TEXT OF AMENDMENTS

Quick facts

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.

Linked context

Bills and resolutions: H.Con.Res. 14 (119th Congress), S. 1383 (119th Congress)
Committees: Committee on Homeland Security and Governmental Affairs, Committee on the Judiciary, Committee on Homeland Security

Readable version of the official text

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.

(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

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).

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.”.

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

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).

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

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.

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;

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

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);

(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) 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

“(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.

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);

“(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.”.

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”.

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;

“(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.”.

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).

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

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.

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;

(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.

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.

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.

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)).

(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

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));

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.

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