President of the
United States in the 2020 presidential election; and
(2) Donald J. Trump lost the 2020 presidential election.
SA 4729. Mr. WELCH submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . DHS CONTRACT INFORMATION.
Not later than 30 days after the date of enactment of this
Act, the Secretary of Homeland Security shall submit to
Congress a copy of each contract and subcontract associated
with an advertising campaign of the Department of Homeland
Security entered into on or after January 20, 2025.
SA 4730. Mr. WELCH submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . RESTITUTION PAYMENTS FOR VICTIMS OF OFFENDERS WHO
RECEIVED PARDONS OR COMMUTATIONS.
Of the unobligated balances of amounts appropriated under
section 100052 of the Act entitled “An Act to provide for
reconciliation pursuant to title II of H. Con. Res. 14”,
approved July 4, 2025 (Public Law 119-21; 139 Stat. 387)
(commonly known as the “One Big Beautiful Bill Act”),
$2,000,000,000 shall be transferred to the Attorney General
and shall be available to the Attorney General to provide
restitution payments to victims who will not receive
restitution from an offender because of a pardon or
commutation issued on or after January 20, 2025.
SA 4731. Mr. WELCH submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . CONDEMNING THE COMMUTATION OF THE SENTENCE OF
GEORGE ANTHONY DEVOLDER SANTOS.
(a) Findings.—Congress finds the following:
(1) Former Congressman George Anthony Devolder Santos
pleaded guilty to committing wire fraud and aggravated
identity theft.
(2) As part of his guilty plea, Mr. Santos admitted to
filing fraudulent reports with the Federal Election
Commission, embezzling funds from campaign donors, charging
credit cards without authorization, stealing identities,
obtaining unemployment benefits through fraud, and lying in a
report to the House of Representatives.
(3) Mr. Santos was sentenced to 87 months in prison,
ordered to pay $373,749.97 in restitution, and forfeited
$205,002.97.
(4) On October 17, 2025, President Donald J. Trump commuted
Mr. Santos's sentence.
(b) Condemning Commutation.—Congress condemns the
commutation of the sentence of George Anthony Devolder
Santos.
SA 4732. Mr. HUSTED submitted an amendment intended to be proposed to amendment SA 4420 proposed by Mr. Thune (for Mr. Schmitt) to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 111 and insert the following:
SEC. 111. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION.
(a) Requirement to Provide Photo Identification as
Condition of Casting Ballot.—
(1) In general.—Title III of the Help America Vote Act of
2002 (52 U.S.C. 21081 et seq.) is amended by inserting after
section 303 the following new section:
“SEC. 303A. PHOTO IDENTIFICATION REQUIREMENTS.
“(a) Provision of Identification Required as Condition of
Casting Ballot.—
“(1) Individuals voting in person.—
“(A) Requirement to provide identification.—
Notwithstanding any other provision of law and except as
provided in subparagraph (B), the appropriate State or local
election official may not provide a ballot for an election
for Federal office to an individual who desires to vote in
person unless the individual presents to the official a valid
physical photo identification.
“(B) Availability of provisional ballot.—
“(i) In general.—If an individual does not present the
identification required under subparagraph (A), the
individual shall be permitted to cast a provisional ballot
with respect to the election under section 302(a), except
that the appropriate State or local election official may not
make a determination under section 302(a)(4) that the
individual is eligible under State law to vote in the
election unless, not later than 3 days after casting the
provisional ballot, the individual presents to the official—
“(I) the identification required under subparagraph (A);
or
“(II) an affidavit developed and made available to the
individual by the State attesting that the individual does
not possess the identification required under subparagraph
(A) because the individual has a religious objection to being
photographed.
“(ii) No effect on other provisional balloting rules.—
Nothing in clause (i) may be construed to apply to the
casting of a provisional ballot pursuant to section 302(a) or
any State law for reasons other than the failure to present
the identification required under subparagraph (A).
“(2) Individuals voting other than in person.—
“(A) In general.—Notwithstanding any other provision of
law and except as provided in subparagraph (B), the
appropriate State or local election official may not accept
any ballot for an election for Federal office provided by an
individual who votes other than in person unless the
individual submits with the ballot—
“(i) a copy of a valid photo identification; or
“(ii) the last four digits of the individual's Social
Security number and an affidavit developed and made available
to the individual by the State attesting that the individual
is unable to obtain a copy of a valid photo identification
after making reasonable efforts to obtain such a copy.
“(B) Exceptions.—Subparagraph (A) does not apply with
respect to a ballot provided by—
“(i) an absent uniformed services voter, as defined in
section 107(1) of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20310(1)); or
“(ii) an individual provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii) of the Voting
Accessibility for the Elderly and Handicapped Act (52 U.S.C.
20102(b)(2)(B)(ii)).
“(b) Providing Public Access to Digital Imaging Devices.—
With respect to each State, the appropriate State or local
government official of the State shall ensure, to the extent
practicable, public access to a digital imaging device, which
shall include a printer, copier, image scanner, or
multifunction machine, at State and local government
buildings in the State, including courts, libraries, and
police stations, for the purpose of allowing individuals to
use such a device at no cost to the individual to make a copy
of a valid photo identification.
“(c) Valid Photo Identifications Described.—For purposes
of this section, a `valid photo identification' means, with
respect to an individual who seeks to vote in a State, any of
the following:
“(1) A valid State-issued motor vehicle driver's license
that includes a photo of the individual and an expiration
date.
“(2) A valid State-issued identification card that
includes a photo of the individual and an expiration date
issued by a State motor vehicle authority.
“(3) A valid United States passport for the individual.
“(4) A valid military identification for the individual.
“(5) A valid identification document issued by a Tribal
government that includes a photo of the individual and an
expiration date.
“(d) Notification of Identification Requirement to
Applicants for Voter Registration.—
“(1) In general.—Each State shall ensure that, at the
time an individual applies to register to vote in elections
for Federal office in the State, the appropriate State or
local election official notifies the individual of the photo
identification requirements of this section.
“(2) Special rule for individuals applying to register to
vote online.—Each State shall ensure that, in the case of an
individual who applies to register to vote in elections for
Federal office in the State online, the online voter
registration system notifies the individual of the photo
identification requirements of this section before the
individual completes the online registration process.
“(e) Valid Military Identification Defined.—For purposes
of this section, the term `valid military identification'
means any photo identification card issued by the Department
of Defense or the Department of Veterans Affairs.
“(f) Effective Date.—This section shall take effect 1 day
after the date of the enactment of this section, and shall
apply with respect to elections for Federal office held on or
after such date.”.
(2) Clerical amendment.—The table of contents of such Act
is amended by inserting after the item relating to section
303 the following new item:
“Sec. 303A. Photo identification requirements.”.
(b) Conforming Amendment Relating to Voluntary Guidance by
Election Assistance Commission.—Section 311(b) of such Act
(52 U.S.C. 21101(b)) is amended—
(1) by striking “and” at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting “; and”; and
(3) by adding at the end the following new paragraph:
“(4) in the case of the recommendations with respect to
section 303A, the date of enactment of this paragraph.”.
(c) Conforming Amendment Relating to Enforcement.—Section
401 of such Act (52 U.S.C. 21111) is amended by striking
“sections 301, 302, 303, and 304” and inserting “subtitle
A of title III”.
(d) Effective Date.—This section and the amendments made
by this section shall take effect 1 day after the date of the
enactment of this Act, and shall apply with respect to
elections for Federal office held on or after such date.
SA 4733. Mr. WARNOCK submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the “Capping Prescription Costs
Act of 2026”.
SEC. 2. CAP ON PRESCRIPTION DRUG COST-SHARING.
(a) Qualified Health Plans.—Section 1302(c) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18022(c)) is
amended—
(1) in paragraph (3)(A)(i), by inserting “, including
cost-sharing with respect to prescription drugs covered by
the plan” after “charges”; and
(2) by adding at the end the following:
“(5) Prescription drug cost-sharing.—
“(A) 2027.—For plan years beginning in 2027, the cost-
sharing incurred under a health plan with respect to
prescription drugs covered by the plan shall not exceed
$2,000 per year for each enrolled individual, or $4,000 per
year for each family.
“(B) 2028 and later.—
“(i) In general.—In the case of any plan year beginning
in a calendar year after 2027, the limitation under this
paragraph shall be equal to the applicable dollar amount
under subparagraph (A) for plan years beginning in 2027,
increased by an amount equal to the product of that amount
and the medical care component of the consumer price index
for all urban consumers (as published by the Bureau of Labor
Statistics) for that year.
“(ii) Adjustment to amount.—If the amount of any increase
under clause (i) is not a multiple of $5, such increase shall
be rounded to the next lowest multiple of $5.”.
(b) Group Health Plans.—
(1) Public health service act.—Part D of title XXVII of
the Public Health Service Act (42 U.S.C. 300gg-111 et seq.)
is amended by inserting after section 2799A-5 (42 U.S.C.
300gg-115) the following:
“SEC. 2799A-6. CAP ON PRESCRIPTION DRUG COST-SHARING FOR
GROUP HEALTH PLANS.
“A group health plan and health insurance issuer offering
group health insurance coverage shall ensure that any cost-
sharing imposed under the plan or coverage with respect to
prescription drugs covered by the plan or coverage does not
exceed the limitations provided for under paragraph (5) of
section 1302(c) of the Patient Protection and Affordable Care
Act.”.
(2) Employee retirement income security act.—
(A) In general.—Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act (29 U.S.C.
1185 et seq.) is amended by inserting after section 720 (29
U.S.C. 1185i) the following:
“SEC. 721. CAP ON PRESCRIPTION DRUG COST-SHARING.
“A group health plan and health insurance issuer offering
group health insurance coverage shall ensure that any cost-
sharing imposed under the plan or coverage with respect to
prescription drugs covered by the plan or coverage does not
exceed the limitations provided for under paragraph (5) of
section 1302(c) of the Patient Protection and Affordable Care
Act.”.
(B) Clerical amendment.—The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 note) is amended by inserting after the item
relating to section 720 the following:
“Sec. 721. Cap on prescription drug cost-sharing”.
(3) Internal revenue code of 1986.—
(A) In general.—Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by inserting after
section 9820 the following:
“SEC. 9821. CAP ON PRESCRIPTION DRUG COST-SHARING.
“A group health plan shall ensure that any cost-sharing
imposed under the plan with respect to prescription drugs
covered by the plan does not exceed the limitations provided
for under paragraph (5) of section 1302(c) of the Patient
Protection and Affordable Care Act.”.
(B) Clerical amendment.—The table of sections for
subchapter B of chapter 100 of
the Internal Revenue Code of 1986 is amended by inserting
after the item relating to section 9820 the following:
“Sec. 9821. Cap on prescription drug cost-sharing”.
(c) Effective Date.—The amendments made by subsections (a)
and (b) shall take effect with respect to plan years
beginning on or after January 1, 2027.
SA 4734. Mr. WARNOCK submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
In lieu of the matter proposed to be inserted, insert the
following:
SECTION 1. REPEAL OF CHANGES TO MEDICAID STATE DIRECTED
PAYMENTS.
(a) Repeal.—Section 71116 of the Act titled “An Act to
provide for reconciliation pursuant to title II of H. Con.
Res. 14” (Public Law 119-21) is repealed and the provisions
of such section shall have no force and effect.
(b) Rescission.—The amounts appropriated under section
71116(e) of the Act titled “An Act to provide for
reconciliation pursuant to title II of H. Con. Res. 14”
(Public Law 119-21) are hereby rescinded.
SA 4735. Mr. RICKETTS (for himself and Mrs. Fischer) submitted an amendment intended to be proposed to amendment SA 4420 proposed by Mr. Thune (for Mr. Schmitt) to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
On page 42, line 21, strike “or”.
On page 43, line 3, strike “subsection (c)(4).” and
insert “subsection (c)(4); or”.
On page 43, between lines 3 and 4, insert the following:
(F) is a resident of a rural county with a population of
10,000 residents or less that has been certified to conduct
elections for Federal office by mail in accordance with
subsection (c)(5)(B).
On page 45, between lines 17 and 18, insert the following:
(5) Rural counties.—
(A) Individual requirement.—An individual seeking an
absentee ballot under subsection (a)(1)(F) shall submit,
together with the request required under subsection (b), a
sworn certification that the individual is a resident of a
rural county with a population of 10,000 residents or less
that has been certified to conduct elections for Federal
office by mail under subparagraph (B) of this paragraph,
including documentation that is reasonably sufficient to
establish such residency.
(B) Rural county requirements.—
(i) In general.—A rural county with a population of 10,000
residents or less may conduct elections for Federal office by
mail if the chief election official of the State in which the
rural county is located submits to the Election Assistance
Commission—
(I) a certification that the rural county has a population
of 10,000 residents or less; and
(II) a written plan for the conduct of elections for
Federal office by mail in the applicable rural county,
certifying that the rural county shall—
(aa) maintain not fewer than 1 in-person voting locations;
and
(bb) provide an option for the return of ballots by the
voter, in person, to an office of the appropriate election
official or to a polling place or other location designated
by the State for the return of absentee ballots.
(ii) Responsibilities of the election assistance
commission.—
(I) Review.—The Election Assistance Commission shall
review each certification submitted under clause (i).
(II) Guidance.—The Election Assistance Commission shall
issue guidance relating to additional requirements for the
conduct of elections for Federal office by mail in rural
counties with populations of 10,000 residents or less under
this subparagraph and certifications under clause (i).
On page 45, line 18, strike “(5)” and insert “(6)”.
SA 4736. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . CRYPTO ATM FRAUD PREVENTION.
(a) Registration With the Secretary of the Treasury.—
Section 5330 of title 31, United States Code, is amended—
(1) in subsection (d)—
(A) in paragraph (1)(A), by inserting “, any person who
owns, operates, or manages a virtual currency kiosk in the
United States or its territories,” after “similar
instruments”; and
(B) by adding at the end the following:
“(3) Virtual currency; virtual currency address; virtual
currency kiosk; virtual currency kiosk operator.—The terms
`virtual currency', `virtual currency address', `virtual
currency kiosk', and `virtual currency kiosk operator' have
the meanings given those terms, respectively, in section
5337.”; and
(2) by adding at the end the following:
“(f) Registration of Virtual Currency Kiosk Locations.—
“(1) In general.—Not later than 90 days after the
effective date of this subsection, and not less than once
every 90 days thereafter, the Secretary of the Treasury shall
require virtual currency kiosk operators to submit an updated
list containing the physical address of each virtual currency
kiosk owned or operated by the virtual currency kiosk
operator.
“(2) Form and manner of registration.—Each submission by
a virtual currency kiosk operator pursuant to paragraph (1)
shall include—
“(A) the legal name of the virtual currency kiosk
operator;
“(B) any fictitious or trade name of the virtual currency
kiosk operator;
“(C) the physical address of each virtual currency kiosk
owned, operated, or managed by the virtual currency kiosk
operator that is located in the United States or the
territories of the United States;
“(D) the start date of operation of each virtual currency
kiosk;
“(E) the end date of operation of each virtual currency
kiosk, if applicable; and
“(F) each virtual currency address used by the virtual
currency kiosk operator.
“(3) False and incomplete information.—The filing of
false or materially incomplete information in a submission
required under paragraph (1) shall be deemed a failure to
comply with the requirements of this subsection.”.
(b) Preventing Fraudulent Transactions at Virtual Currency
Kiosks.—
(1) In general.—Subchapter II of Chapter 53 of Title 31,
United States Code, is amended by adding at the end the
following:
“Sec. 5337. Virtual currency kiosk fraud prevention
“(a) Definitions.—In this section:
“(1) Blockchain analytics.—The term `blockchain
analytics' means the analysis of data from blockchains or
public distributed ledgers, and associated transaction
information, to provide risk-specific information about
virtual currency transactions and virtual currency addresses.
“(2) Customer.—The term `customer' means any person that
purchases or sells virtual currency through a virtual
currency kiosk.
“(3) Existing customer.—The term `existing customer'
means a customer other than a new customer.
“(4) FinCEN.—The term `FinCEN' means the Financial Crimes
Enforcement Network of the Department of the Treasury.
“(5) New customer.—The term `new customer', with respect
to a virtual currency kiosk operator, means a customer during
the 14-day period beginning on the date of the first virtual
currency kiosk transaction of the customer with the virtual
currency kiosk operator.
“(6) Transaction hash.—The term `transaction hash' means
a unique identifier made up of a string of characters that
act as a record of and provide proof that a transaction was
verified and added to the blockchain.
“(7) Virtual currency.—The term `virtual currency' means
any digital representation of value that is recorded on a
cryptographically secured distributed ledger or any similar
technology or another implementation, which was designed and
built as part of a system to leverage or replace blockchain,
distributed ledger technology, or their derivatives.
“(8) Virtual currency address.—The term `virtual currency
address' means an alphanumeric identifier associated with a
virtual currency wallet identifying the location to which
virtual currency purchased through a virtual currency kiosk
can be sent or from which virtual currency sold through a
virtual currency kiosk can be accessed.
“(9) Virtual currency kiosk.—The term `virtual currency
kiosk' means a stand-alone machine—
“(A) that is capable of accepting or dispensing legal
tender in exchange for virtual currency; or
“(B) through which a person acting on the behalf of, or a
mechanical agent of, the virtual currency kiosk operator of
the machine may enable the virtual currency kiosk operator to
facilitate the exchange of legal tender for virtual currency,
including by—
“(i) connecting directly to a separate virtual currency
exchange that performs a virtual currency kiosk transaction;
or
“(ii) drawing upon the virtual currency in the possession
of the virtual currency kiosk operator.
“(10) Virtual currency kiosk operator.—The term `virtual
currency kiosk operator' means a person who owns, operates,
or manages a virtual currency kiosk located in the United
States or its territories.
“(11) Virtual currency kiosk transaction.—The term
`virtual currency kiosk transaction' means the purchase or
sale of virtual currency via a virtual currency kiosk.
“(12) Virtual currency wallet.—The term `virtual currency
wallet' means a software application or other mechanism
providing a means for holding, storing, and transferring
virtual currency.
“(b) Disclosures.—Before entering into a virtual currency
transaction with a customer, a virtual currency kiosk
operator shall disclose in a clear, conspicuous, and easily
readable manner—
“(1) all relevant terms and conditions of the virtual
currency kiosk transaction, including—
“(A) the amount of the virtual currency kiosk transaction;
“(B) the type and nature of the virtual currency kiosk
transaction;
“(C) a warning that the virtual currency kiosk transaction
is final, is not refundable, and may not be reversed;
“(D) the type and amount of any fees or other expenses
paid by the customer; and
“(E) the exchange rates of—
“(i) the virtual currency to United States dollars, with
respect to the virtual currency kiosk transaction; and
“(ii) the virtual currency to United States dollars on the
global marketplace;
“(2) a warning relating to consumer fraud including—
“(A) a warning that consumer fraud often starts with
contact from a stranger, and that the customer should never
send money to someone they do not know;
“(B) a warning about the most common types of fraudulent
schemes involving virtual currency kiosks, such as—
“(i) impersonation of a government official or a bank
representative;
“(ii) threats of jail time or financial penalties;
“(iii) offers of a job or reward in exchange for payment,
or offers of deals that seem too good to be true;
“(iv) claims of a frozen bank account or credit card; or
“(v) requests for donations to charity or disaster relief;
and
“(C) a statement that the customer should contact the
virtual currency kiosk operator's customer service helpline
or State or local law enforcement if they suspect fraudulent
activity; and
“(3) a disclosure relating to the material risks
associated with virtual currency and virtual currency
transactions, including disclosures to the effect of—
“(A) virtual currency is not issued or backed by the
United States Government and is not legal tender;
“(B) a virtual currency is not subject to protections by
the Federal Deposit Insurance Corporation, National Credit
Union Administration, or Securities Investor Protection
Corporation;
“(C) virtual currency transactions involve risk as the
value of virtual currencies is derived from supply and demand
in the global marketplace and virtual currencies may lose
value; and
“(D) a person or business that accepts virtual currency as
payment today may not accept virtual currency as payment in
the future.
“(c) Acknowledgment of Disclosures.—
“(1) In general.—Each time a customer uses a virtual
currency kiosk, the virtual currency kiosk operator shall
ensure acknowledgment of all disclosures required under
subsection (b) via confirmation of consent of the customer at
the virtual currency kiosk.
“(2) Refund eligibility.—Many disclosures under this
section are intended to serve as warnings to customers who
may be conducting a virtual currency kiosk transaction as a
result of a scam. The acknowledgment of the disclosures
required under this section shall not affect eligibility or
prevent a fraud victim from being eligible for a refund.
“(d) Receipts.—Upon completion of each virtual currency
kiosk transaction, the virtual currency kiosk operator shall
provide the customer with a receipt, which shall include the
following information:
“(1) The name and contact information of the virtual
currency kiosk operator, including a telephone number for a
customer service helpline.
“(2) The name of the customer.
“(3) The type, value, date, and precise time of the
virtual currency kiosk transaction, transaction hash, and
each applicable virtual currency address.
“(4) The amount of the virtual currency kiosk transaction
expressed in United States dollars.
“(5) All fees charged.
“(6) A statement that the customer may be entitled by law
to a refund if the customer reports fraudulent activity in
conjunction with the virtual currency kiosk transaction not
later than 30 days after the date of the virtual currency
kiosk transaction.
“(7) The refund policy of the virtual currency kiosk
operator or a Uniform Resource Locator where the refund
policy of the virtual currency kiosk operator can be found.
“(8) A statement that the customer should contact law
enforcement if they suspect fraudulent activity, such as
scams, including contact information for a relevant law
enforcement or government agency.
“(9) Any additional information the virtual currency kiosk
operator determines appropriate.
“(e) Physical Receipts Required.—Not later than 1 year
after the effective date of this section, each receipt
required under subsection (d) shall be issued to the customer
as a physical receipt at the virtual currency kiosk at the
time of the virtual currency kiosk transaction, but such
receipt may also be provided in additional forms or
communications.
“(f) Anti-fraud Policy.—
“(1) In general.—Each virtual currency kiosk operator
shall take reasonable steps to detect and prevent fraud,
including establishing and maintaining a written anti-fraud
policy that includes—
“(A) the identification and assessment of fraud-related
risk areas;
“(B) procedures and controls to protect against risks
identified under subparagraph (A);
“(C) allocation of responsibility for monitoring the risks
identified under subparagraph (A); and
“(D) procedures for the periodic evaluation and revision
of the anti-fraud procedures, controls, and monitoring
mechanisms under subparagraphs (B) and (C).
“(2) Submission of anti-fraud policy to fincen.—Each
virtual currency kiosk operator shall submit to FinCEN the
anti-fraud policy required under paragraph (1) not later than
90 days after the later of—
“(A) the effective date of this section; or
“(B) the date on which the virtual currency kiosk operator
begins operating.
“(g) Appointment of Compliance Officer.—Each virtual
currency kiosk operator shall designate and employ a
compliance officer who—
“(1) is qualified to coordinate and monitor compliance
with this section and all other applicable Federal and State
laws, rules, and regulations;
“(2) is employed full-time by the virtual currency kiosk
operator;
“(3) is not the chief executive officer of the virtual
currency kiosk operator; and
“(4) does not own or control more than 20 percent of any
interest in the virtual currency kiosk operator.
“(h) Use of Blockchain Analytics.—
“(1) In general.—Each virtual currency kiosk operator
shall use blockchain analytics to prevent sending virtual
currency to a virtual currency wallet known to be affiliated
with fraudulent activity at the time of a virtual currency
kiosk transaction and to detect transaction patterns
indicative of fraud or other illicit activities.
“(2) Compliance.—The Director of FinCEN may request
evidence from any virtual currency kiosk operator to confirm
compliance with this subsection.
“(i) Verbal Confirmation Required Before New Customer
Transactions.—
“(1) In general.—Before entering into a virtual currency
kiosk transaction valued at 300 dollars or more with a new
customer, a virtual currency kiosk operator shall obtain
verbal confirmation from the new customer that—
“(A) the new customer wishes to proceed with the virtual
currency kiosk transaction;
“(B) the new customer understands the nature of the
virtual currency kiosk transaction; and
“(C) the new customer is not being fraudulently induced to
engage in the transaction.
“(2) Reasonable effort.—A virtual currency kiosk operator
shall make a reasonable effort to determine whether the
customer is being fraudulently induced to engage in the
virtual currency kiosk transaction.
“(3) Method of confirmation.—Each verbal confirmation
required under paragraph (1) shall be given by way of a live
telephone or video call to a person employed by, or on behalf
of, the virtual currency kiosk operator.
“(j) Refunds.—
“(1) In general.—
“(A) New customers.—Not later than 30 days after
receiving an application under paragraph (2), a virtual
currency kiosk operator shall issue a refund to a customer
for the full amount of each virtual currency kiosk
transaction, including the dollar value of virtual currency
exchanged and all transaction fees, made during the period in
which the customer was a new customer and for which the
customer was fraudulently induced to engage in the virtual
currency kiosk transaction.
“(B) Existing customers.—Not later than 30 days after
receiving an application under paragraph (2), a virtual
currency kiosk operator shall issue a refund to a customer
for the full amount of all transaction fees associated with
each virtual currency kiosk transaction made during the
period in which the customer was an existing customer and for
which the customer was fraudulently induced to engage in the
virtual currency kiosk transaction.
“(2) Application.—A customer seeking a refund under
paragraph (1) shall, not later than 90 days after the date of
the virtual currency kiosk transaction, submit an application
to the virtual currency kiosk operator that includes the
following:
“(A) The name, address, and phone number of the customer.
“(B) The transaction hash of the virtual currency kiosk
transaction or information sufficient to determine the type,
value, date, and time of the virtual currency kiosk
transaction.
“(C) A copy of a report to a State or local law
enforcement or government agency, made not later than 90 days
after the virtual currency kiosk transaction, that includes a
sworn affidavit attesting that the customer was fraudulently
induced to engage in the virtual currency kiosk transaction.
“(3) Enhanced damages.—Any person who knowingly denies a
refund to a customer who is entitled to a refund pursuant to
paragraph (1) shall be liable to the customer for 3 times the
amount of the refund owed under that paragraph or $10,000,
whichever is greater. A penalty under this paragraph shall be
in addition to any penalty under subsection (o).
“(k) Transaction Limits.—
“(1) In a 24-hour period.—During any 24-hour period, a
virtual currency kiosk operator shall not accept more than—
“(A) $1,000, or the equivalent amount in virtual currency,
from any new customer; or
“(B) $2,000, or the equivalent amount in virtual currency,
from any existing customer.
“(2) Total.—A virtual currency kiosk operator shall not
accept a total of more than $5,000, or the equivalent amount
in virtual currency, from any new customer.
“(l) Transaction Freezes With Respect to New Customers.—
“(1) In general.—Each virtual currency kiosk operator
shall place a 48-hour transaction freeze for new customer for
each transaction made during 14-day period during which a
customer is a new customer.
“(2) Lifting of the transaction freeze.—A virtual
currency kiosk operator may automatically lift a transaction
freeze under paragraph (1) after the 48-hours freeze period
unless the customer contacts the virtual currency kiosk
operator before the end of the 48-hour freeze period to
report fraudulent activity.
“(m) Customer Service Helpline.—Each virtual currency
kiosk operator shall provide live customer service during all
hours that the virtual currency kiosk operator accepts
virtual currency kiosk transactions, the phone number for
which is regularly monitored and displayed in a clear,
conspicuous, and easily readable manner upon each virtual
currency kiosk.
“(n) Communications With Law Enforcement.—
“(1) In general.—Each virtual currency kiosk operator
shall provide a dedicated and frequently monitored phone
number and email address for relevant law enforcement and
government agencies to facilitate communication with the
virtual currency kiosk operator in the event of reported or
suspected fraudulent activity.
“(2) Submission.—Not later than 90 days after the
effective date of this section, each virtual currency kiosk
operator shall submit the phone number and email address
described in paragraph (1) to FinCEN and all other relevant
law enforcement and government agencies.
“(o) Civil Penalties.—
“(1) In general.—Any person who fails to comply with any
requirement of this section, or any regulation prescribed
under this section, shall be liable to the United States for
a civil monetary penalty of $10,000 for each such violation.
“(2) Continuing violation.—Each day that a violation
described in paragraph (1) continues shall constitute a
separate violation for purposes of such paragraph.
“(3) Assessments.—Any penalty imposed under this section
shall be assessed and collected by the Secretary of the
Treasury as provided in section 5321 and any such assessment
shall be subject to the provisions of that section.
“(p) Relationship to State Laws.—The provisions of this
section shall preempt any State law, rule, or regulation only
to the extent that such State law, rule, or regulation
conflicts with a provision of this section. Nothing in this
section shall be construed to prohibit a State from enacting
a law, rule, or regulation that provides greater protection
to customers than the protection provided by the provisions
of this section.”.
(2) Clerical amendment.—The table of sections for chapter
53 of title 31, United States Code, is amended by inserting
after the item relating to section 5336 the following: “5337. Virtual currency kiosk fraud prevention.”.
(c) Effective Date.—The amendments made by this section
shall take effect 90 days after the date of enactment of this
Act.
SA 4737. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
In lieu of the matter proposed to be inserted, insert the
following:
SECTION 1. INVESTIGATION INTO THE DEPARTMENT OF GOVERNMENT
EFFICIENCY.
(a) Audit.—The Inspector General of the Social Security
Administration shall investigate the actions of the
Department of Government Efficiency with respect to the
Social Security Administration to examine—
(1) the extent to which members of the Department of
Government Efficiency illegally accessed or disclosed
information from any beneficiary data system; and
(2) whether any such members of the Department of
Government Efficiency should be referred to the Department of
Justice for criminal prosecution.
(b) Department of Government Efficiency.—For purposes of
this section, the term “Department of Government
Efficiency” means—
(1) the United States DOGE Service;
(2) the United States DOGE Service Temporary Organization;
(3) any DOGE team (as defined in any of the Executive
orders described in subsection (c)(1));
(4) any entity established in accordance with, or to
implement, any Executive order described in subsection (c);
and
(5) any successor entity to an entity described in
paragraphs (1) through (4).
(c) Executive Orders.—The Executive orders described in
this subsection are—
(1) Executive Orders 14158, 14210, 14219, and 14222 (90
Fed. Reg. 8441, 9669, 10583, 11095); and
(2) any other Executive order relating to any entity
described in paragraph (1), (2), (3), or (5) of subsection
(b).
(d) Beneficiary Data System Defined.—In this section, the
term “beneficiary data system” means a system that is
maintained by the Social Security Administration for the
purposes of administering the Social Security Act that—
(1) issues or records social security account numbers;
(2) is used to determine eligibility for benefits under
such Act;
(3) to pay benefits under such Act; or
(4) otherwise contains records of personally identifiable
information, personal health information, or Federal tax
information of individuals receiving or applying for a
benefit under such Act.
SA 4738. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. SENSE OF CONGRESS ON LIFTING OIL SANCTIONS WITH
RESPECT TO THE RUSSIAN FEDERATION AND IRAN.
It is the sense of Congress that neither the President nor
any other official of the executive branch should waive,
suspend, or terminate sanctions with respect to oil of
Russian or Iranian origin or related vessels while the
Russian Federation continues to bomb Ukraine or refuses to
constructively participate in peace talks brokered by the
United States between the Russian Federation and Ukraine.
SA 4739. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . PROTECTIONS RELATING TO FREQUENT FLYER PROGRAMS
AND CO-BRANDED CREDIT CARDS.
(a) In General.—Chapter 423 of title 49, United States
Code, is amended by adding at the end the following new
section:
“SEC. 42309. PROTECTIONS RELATING TO FREQUENT FLYER PROGRAMS
AND CO-BRANDED CREDIT CARDS.
“(a) Protections Related to Points, Miles, and Other
Accrued Value.—
“(1) Value disclosure.—Not later than 90 days after the
date of enactment of this section, each covered air carrier
shall—
“(A) prominently display on each page of the website and
mobile application of the air carrier information regarding
the financial value of one point, mile, or other accrued
value promised or offered in connection with a frequent flyer
program;
“(B) in the case that any such financial value differs
between various co-branded credit cards, or tiers or
iterations of loyalty programs, display information regarding
each differing financial value in a central location on the
website and mobile application of the air carrier; and
“(C) update, in real time, any change to the information
displayed pursuant to subparagraph (A) or (B).
“(2) Expiration of points.—A covered air carrier shall
not place an expiration date on any points, miles, or other
accrued value promised or offered in connection with a
frequent flyer program.
“(3) Transfer of points.—
“(A) In general.—A covered air carrier shall—
“(i) allow a consumer participating in a frequent flyer
program to transfer any amount of points, miles, or other
accrued value of the consumer to another participant (chosen
by the consumer) of the same frequent flyer program; and
“(ii) guarantee that, with respect to any such transfer,
the points, miles, or other accrued value remain equal in
value once transferred.
“(B) Limitations.—A covered air carrier shall not—
“(i) limit the number of points, miles, or other accrued
value that a consumer may transfer to another participant of
the frequent flyer program, except to protect a consumer from
fraud or scams as prescribed by regulation; or
“(ii) impose a fee or other penalty on the consumer in
connection with such transfer.
“(4) Fees for points.—A covered air carrier shall not
impose a fee or other penalty on the consumer to access, use,
redeem, or redeposit points, miles, or other accrued value.
“(5) Display of airfare value.—
“(A) In general.—Not later than 1 year after the date of
enactment of this section, each covered air carrier shall
display on any travel booking page of the website and mobile
application of the air carrier—
“(i) the cost of airfare or other ancillary fees both in
dollar value and in the value of points, miles, or other
accrued value promised or offered in connection with a
frequent flyer program; and
“(ii) in the case that any cost described in clause (i)
differs between various co-branded credit cards, or tiers or
iterations of loyalty
programs, information regarding each such differing cost.
“(B) Manner.—An air carrier shall display the information
required under subparagraph (A) in a manner that—
“(i) displays all costs described in such subparagraph
concurrently; and
“(ii) does not require a consumer to alternate between
methods to display such costs.
“(C) Updates.—An air carrier shall update, in real time,
any change to the information required to be displayed under
subparagraph (A).
“(6) Display of redemption rates.—Not later than 1 year
after the date of enactment of this section, each covered air
carrier shall—
“(A) display on a page of the website and mobile
application of the air carrier the percentage rate of points,
miles, or other accrued value that consumers successfully
used or redeemed in the preceding 12 months; and
“(B) update such percentage rate on an annual basis.
“(7) Airfare and ancillary fee transactions.—Not later
than 1 year after the date of enactment of this section, each
covered air carrier shall offer to consumers the ability to
purchase airfare or other ancillary fees in any combination
of dollars and points, miles, or other accrued value promised
or offered in connection with a frequent flyer program.
“(8) Account security.—Not later than 90 days after the
date of enactment of this section, each covered air carrier
shall—
“(A) require multi-factor authentication for access to a
frequent flyer program account; and
“(B) implement other reasonable data security protections
as the Secretary may require.
“(b) Consumer Notice of Changes to Terms of Service.—
“(1) Changes to terms of services.—With respect to the
terms of service, contract of carriage, or other customer
agreement of any frequent flyer program or airline co-branded
credit card of a covered air carrier, the covered air carrier
shall not include any provision that reserves the right of
the covered air carrier to make changes to the terms of
service, contract of carriage, or other customer agreement
without providing to the consumer at least 1 year of notice
of any such change.
“(2) Notice to consumers.—A covered air carrier shall not
take any action that would allow the covered air carrier to
devalue a consumer's accrued points, miles, or other accrued
value promised or offered in connection with a frequent flyer
program, including any action to decrease the dollar value,
eliminate, reduce, suspend, forfeit, invalidate, impose new
limits on the access, use, redemption, or validity, or impose
new requirements or expense for the redemption or use of any
such points, miles, or other accrued value unless the covered
air carrier has provided to consumers not fewer than 1 year
of notice of any such action.
“(3) Coordination with cfpb and ftc.—In carrying out
paragraphs (1) and (2), the Secretary shall coordinate with
the Director of the Consumer Financial Protection Bureau and
the Commissioners of the Federal Trade Commission, as
necessary.
“(c) Definitions.—In this section:
“(1) Ancillary fee.—The term `ancillary fee' means any
fee paid for service that a consumer may add to a flight
booking for an additional cost, or may purchase as an in-
flight service, including seating options, baggage,
beverages, food, early boarding, lounge access, internet or
wifi access, or any other service determined appropriate by
the Secretary.
“(2) Co-branded credit card.—The term `co-branded credit
card' means a credit card jointly offered by a covered air
carrier in partnership with a credit card issuer, with an
emphasis on rewarding brand loyalty.
“(3) Covered air carrier.—The term `covered air carrier'
means an air carrier (including any program partner of such
air carrier or a foreign airline partnership that includes
such air carrier) conducting passenger operations under part
121 of title 14, Code of Federal Regulations, that offers a
frequent flyer program.
“(4) Frequent flyer program.—The term `frequent flyer
program' means a program in which a covered air carrier
promises or offers points, miles, or other accrued value for
tickets purchased from the covered air carrier.
“(5) Secretary.—The term `Secretary' means the Secretary
of Transportation.
“(d) Regulations.—The Secretary may issue such
regulations as may be necessary to implement this section.”.
(b) Clerical Amendment.—The analysis for chapter 423 of
title 49, United States Code, is amended by inserting after
the item relating to section 42308 the following:
“42309. Protections relating to frequent flyer programs and co-branded
credit cards.”.
SA 4740. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . PROHIBITION ON BAILOUTS OF DIGITAL ASSET MARKET
PARTICIPANTS.
(a) Definitions.—In this section:
(1) Blockchain.—The term “blockchain” means technology—
(A) through which data is shared across a network that
creates a public blockchain of verified transactions or
information among network participants; and
(B) in which cryptography is used to link the data
described in subparagraph (A)—
(i) to maintain the integrity of the blockchain described
in that subparagraph; and
(ii) to execute other functions
(2) Decentralized finance trading protocol.—The term
“decentralized finance trading protocol” means a blockchain
system through which multiple participants can execute a
financial transaction—
(A) in accordance with an automated rule or algorithm that
is predetermined and non-discretionary; and
(B) without reliance on any other person to maintain
control of the digital assets of the user during any part of
the financial transaction.
(3) Digital asset intermediary.—The term “digital asset
intermediary” means any person that provides services that
are financial in nature, as defined in section 4(k)(4) of the
Bank Holding Company Act (12 U.S.C. 1843(k)(4)), with respect
to any digital asset.
(4) Financial service provider.—The term “financial
service provider” means a financial service provider that is
regulated by a Federal banking agency, as defined in section
3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).
(5) GENIUS act terms.—The terms “digital asset”,
“digital asset service provider”, and “distributed ledger
protocol” have the meanings given those terms, respectively,
in section 2 of the GENIUS Act (12 U.S.C. 5901).
(b) Prohibition on Financial Assistance.—A Federal agency
may not provide financial assistance to a digital asset
intermediary, digital asset service provider, distributed
ledger protocol, decentralized finance trading protocol, or
financial service provider with respect to digital asset
activities, to prevent the failure or bankruptcy of the
digital asset commodity intermediary.
(c) Emergency Liquidity Facilities.—A digital asset
intermediary, digital asset service provider, distributed
ledger protocol, decentralized finance trading protocol, or
financial service provider with respect to digital asset
activities may not have access to any emergency liquidity
facility established under section 13(3) of the Federal
Reserve Act ( 12 U.S.C. 343).
(d) Exchange Stabilization Fund.—The Secretary of the
Treasury may not use any amounts in the Exchange
Stabilization Fund established under section 5302 of title
31, United States Code, for the benefit of any digital asset
intermediary, digital asset service provider, distributed
ledger protocol, decentralized finance trading protocol or
financial service provider with respect to digital asset
activities.
(e) Rule of Construction.—The prohibition under subsection
(b) shall not alter the Federal Reserve's authority to lend
to depository institutions under section 10B of the Federal
Reserve Act (12 U.S.C. 347b).
SA 4741. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. DATA CENTER WATER AND ENERGY TRANSPARENCY.
(a) Definitions.—In this section:
(1) Administrator.—The term “Administrator” means the
Administrator of the Environmental Protection Agency.
(2) Data center terms.—The terms “data center” and
“data center operator” have the meanings given those terms
in section 453(a) of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17112(a)).
(3) Energy use.—The term “energy use”, with respect to
data centers, means the total quantity of electricity and
other forms of energy consumed on site by that data center,
as measured in kilowatt-hours.
(4) Power usage effectiveness.—The term “power usage
effectiveness” has the meaning given the term in ISO/IEC
30134-2:2026 of the International Organization for
Standardization (or a successor standard).
(5) Secretaries.—The term “Secretaries” means the
Secretary of Energy and the Secretary of Agriculture.
(6) State.—The term “State” means—
(A) each of the several States;
(B) a territory of the United States;
(C) the Federated States of Micronesia;
(D) the Republic of the Marshall Islands;
(E) the Republic of Palau;
(F) an Indian tribe included on the list most recently
published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131); and
(G) the District of Columbia.
(7) Unit of local government.—The term “unit of local
government” means any county, parish, city, town, township,
village, or other general purpose political subdivision of a
State with the power to levy taxes, expend Federal, State,
and local funds, and exercise governmental powers.
(8) Water usage effectiveness.—The term “water usage
effectiveness” has the
meaning given the term in ISO/IEC 30134-9:2022 of the
International Organization for Standardization (or a
successor standard).
(9) Water use.—The term “water use”, with respect to a
data center, means the total amount of water consumed on-site
by a data center, including water used for cooling, as
measured in gallons.
(b) Data Center Mandatory Reporting and Information
Requirement.—
(1) Data collection.—
(A) Report to state.—
(i) In general.—Beginning not later than 1 year after the
date of enactment of this Act but subject to subparagraph
(B), each data center operator with 1 or more data centers in
a State shall submit to that State an annual report that,
with respect to each data center in the State with a peak
demand of not less than 25 megawatts operated by that data
center operator, describes—
(I) on-site energy use and water use for the preceding
calendar year, including—
(aa) total energy use during each month of that calendar
year;
(bb) if the data center relies on behind-the-meter power
generation, the method to generate that power;
(cc) total water use and the source of that water during
each month of that calendar year; and
(dd) annual average power usage effectiveness and water
usage effectiveness;
(II) projected on-site energy use and water use for not
less than the following 5 calendar years, which shall include
proposals for reducing the energy use and water use of the
data center and the increases in efficiency that are
anticipated to result from those proposals; and
(III) such other information as the State may require.
(ii) Form.—A data center operator shall submit a report
under clause (i) in such form and in such manner as the
applicable State may require.
(iii) Fees authorized.—A State may, in requiring the
reports described in this subparagraph, assess fees on data
center operators to support data collection under this
subparagraph.
(B) Report to administrator and secretaries.—
(i) In general.—If a State does not have a program to
collect the information described in subclauses (I) and (II)
of subparagraph (A)(i)—
(I) the State shall inform the Administrator and the
Secretaries jointly; and
(II) a data center operator with data centers in such a
State shall submit to the Administrator and Secretaries
jointly a report that, with respect to each data center in
such a State with a peak demand of not less than 25 megawatts
operated by that data center operator, describes—
(aa) the information described in those subclauses; and
(bb) such other information as the Administrator and
Secretaries may jointly require.
(ii) Form.—A data center operator shall submit a report
under clause (i) in such form and in such manner as the
Administrator and Secretaries may jointly require.
(C) Reports to local governments.—A report to a State or
the Administrator and the Secretaries jointly under
subparagraph (A) or (B) shall be made available to an
affected unit of local government on request and, if
applicable, in compliance with any program established by the
State for the collection of those reports.
(2) Reports on prospective and expanded data centers.—
(A) Report to state.—
(i) In general.—Subject to subparagraph (B), each person
seeking to construct a data center with a projected energy
use of not less than 25 megawatts and each data center
operator seeking to expand a data center with a projected
energy use of not less than 25 megawatts shall submit to the
State in which the new or expanded data center would operate
a report that describes—
(I) as applicable—
(aa) the projected energy use and water use and the sources
of energy and water of the new data center during the first 5
calendar years after the data center begins operation; or
(bb) the projected increase in energy use and water use as
a result of the expansion of a data center during the first 5
calendar years after completion of the expansion; and
(II) proposals for reducing the energy use and water use of
the data center and the increases in efficiency that are
anticipated to result from those proposals.
(ii) Form.—A report submitted under clause (i) shall be
submitted in such form and in such manner as the applicable
State may require.
(B) Report to administrator and secretaries.—
(i) In general.—If a State does not have a program to
collect the information described in subparagraph (A)(i)—
(I) the State shall inform the Administrator and the
Secretaries jointly; and
(II) a person seeking to construct a data center and each
data center operator seeking to expand a data center in such
a State shall submit to the Administrator and the Secretaries
jointly a report that describes, with respect to the proposed
data center or the expansion of the data center, the
information described in that subparagraph.
(ii) Form.—A person or data center operator shall submit a
report under clause (i) in such form and in such manner as
the Administrator and Secretaries may jointly require.
(C) Reports to local governments.—A report to a State or
the Administrator and the Secretaries jointly under
subparagraph (A) or (B) shall be made available to an
affected unit of local government on request and, if
applicable, in compliance with any program established by the
State for the collection of those reports.
(3) Aggregated reports.—
(A) Reports from states.—
(i) In general.—Each State that receives a report under
paragraph (1)(A) or (2)(A) shall submit to the Administrator
and the Secretaries jointly an annual report that describes
the data collected pursuant to all such reports submitted to
the State under paragraph (1)(A) or (2)(A), as applicable,
during the previous year in such a manner as may be required
jointly by the Administrator and the Secretaries.
(ii) Anonymized data.—The reports submitted under clause
(i) shall only include anonymized and aggregated information.
(B) Public report.—The Administrator and the Secretaries
shall jointly make publicly available on an annual basis a
report that—
(i) describes—
(I) using information collected from the reports under
paragraphs (1)(B) and (2)(B) and subparagraph (A)(i), the
aggregated total energy use and water use of data centers in
the United States, by region, during the calendar year
covered by the report;
(II) regional impacts of data centers on water and
electricity rates for consumers and communities;
(III) the environmental impacts resulting from the
operation of data centers, including—
(aa) water and energy sources, supply, quality, and
reliability impacts on consumers and communities; and
(bb) other direct or indirect impacts; and
(IV) recommendations for best practices to limit the
impacts described in subclauses (II) and (III);
(ii) includes, based on the reports received by the
Administrator and the Secretaries jointly under paragraphs
(1)(B) and (2)(B) and subparagraph (A)(i) for the calendar
year covered by the report, the aggregated projection of
energy use and water use by data centers for the 5 years
following that calendar year; and
(iii) does not include any information that the
Administrator and the Secretaries jointly determine is
proprietary.
(4) Rulemaking.—
(A) Federal authority.—The Administrator and the
Secretaries may jointly promulgate such regulations as may be
necessary to carry out this subsection.
(B) State authority.—A State may promulgate such
regulations in accordance with the laws of the State as may
be necessary to carry out this subsection.
(5) Enforcement.—
(A) State enforcement.—If a State establishes a program
for collecting data pursuant to paragraphs (1)(A) and (2)(A),
the State may issue fines and otherwise engage in other
enforcement activities to comply with the requirements of
this section and applicable State laws.
(B) Federal enforcement.—
(i) In general.—Subject to clause (ii), the Administrator
and the Secretaries shall jointly fine a data center operator
that negligently violates a requirement of paragraph (1)(B)
or (2)(B) $20,000 for each day that the data center operator
is in violation of that requirement.
(ii) Inflation adjustment.—On the date that is 3 years
after the date of enactment of this Act, and every 3 years
thereafter, the Administrator and the Secretaries shall
jointly adjust the amount described in clause (i) to reflect
changes for the 36-month period ending the preceding November
30 in the Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics of the Department
of Labor.
(c) Fees.—The Administrator and the Secretaries shall
jointly assess fees on data center operators that submit a
report under paragraph (1)(B) or (2)(B) of subsection (b) in
an amount necessary to carry out this section and may,
without further appropriation, use the amounts collected to
carry out those paragraphs.
SA 4742. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. RESTORING STATE AUTHORITY TO WAIVE THE 35-MILE RULE
FOR CERTAIN MEDICARE CRITICAL ACCESS HOSPITAL
DESIGNATIONS.
(a) In General.—Section 1820 of the Social Security Act
(42 U.S.C. 1395i-4) is amended—
(1) in subsection (c)(2)—
(A) in subparagraph (B)(i)—
(i) in subclause (I), by striking “or” at the end;
(ii) in subclause (II), by inserting “or” at the end; and
(iii) by adding at the end the following new subclause:
“(III) subject to subparagraph (G), is a hospital
described in subparagraph (F) and is certified, on or after
the date of the enactment of this subclause, and before the
date that is 9 years after the date of enactment of
this subclause, by the State as being a necessary provider of
health care services to residents in the area;”; and
(B) by adding at the end the following new subparagraphs:
“(F) Hospital described.—For purposes of subparagraph
(B)(i)(III), a hospital described in this subparagraph is a
hospital that—
“(i) is a sole community hospital (as defined in section
1886(d)(5)(D)(iii)), a medicare dependent, small rural
hospital (as defined in section 1886(d)(5)(G)(iv)), a low-
volume hospital that in 2021 receives a payment adjustment
under section 1886(d)(12), or a subsection (d) hospital (as
defined in section 1886(d)(1)(B));
“(ii) is located in a rural area, as defined in section
1886(d)(2)(D), or a rural census tract of a metropolitan
statistical area (as determined under the most recent
modification of the Goldsmith Modification, originally
published in the Federal Register on February 27, 1992 (57
Fed. Reg. 6725));
“(iii)(I) is located—
“(aa) in a county that has a percentage of individuals
with income at or below the Federal poverty level in 2023 or
2024 that is higher than the national or statewide average in
that year; or
“(bb) in a health professional shortage area (as defined
in section 332(a)(1)(A) of the Public Health Service Act); or
“(II) has a percentage of inpatient days of individuals
entitled to benefits under part A of this title in 2023 or
2024 that is higher than the national or statewide average in
that year;
“(iv) has attested to the Secretary that the hospital—
“(I) was operating as of the date of enactment of this
subparagraph; and
“(II) had 2 consecutive years of negative operating
margins preceding the date of certification described in
subparagraph (B)(i)(III), as defined by the Secretary in the
regulations or program instruction issued pursuant to
subparagraph (I); and
“(v) submits to the Secretary, at such time and in such
manner as the Secretary may require, an application for
certification of the facility as a critical access hospital,
including an attestation outlining—
“(I) the good governance qualifications and strategic plan
for multi-year financial solvency of the hospital; and
“(II) the hospital's commitment to open and maintain, for
the duration of the hospital's designation as a critical
access hospital under this section, a new service line or
expanded service capacity for a service that is in high
demand or limited supply in the hospital's service area
(determined based on the hospital's most recent community
health needs assessment under section 501(r)(3) of the
Internal Revenue Code of 1986 (or other comparable
assessment)), such as obstetrics or behavioral health care
services.
“(G) Limitation on certain designations.—
“(i) In general.—Subject to clauses (ii) and (iii), the
Secretary may not under subsection (e) certify pursuant to a
certification by a State under subparagraph (B)(i)(III)—
“(I) more than a total of 120 facilities as critical
access hospitals; and
“(II) within any one State, more than 5 facilities as
critical access hospitals.
“(ii) Process.—The Secretary shall follow the following
process in carrying out clause (i) with respect to each year
in which the Secretary determines that the limitation under
clause (i)(I) has not been reached:
“(I) Initial assessment.—The Secretary shall conduct an
initial assessment of the total number of hospitals described
in paragraph (2)(F).
“(II) Initial allocation.—Of the total number of
designations available under clause (i), the Secretary shall
allocate 1 for a hospital in each State that the Secretary
determines (based on the initial assessment under subclause
(I)) has one or more hospitals described in paragraph (2)(F).
“(III) Remaining allocation.—Of the total number of
designations available under clause (i), after application of
subclause (II), the Secretary shall allocate the remaining
number on a proportional basis based on the total number of
hospitals described in paragraph (2)(F) in each State that
are eligible (as determined based on the initial assessment
under subclause (I)).
“(iii) Sunset.—Effective beginning on the date that is 9
years after the date of enactment of this subparagraph, the
Secretary may not certify a hospital as a critical access
hospital pursuant to a certification by a State under
subparagraph (B)(i)(III).
“(H) Information submission requirements for hospitals
certified pursuant to rural hospital closure relief act.—
“(i) In general.—A critical access hospital that is
certified under subsection (e) pursuant to a certification by
a State under subparagraph (B)(i)(III) shall submit to the
Secretary the following at a time, and in a manner, specified
by the Secretary:
“(I) Reports.—Reports containing such information as the
Secretary may specify with respect to items and services
furnished as part of the new service line or expanded service
capacity for a service as described in the attestation
submitted by the critical access hospital under subparagraph
(F)(v)(II). To the extent practicable, the Secretary shall
align such reporting with other reporting requirements
applicable to critical access hospitals under this
subsection.
“(II) Notice.—If the critical access hospital materially
changes the new service line or expanded capacity for a
service as so described, notice of such changes along with a
plan to satisfactorily maintain access to care (as determined
by the Secretary).
“(ii) Revocation of certification for noncompliance.—If
the Secretary determines that a critical access hospital
described in clause (i) has failed to submit an annual report
required under subclause (I) of such clause or a notice
required under subclause (II) of such clause, the Secretary
may, as the Secretary determines appropriate, revoke the
certification of the critical access hospital under
subsection (e).
“(I) Implementation.—Not later than 1 year after the date
of the enactment of this subparagraph, the Secretary shall
issue final regulations or program instruction to carry out
subparagraphs (B)(i)(III), (F), (G), and (H).”; and
(2) in subsection (e), by inserting “, subject to
subsection (c)(2)(G),” after “The Secretary shall”.
(b) Clarification Regarding Facilities That Meet Distance
or Other Criteria and Application of Other Criteria.—Nothing
in this section shall affect—
(1) the application of criteria for designation as a
critical access hospital described in subclause (I) or (II)
of section 1820(c)(2)(B)(i) of the Social Security Act (42
U.S.C. 1395i-4(c)(2)(B)(i)); or
(2) the application of criteria for designation as a
critical access hospital described in clauses (ii) through
(v) of section 1820(c)(2)(B) of the Social Security Act (42
U.S.C. 1395i-4(c)(2)(B)).
(c) GAO Study and Report.—
(1) Study.—The Comptroller General of the United States
(in this section referred to as the “Comptroller General”)
shall conduct a study on the implementation of the amendments
made by subsection (a). To the extent such data are available
and reliable, such study shall include—
(A) an analysis of—
(i) the characteristics of facilities designated as
critical access hospitals pursuant to section
1820(c)(2)(B)(i)(III) of the Social Security Act, as added by
subsection (a);
(ii) an analysis of the financial status and outlook for
such facilities based on their designation as a critical
access hospital pursuant to such section; and
(iii) an analysis of any increase in expenditures under the
Medicare program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) as a result of such designation,
relative to the expected baseline expenditures under the
Medicare program if such facilities had not received such
designation; and
(B) an assessment of whether the authority to designate
facilities as critical access hospitals pursuant to such
section 1820(c)(2)(B)(i)(III) promotes access to care in
rural areas.
(2) Report.—Not later than 6 years after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report containing the results of the study
conducted under subsection (a), together with recommendations
for such legislation and administrative action as the
Comptroller General determines appropriate.
(d) MedPAC Study and Report on Payment Systems for Rural
Hospitals.—
(1) Study.—The Medicare Payment Advisory Commission (in
this subsection referred to as the “Commission”) shall
conduct a study, using data from 2018 through 2028, on
payment systems for rural hospitals under the Medicare
program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.). Such study shall include an analysis
of—
(A) facilities designated as critical access hospitals
pursuant to section 1820(c)(2)(B)(i)(III) of the Social
Security Act, as added by subsection (a);
(B) features of payment systems for rural hospitals,
including value-based payment systems, that would—
(i) ensure financial sustainability for the Medicare
program; and
(ii) preserve access to care for Medicare beneficiaries;
and
(C) if the Commission recommends any new payment system for
rural hospitals under the Medicare program, to the extent
feasible, the impacts of transition from existing payment
systems to such new payment system.
(2) Report.—Not later than 8 years after the date of
enactment of this Act, the Commission shall submit to
Congress a report on the study conducted under paragraph (1),
together with recommendations for such legislation and
administrative action as the Commission determines
appropriate.
(3) Definition of rural hospital.—In this subsection, the
term “rural hospital” means—
(A) a critical access hospital (as defined in section
1861(mm)(1) of the Social Security Act (42 U.S.C.
1395x(mm)(1)));
(B) a subsection (d) hospital (as defined in section
1886(d)(1)(B) of the Social Security Act (42 U.S.C.
1395ww(d)(1)(B))) that is located in a rural census tract of
a metropolitan statistical area (as determined under the most
recent modification of the Goldsmith Modification, originally
published in the Federal Register on February 27, 1992 (57
Fed. Reg. 6725));
(C) a sole community hospital (as defined in section
1886(d)(5)(D)(iii)) of the Social Security Act (42 U.S.C.
1395ww(d)(5)(D)(iii)));
(D) a medicare dependent, small rural hospital (as defined
in section 1886(d)(5)(G)(iv) of the Social Security Act (42
U.S.C. 1395ww(d)(5)(G)(iv))); and
(E) a low-volume hospital (as defined in section
1886(d)(12)(C)(i) of the Social Security Act (42 U.S.C.
1395ww(d)(12)(C)(i))).
(e) Sunset.—Not later than 9 years after the date of
enactment of this Act, the Secretary shall establish a
mechanism and provide guidance and technical assistance under
which any facility that was designated as a critical access
hospital pursuant to a certification by a State under section
1820(c)(2)(B)(i)(III) of the Social Security Act, as added by
subsection (a), may transition within 1 year to one of the
following payment models:
(1) Such new model or models recommended by the Medicare
Payment Advisory Commission in the report submitted under
subsection d.
(2) The prospective payment model (or models) under which
the facility received payment under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) prior to being so
designated pursuant to such certification.
(3) Payment as a rural emergency hospital under section
1834(x) of the Social Security Act (42 U.S.C. 1395m(x)).
SEC. __. REPEAL OF OBBBA HEALTH PROVISIONS.
Subtitle B of title VII of the Act titled “An Act to
provide for reconciliation pursuant to title II of H. Con.
Res. 14” (Public Law 119-21) (other than sections 71202 and
71401 of such subtitle) is repealed and any law or regulation
referred to in such subtitle shall be applied as if such
subtitle and the amendments made by such subtitle (other than
such sections) had not been enacted.