[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Page S5775]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2433. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms.
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the
bill H.R. 3684, to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in division I, insert the
following:
SEC. ___. TRANSFER AND REDEMPTION OF ABANDONED SAVINGS BONDS.
Section 3105 of title 31, United States Code, is amended by
adding at the end the following:
``(f)(1) Notwithstanding any other Federal law, the
ownership of an applicable savings bond may be transferred
pursuant to a valid judgment of escheatment vesting a State
with title to the bond. Nothing in this section, or in any
regulation promulgated by the Secretary to implement this
section, may be construed to preempt State law providing for,
or governing the escheatment of, applicable savings bonds.
``(2) The Secretary shall recognize an order of a court of
competent jurisdiction that vests title to an applicable
savings bond with a State, regardless of whether the State
has possession of such bond if the State provides the
Secretary with a certified copy of such order.
``(3)(A) If a State has title or is seeking to obtain title
through a judicial proceeding to an applicable savings bond,
the Secretary shall provide to the State, upon request, the
serial number of such bond, and any reasonably available
records or information--
``(i) relating to the purchase or ownership of such bond,
including any transactions involving such bond; or
``(ii) which may provide other identifying information
relating to such bond.
``(B) Any records or information provided to a State
pursuant to subparagraph (A) shall be considered sufficient
to enable the State to redeem the applicable savings bond for
full value, regardless whether the bond is lost, stolen,
destroyed, mutilated, defaced, or otherwise not in the
State's possession.
``(4)(A) Subject to subparagraph (C), a State may redeem
and receive payment for an applicable savings bond for which
the State has title pursuant to the same procedures
established pursuant to regulations which are available for
payment or redemption of a savings bond by any owner of such
bond.
``(B) The Secretary may not prescribe any regulation which
prevents or prohibits a State from obtaining title to an
applicable savings bond or redeeming such bond pursuant to
the procedures described in subparagraph (A).
``(C) In the case of an applicable savings bond which is
lost, stolen, destroyed, mutilated, defaced, or otherwise not
in the possession of the State, if the State has requested
records and information under paragraph (3)(A), any
applicable period of limitation for payment or redemption of
such bond shall not begin to run against the State until the
date on which the Secretary has provided the State with the
records and information described in such paragraph.
``(5) If the United States Government makes payment to a
State for an applicable savings bond pursuant to paragraph
(4)--
``(A) that State shall attempt to locate the original owner
of each such bond registered with an address in that State
pursuant to the same standards and requirements as exist
under that State's abandoned property rules and regulations;
``(B) except as provided in subparagraph (C), the United
States Government shall not retain any further obligation or
liability relating to such bond, including any obligation or
liability with respect to the registered owner of such bond
(as described in paragraph (6));
``(C) should a State that receives payment for an
applicable savings bond pursuant to paragraph (4) fail to
make payment to a registered owner of such bond (as described
in paragraph (6)(B)) after presentment of a valid claim of
ownership pursuant to that State's abandoned property rules
and regulations, such owner may then seek redemption of their
bond through the Secretary or any paying agent authorized by
the United States Government to make payments to redeem such
bonds, and it shall be paid; and
``(D) where the United States Government has made payment
of an applicable savings bond under subparagraph (C), the
respective State shall indemnify the United States for
payments made on such bond.
``(6) For purposes of this subsection, the term `applicable
savings bond' means any United States savings bond that--
``(A) matured on or before December 31, 2017;
``(B) is registered to an owner with a last known address
within a State claiming title under a valid escheatment order
entered after December 31, 2012, and before January 2026; and
``(C) has not been redeemed by such owner.''.
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