[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.
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