    [Congressional Record Volume 171, Number 37 (Tuesday, February 25, 2025)]
    [Senate]
    [Pages S1347-S1352]
    From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

              STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

          By Mr. REED (for himself and Mrs. Capito):
      S. 705. A bill to amend the Federal Food, Drug, and Cosmetic Act with
    respect to molecularly targeted pediatric cancer investigations, and
    for other purposes; to the Committee on Health, Education, Labor, and
    Pensions.
      Mr. REED. Mr. President, today, I am joining Senator Capito to
    introduce the Innovation in Pediatric Drugs Act of 2025 in order to
    improve access to needed therapies for children.
      Children are not just small adults. Drugs affect their developing
    bodies differently, so new treatments need to be studied carefully to
    ensure that they are appropriately prescribed and that dosages are
    properly adjusted. Additionally, drugs that are designed to treat a
    specific condition in adults may have enormous benefits in treating
    completely different illnesses in kids. But research is needed to
    unlock these potentially lifesaving possibilities.
      Unfortunately, drug development still leaves children behind. The
    legislation we are introducing today would help speed therapies to
    children who need them by making needed changes to the Best
    Pharmaceuticals for Children Act, BPCA, and the Pediatric Research
    Equity Act, PREA--two laws that encourage and require the study of
    drugs in children.
      Data resulting from BPCA and PREA studies are added to drug labels to
    give parents and providers essential information on the safety and
    efficacy of drugs used in children. I was proud to have helped author
    these laws when I was a member of the Health, Education, Labor, and
    Pensions Committee. While we have made tremendous progress in advancing
    treatments for children because of these laws, there are gaps. For
    example, there is a loophole in PREA that exempts drug companies from
    pediatric study requirements when the treatment would only be used for
    a rare pediatric condition.
      There are close to 7,000 rare diseases without appropriate
    treatments, and the vast majority of these diseases affect children as
    well as adults. But in developing new drugs also known as orphan drugs
    to treat rare diseases, pharmaceutical developers focus their research
    on adult patients only since they are not required to study their
    impact on children.
      Since the majority of new drugs approved by the Food and Drug
    Administration, FDA, are orphan drugs, this means that the majority of
    newly approved drugs have not been studied for their impacts on kids.
    This leaves doctors, parents, and sick kids in the dark about the best
    possible treatments. Our bill closes this loophole to require studies
    for children so that that they, too, can benefit from new and
    innovative treatments for rare diseases.
      In addition to this change, the Innovation in Pediatric Drugs Act
    would invest in pediatric studies of older, off-patent drugs. The FDA
    incentives and requirements under BPCA and PREA work for many newer
    drugs, but unfortunately cannot help encourage studies of older drugs.
    For this reason, in 2002, Congress authorized a program which funds the
    National Institutes of Health to conduct studies of off-patent drugs
    used in children that would never be completed otherwise. Drug studies
    are expensive, and costs have only increased since then, but the
    program has been flat-funded at $25 million since it was created more
    than 20 years ago. Our legislation would increase the authorization for
    the BPCA NIH program to ensure we have better data about older drugs to
    treat diseases in children.
      Lastly, the Innovation in Pediatric Drugs Act would give FDA the
    authority it needs to ensure that legally required pediatric studies
    are completed in a timely manner. Due dates for studies required by
    PREA are typically deferred by FDA until after the approval of the drug
    for adults, but FDA has no effective enforcement tools to ensure that
    these studies are completed on time--or at all.
      I am pleased to be working with my colleague Senator Capito again on
    pediatric health issues. We have worked closely for many years on
    pediatric cancer, first authoring the Childhood Cancer Survivorship,
    Treatment, Access, and Research, STAR, Act in 2015. That bill was
    signed into law in 2018, and we worked to fully fund the law every year
    since.
      I look forward to working with her to move the Innovation in
    Pediatric Drugs Act forward, to give children and their families more
    options for treatments.
                                     ______

          By Mr. DURBIN (for himself, Mr. Blumenthal, Mr. Reed, and Mr.
            Welch):
      S. 710. A bill to amend title 31, United States Code, to prevent
    fraudulent transactions at virtual currency kiosks, and for other
    purposes; to the Committee on Banking, Housing, and Urban Affairs.
      Mr. DURBIN. Mr. President, now on a totally different subject, I
    would like to tell you about one of my constituents. He is a man from
    New Lenox, IL, in the suburbs of Chicago.

    [[Page S1348]]

      Late last year, he received an urgent phone call from someone
    claiming to be a deputy in the Will County Sheriff's Office. This self-
    proclaimed deputy informed my constituent that he had missed jury duty.
    As a result, the deputy said, there is a warrant out for your arrest.
      The man was stunned. Don't worry, the deputy further explained. The
    man could avoid arrest, put the whole matter behind him. All he had to
    do was pay the fine. But he couldn't pay it by check or credit card.
    The deputy directed the man to a local cryptocurrency ATM machine and
    told him to deposit $15,000 into the machine, pay the fine, and all
    would be forgiven.
      If you have been following the news, you might have guessed by now
    that the man on the phone wasn't a sheriff's deputy at all; he was a
    scammer. Once my constituent deposited his money into the crypto-ATM,
    it was gone--gone. There was no way to trace the transaction to the
    scammer and no way to get the money back.
      This is just one example of a growing and alarming trend of crypto-
    ATM fraud. There are now more than 30,000 crypto-ATMs in this country,
    and they are being used by criminals to cheat Americans out of their
    hard-earned savings, to the tune of $114 million in 2023 alone. Most of
    the victims are senior citizens.
      While these scams aren't all identical, they generally play out just
    like the one I described. A stranger calls and pretends to be from the
    government or the victim's bank. They make claims of unpaid fines, a
    frozen bank account, a credit card in default, or even threaten arrest.
      The scammer then tells their victim that they must immediately go to
    a crypto-ATM at a nearby grocery store, gas station, or convenience
    store. Often, the scammer will try to stay on the phone with the victim
    throughout the scam, warning of dire consequences if they don't make
    the payments immediately. It is a way of preventing their victim from
    getting a moment to take a breath and just maybe realize what is going
    on.
      Once the victim arrives at the crypto-ATM, the scammer will walk them
    through the process of depositing real money--cash--into the machine,
    buying Bitcoin or other cryptocurrency, and sending it to the scammer's
    digital wallet.
      Last summer, a small business owner in my hometown of Springfield,
    IL, removed a crypto-ATM from the store after witnessing senior after
    senior walk in, talking on their phones, looking stressed, and
    depositing huge sums of cash into the machine. He said:

           One hundred percent of the time that we saw somebody at the
         machine they were being scammed.

      This is in a small store in Springfield, IL.
      It wasn't just happening there. There are tragic stories of seniors
    losing their savings through these machines in every State in America.
      A South Carolina retired couple lost $390,000 over the course of
    several months through a scam involving crypto-ATMs. Just this month, a
    sheriff's office in Walton County, FL, reported a resident that was
    cheated out of $129,000 through a crypto-ATM.
      It is past time that we put some commonsense guardrails in place to
    stop fraud in this largely unregulated industry. That is why, today, I
    am joining with Senators Blumenthal, Reed, and Welch to introduce the
    Crypto ATM Fraud Prevention Act. This bill will require crypto-ATM
    operators to warn consumers about scams and take reasonable steps to
    prevent fraud at their machines.
      It will also put in place measures to limit the amount that consumers
    lose when they do fall victim to scams and would give law enforcement
    new tools to track down and fight back against criminals.
      I want to share a few key measures in this bill with you. First, the
    bill will provide special protection for consumers during the 2 weeks
    after they make their first transaction at a crypto-ATM, the period
    when a consumer is most likely to be a victim of fraud. During this
    time, customers will be limited to deposits of $2,000 per day and
    $10,000 total. While this is still a lot of money, it ensures people's
    entire life savings are not put at risk.
      The bill will also require crypto-ATM operators to obtain verbal
    confirmation via a live phone call for any transaction with a new
    customer over $500. Do you remember when I told you scammers often stay
    on the phone with victims until the money has been deposited in their
    digital wallet? Well, this requirement will break that communication,
    give victims a chance to think, perhaps reach out to another member of
    the family, and make sure crypto-ATM operators can assess whether the
    customer is being scammed.
      Next, the bill requires crypto-ATM operators to give prominent, clear
    warnings about the risk of fraud and tell consumers about common types
    of scams. While warnings alone are not enough, they are part of the key
    to preventing fraud.
      Operators also will be required to issue paper receipts to customers
    after each transaction. The receipt will include, among other things,
    the date, time, and amount of the transaction and the transaction hash,
    which will allow law enforcement to more easily trace the transaction,
    collect evidence of the crime, and maybe even recover the stolen funds.
      Next, operators will be required to use the analytics to screen for
    suspicious, illicit transactions. Some companies are effectively using
    this technology already. It should be used across the board.
      Finally, crypto-ATM operators will be required to issue refunds to
    consumers who are victims of fraud. As long as victims make a sworn
    report to law enforcement and notify the operator within 30 days of the
    transaction, they will be entitled to a full refund. New customers will
    get full refunds. All other customers will be entitled to a refund of,
    at minimum, any fees associated with the transaction.
      These measures are commonsense guardrails that will prevent countless
    Americans, particularly senior citizens, from losing thousands of
    dollars of their hard-earned savings to criminal scams. I urge all my
    colleagues on both sides of the aisle to join me to pass this bill into
    law. We don't have any time to waste.
      Mr. President, I ask unanimous consent that the text of the bill be
    printed in the Record.
      There being no objection, the text of the bill was ordered to be
    printed in the Record, as follows:

                                     S. 710

           Be it enacted by the Senate and House of Representatives of
         the United States of America in Congress assembled,

         SECTION 1. SHORT TITLE.

           This Act may be cited as the ``Crypto ATM Fraud Prevention
         Act of 2025''.

         SEC. 2. 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

    [[Page S1349]]

         paragraph (1) shall be deemed a failure to comply with the
         requirements of this subsection.''.

         SEC. 3. PREVENTING FRAUDULENT TRANSACTIONS AT VIRTUAL
                       CURRENCY KIOSKS.

           (a) 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 that is capable of
         accepting or dispensing legal tender in exchange for virtual
         currency.
           ``(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; and
           ``(D) the type and amount of any fees or other expenses
         paid by the customer;
           ``(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.
           ``(c) Acknowledgment of Disclosures.--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.
           ``(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 500 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

    [[Page S1350]]

         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 30 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 30 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 willfully denies a
         refund to a customer in violation of 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 (n).
           ``(k) Transaction Limits With Respect to New Customers.--
           ``(1) In a 24-hour period.--A virtual currency kiosk
         operator shall not accept more than $2,000, or the equivalent
         amount in virtual currency, from any new customer during any
         24-hour period.
           ``(2) Total.--A virtual currency kiosk operator shall not
         accept a total of more than $10,000, or the equivalent amount
         in virtual currency, from any new customer.
           ``(l) 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.
           ``(m) 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.
           ``(n) 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.
           ``(o) 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.''.
           (b) 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.''.

         SEC. 4. EFFECTIVE DATE.

           The amendments made by this Act shall take effect 90 days
         after the date of enactment of this Act.
                                     ______

          By Mr. PADILLA (for himself, Mr. Markey, Mr. Blumenthal, Mr.
            Booker, Mr. Merkley, Mr. Van Hollen, Ms. Duckworth, Mr. Wyden,
            Mr. Schiff, Mr. Sanders, and Mr. Whitehouse):
      S. 720. A bill to establish an Office of Environmental Justice within
    the Department of Justice, and for other purposes; to the Committee on
    the Judiciary.
      Mr. PADILLA. Mr. President, I rise today to introduce the Empowering
    and Enforcing Environmental Justice Act of 2025. This bill would
    establish in statute the Office of Environmental Justice within the
    Environment and Natural Resources Division of the Department of
    Justice.
      The principles of environmental justice call for environmental
    fairness, regardless of race, color, national origin or income, and the
    meaningful involvement of communities in the development of laws and
    regulations that affect every community's natural surroundings and the
    places people live, work, play, and learn. California was one of the
    first States in the Nation to codify a definition of ``environmental
    justice'' in statute, understanding the disproportionate impact that
    frontline communities face.
      This reality could not be more relevant today in light of the recent
    firings of environmental justice and ENRD employees at the Department
    of Justice. During the 117th Congress, I was proud to work with my
    colleague Representative Barragan on a bill that called for the
    creation of an Environmental Justice Office at the DOJ, and we were
    pleased that the Department moved forward to establish this office in
    May 2022.
      However, on her first day as Attorney General, Pam Bondi eliminated
    all environmental justice efforts at the DOJ, in line with President
    Trump's orders to eliminate all DEI initiatives at Federal Agencies.
    Her order effectively terminated the office and halted all programs
    designed to fight pollution and enforce environmental laws.
      I therefore urge my colleagues to join me in working to codify this
    office so that environmental enforcement does not fall victim to
    political agendas. The work that this office did made a real impact,
    making progress in ensuring that all people can breathe clean air,
    drink clean water, and live in healthy, resilient environments.
                                     ______

          By Mr. THUNE (for himself, Ms. Smith, and Mr. Rounds):
      S. 723. A bill to require the Bureau of Indian Affairs to process and
    complete all mortgage packages associated with residential and business
    mortgages on Indian land by certain deadlines, and for other purposes;
    to the Committee on Indian Affairs.
      Mr. THUNE. Mr. President, I ask unanimous consent that the text of
    the bill be printed in the Record.
      There being no objection, the text of the bill was ordered to be
    printed in the Record, as follows:

                                     S. 723

           Be it enacted by the Senate and House of Representatives of
         the United States of America in Congress assembled,

         SECTION 1. SHORT TITLE.

           This Act may be cited as the ``Tribal Trust Land
         Homeownership Act of 2025''.

         SEC. 2. DEFINITIONS.

           In this Act:
           (1) Applicable bureau office.--The term ``applicable Bureau
         office'' means--
           (A) a Regional office of the Bureau;
           (B) an Agency office of the Bureau; or
           (C) a Land Titles and Records Office of the Bureau.
           (2) Bureau.--The term ``Bureau'' means the Bureau of Indian
         Affairs.
           (3) Director.--The term ``Director'' means the Director of
         the Bureau.
           (4) First certified title status report.--The term ``first
         certified title status report'' means the title status report
         needed to verify title status on Indian land.
           (5) Indian land.--The term ``Indian land'' has the meaning
         given the term in section 162.003 of title 25, Code of
         Federal Regulations (as in effect on the date of enactment of
         this Act).
           (6) Land mortgage.--The term ``land mortgage'' means a
         mortgage obtained by an individual Indian who owns a tract of
         trust land for the purpose of--
           (A) home acquisition;
           (B) home construction;
           (C) home improvements; or
           (D) economic development.
           (7) Leasehold mortgage.--The term ``leasehold mortgage''
         means a mortgage, deed of trust, or other instrument that
         pledges the leasehold interest of a lessee as security for a
         debt or other obligation owed by the lessee to a lender or
         other mortgagee.
           (8) Mortgage package.--The term ``mortgage package'' means
         a proposed residential leasehold mortgage, business leasehold
         mortgage, land mortgage, or right-of-way document submitted
         to an applicable Bureau office under section 3(a)(1).
           (9) Relevant federal agency.--The term ``relevant Federal
         agency'' means any of the following Federal agencies that
         guarantee or make direct mortgage loans on Indian land:

    [[Page S1351]]

           (A) The Department of Agriculture.
           (B) The Department of Housing and Urban Development.
           (C) The Department of Veterans Affairs.
           (10) Right-of-way document.--The term ``right-of-way
         document'' has the meaning given the term in section 169.2 of
         title 25, Code of Federal Regulations (as in effect on the
         date of enactment of this Act).
           (11) Subsequent certified title status report.--The term
         ``subsequent certified title status report'' means the title
         status report needed to identify any liens against a
         residential, business, or land lease on Indian land.

         SEC. 3. MORTGAGE REVIEW AND PROCESSING.

           (a) Review and Processing Deadlines.--
           (1) In general.--As soon as practicable after receiving a
         proposed residential leasehold mortgage, business leasehold
         mortgage, land mortgage, or right-of-way document, the
         applicable Bureau office shall notify the lender that the
         proposed residential leasehold mortgage, business leasehold
         mortgage, or right-of-way document has been received.
           (2) Preliminary review.--
           (A) In general.--Not later than 10 calendar days after
         receipt of a proposed residential leasehold mortgage,
         business leasehold mortgage, land mortgage, or right-of-way
         document, the applicable Bureau office shall conduct and
         complete a preliminary review of the residential leasehold
         mortgage, business leasehold mortgage, land mortgage, or
         right-of-way document to verify that all required documents
         are included.
           (B) Incomplete documents.--As soon as practicable, but not
         more than 2 calendar days, after finding that any required
         documents are missing under subparagraph (A), the applicable
         Bureau office shall notify the lender of the missing
         documents.
           (3) Approval or disapproval.--
           (A) Leasehold mortgages.--Not later than 20 calendar days
         after receipt of a complete executed residential leasehold
         mortgage or business leasehold mortgage, proof of required
         consents, and other required documentation, the applicable
         Bureau office shall approve or disapprove the residential
         leasehold mortgage or business leasehold mortgage.
           (B) Right-of-way documents.--Not later than 30 calendar
         days after receipt of a complete executed right-of-way
         document, proof of required consents, and other required
         documentation, the applicable Bureau office shall approve or
         disapprove the right-of-way document.
           (C) Land mortgages.--Not later than 30 calendar days after
         receipt of a complete executed land mortgage, proof of
         required consents, and other required documentation, the
         applicable Bureau office shall approve or disapprove the land
         mortgage.
           (D) Requirements.--The determination of whether to approve
         or disapprove a residential leasehold mortgage or business
         leasehold mortgage under subparagraph (A), a right-of-way
         document under subparagraph (B), or a land mortgage under
         subparagraph (C)--
           (i) shall be in writing; and
           (ii) in the case of a determination to disapprove a
         residential leasehold mortgage, business leasehold mortgage,
         right-of-way document, or land mortgage shall, state the
         basis for the determination.
           (E) Application.--This paragraph shall not apply to a
         residential leasehold mortgage or business leasehold mortgage
         with respect to Indian land in cases in which the applicant
         for the residential leasehold mortgage or business leasehold
         mortgage is an Indian tribe (as defined in subsection (d) of
         the first section of the Act of 1955 (69 Stat. 539, chapter
         615; 126 Stat. 1150; 25 U.S.C. 415(d))) that has been
         approved for leasing under subsection (h) of that section (69
         Stat. 539, chapter 615; 126 Stat. 1151; 25 U.S.C. 415(h)).
           (4) Certified title status reports.--
           (A) Completion of reports.--
           (i) In general.--Not later than 10 calendar days after the
         applicable Bureau office approves a residential leasehold
         mortgage, business leasehold mortgage, land mortgage, or
         right-of-way document under paragraph (3), the applicable
         Bureau office shall complete the processing of, as
         applicable--

           (I) a first certified title status report, if a first
         certified title status report was not completed prior to the
         approval of the residential leasehold mortgage, business
         leasehold mortgage, land mortgage, or right-of-way document;
         and
           (II) a subsequent certified title status report.

           (ii) Requests for first certified title status reports.--
         Notwithstanding clause (i), not later than 14 calendar days
         after the applicable Bureau office receives a request for a
         first certified title status report from an applicant for a
         residential leasehold mortgage, business leasehold mortgage,
         land mortgage, or right-of-way document under paragraph (1),
         the applicable Bureau office shall complete the processing of
         the first certified title status report.
           (B) Notice.--
           (i) In general.--As soon as practicable after completion of
         the processing of, as applicable, a first certified title
         status report or a subsequent certified title status report
         under subparagraph (A), but by not later than the applicable
         deadline described in that subparagraph, the applicable
         Bureau office shall give notice of the completion to the
         lender.
           (ii) Form of notice.--The applicable Bureau office shall
         give notice under clause (i)--

           (I) electronically through secure, encryption software; and
           (II) through the United States mail.

           (iii) Option to opt out.--The lender may opt out of
         receiving notice electronically under clause (ii)(I).
           (b) Notices.--
           (1) In general.--If the applicable Bureau office does not
         complete the review and processing of mortgage packages under
         subsection (a) (including any corresponding first certified
         title status report or subsequent certified title status
         report under paragraph (4) of that subsection) by the
         applicable deadline described in that subsection, immediately
         after missing the deadline, the applicable Bureau office
         shall provide notice of the delay in review and processing
         to--
           (A) the party that submitted the mortgage package or
         requested the first certified title status report; and
           (B) the lender for which the mortgage package (including
         any corresponding first certified title status report or
         subsequent certified title status report) is being requested.
           (2) Requests for updates.--In addition to providing the
         notices required under paragraph (1), not later than 2
         calendar days after receiving a relevant inquiry with respect
         to a submitted mortgage package from the party that submitted
         the mortgage package or the lender for which the mortgage
         package (including any corresponding first certified title
         status report or subsequent certified title status report) is
         being requested or an inquiry with respect to a requested
         first certified title status report from the party that
         requested the first certified title status report, the
         applicable Bureau office shall respond to the inquiry.
           (c) Delivery of First and Subsequent Certified Title Status
         Reports.--Notwithstanding any other provision of law, any
         first certified title status report and any subsequent
         certified title status report, as applicable, shall be
         delivered directly to--
           (1) the lender;
           (2) any local or regional agency office of the Bureau that
         requests the first certified title status report or
         subsequent certified title status report;
           (3) in the case of a proposed residential leasehold
         mortgage or land mortgage, the relevant Federal agency that
         insures or guarantees the loan; and
           (4) if requested, any individual or entity described in
         section 150.303 of title 25, Code of Federal Regulations (as
         in effect on the date of enactment of this Act).
           (d) Access to Trust Asset and Accounting Management System
         (TAAMS).--Beginning on the date of enactment of this Act, the
         relevant Federal agencies and Indian Tribes shall have read-
         only access to portals containing the relevant land documents
         from the Trust Asset and Accounting Management System
         (commonly known as ``TAAMS'') maintained by the Bureau.
           (e) Annual Report.--
           (1) In general.--Not later than March 1 of each calendar
         year, the Director shall submit to the Committee on Indian
         Affairs of the Senate and the Committee on Natural Resources
         of the House of Representatives a report describing--
           (A) for the most recent calendar year, the number of
         requests received to complete residential leasehold mortgage
         packages, business leasehold mortgage packages, land mortgage
         packages, and right-of-way document packages (including any
         requests for corresponding first certified title status
         reports and subsequent certified title status reports),
         including a detailed description of--
           (i) requests that were and were not successfully completed
         by the applicable deadline described in subsection (a) by
         each applicable Bureau office; and
           (ii) the reasons for each applicable Bureau office not
         meeting any applicable deadlines; and
           (B) the length of time needed by each applicable Bureau
         office during the most recent calendar year to provide the
         notices required under subsection (b)(1).
           (2) Requirement.--In submitting the report required under
         paragraph (1), the Director shall maintain the
         confidentiality of personally identifiable information of the
         parties involved in requesting the completion of residential
         leasehold mortgage packages, business leasehold mortgage
         packages, land mortgage packages, and right-of-way document
         packages (including any corresponding first certified title
         status reports and subsequent certified title status
         reports).
           (f) GAO Study.--Not later than 1 year after the date of
         enactment of this Act, the Comptroller General of the United
         States shall submit to the Committee on Indian Affairs of the
         Senate and the Committee on Natural Resources of the House of
         Representatives a report that includes--
           (1) an evaluation of the need for residential leasehold
         mortgage packages, business leasehold mortgage packages, land
         mortgage packages, and right-of-way document packages of each
         Indian Tribe to be digitized for the purpose of streamlining
         and expediting the completion of mortgage packages for
         residential mortgages on Indian land (including the
         corresponding first certified title status reports and
         subsequent certified title status reports); and
           (2) an estimate of the time and total cost necessary for
         Indian Tribes to digitize the records described in paragraph
         (1), in conjunction with assistance in that digitization from
         the Bureau.

    [[Page S1352]]

         SEC. 4. ESTABLISHMENT OF REALTY OMBUDSMAN POSITION.

           (a) In General.--The Director shall establish within the
         Division of Real Estate Services of the Bureau the position
         of Realty Ombudsman, who shall report directly to the
         Secretary of the Interior.
           (b) Functions.--The Realty Ombudsman shall--
           (1) ensure that the applicable Bureau offices are meeting
         the mortgage review and processing deadlines established by
         section 3(a);
           (2) ensure that the applicable Bureau offices comply with
         the notices required under subsections (a) and (b) of section
         3;
           (3) serve as a liaison to other Federal agencies, including
         by--
           (A) ensuring the Bureau is responsive to all of the
         inquiries from the relevant Federal agencies; and
           (B) helping to facilitate communications between the
         relevant Federal agencies and the Bureau on matters relating
         to mortgages on Indian land;
           (4) receive inquiries, questions, and complaints directly
         from Indian Tribes, members of Indian Tribes, and lenders in
         regard to executed residential leasehold mortgages, business
         leasehold mortgages, land mortgages, or right-of-way
         documents; and
           (5) serve as the intermediary between the Indian Tribes,
         members of Indian Tribes, and lenders and the Bureau in
         responding to inquiries and questions and resolving
         complaints.

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