Text of Senate Amendment 5742

On 2026-06-04, Senator Adam B. Schiff (D-CA) delivered a floor speech titled "Text Of Senate Amendment 5742" in the Senate.

Text of Senate Amendment 5742

Congressional Record, Volume 172 Issue 95 (Thursday, June 4, 2026) [Congressional Record Volume 172, Number 95 (Thursday, June 4, 2026)] [Senate] [Page S2618] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5742. Mr. SCHIFF submitted an amendment intended to be proposed by him to the bill S. 2, to provide for reconciliation pursuant to title II of S. Con. Res. 33.; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. PREVENTING PAYOUTS FOR INSURRECTIONISTS. (a) In General.--Section 2680 of title 28, United States Code, is amended by adding at the end the following: ``(o) Any claim, without regard to when the act or omission giving rise to the claim occurred, brought by any individual convicted (including any individual convicted and subsequently pardoned) of any felony or misdemeanor-- ``(1) arising out of or relating to the January 6, 2021, attack on the United States Capitol building and grounds; ``(2) committed with the intent to disrupt, delay, or impede the joint session of Congress certifying the results of the 2020 presidential election, including seditious conspiracy; or ``(3) involving an action taken to disrupt, interfere with, or unlawfully influence the administration of the 2016 presidential election, including conspiracy to defraud the United States.''. (b) Applicability.--The amendment made by subsection (a) shall apply to any claim pending on, or brought on or after, January 20, 2025. (c) Recoupment of Disbursed Funds.-- (1) In general.--Any individual described in section 2680(o) of title 28, United States Code, as added by subsection (a), who received any monetary payment, judgment, award, compromise, settlement, or interest from the United States (including a payment disbursed under section 1304 of title 31, United States Code (commonly known as the ``Judgment Fund'')) pursuant to a claim described in such section 2680(o) during the period beginning on January 20, 2025, and ending on the date of enactment of this Act, shall return the full amount of the payment, judgment, award, compromise, settlement, or interest to the Treasury of the United States. (2) Enforcement.-- (A) Civil action.--The attorney general of any State may bring a civil action in an appropriate district court of the United States on behalf of the United States against any individual required to return funds under paragraph (1) who-- (i) resides in the State; or (ii) committed an offense described in section 2680(o) of title 28, United States Code, as added by subsection (a), within the State. (B) Remedies.--In an action brought by the attorney general of a State under subparagraph (A), the court shall order the applicable individual to-- (i) return the full amount of the funds owed under paragraph (1) to the Treasury of the United States; and (ii) pay damages equal to 25 percent of the amount described in clause (i) to the State to defray the costs of State law enforcement and the administration of justice. ______