[Pages S2819-S2823]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          LEGISLATIVE SESSION

  The PRESIDING OFFICER. The Senate will now resume legislative 
session.


                          Waiving Quorum Call

  Mr. THUNE. Mr. President, I ask unanimous consent that the mandatory 
quorum call with respect to Calendar No. 66, S. 1582, be waived.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The PRESIDING OFFICER. The Senator from Rhode Island is recognized.


                            Border Security

  Mr. REED. Mr. President, I rise to address President Trump's 
dangerous and inappropriate use of the U.S. military to carry out his 
immigration enforcement campaign.
  Before I discuss the Trump administration's spending nearly half a 
billion dollars and sending tens of thousands of troops, ships, combat 
vehicles, and aircraft away from their real missions, I want to make 
clear that border security is a priority. I do not support open 
borders, and I believe that those who enter the United States and break 
our laws should be subject to deportation in accordance with the law 
and due process. I voted time and time again for billions of dollars of 
increased support for border agents, detection technology, and physical 
barriers where it made sense.
  Mr. President, it is no secret that our borders have been under 
pressure for more than a decade because of a broken immigration system 
that congressional Republicans have consistently refused to help fix. 
We have considered bipartisan immigration reform bills in 2006, in 
2007, in 2013, and in 2024, all of which were shut down by Republicans. 
The mess that we have today rests largely on their decision to put 
political advantage above real progress.
  Now President Trump is ignoring Congress, ignoring the law, ignoring 
the courts, and ignoring the Constitution in order to implement an 
immigration policy that fails to respect due process, adversely impacts 
our innovation economy, and, to the point of my remarks, degrades our 
military.
  In the name of his anti-immigrant efforts, President Trump is using 
the U.S. military to conduct operations on American soil that it has 
neither the training nor the authority to carry out. Our troops, who 
are already stretched thin for time and resources, are now burning 
time, assets, morale, and readiness for these overblown operations.
  The President has declared an emergency at the border to justify 
using the military for civilian law enforcement--this despite border 
encounters currently at the lowest level since August of 2020. Over the 
past 12 months since President Biden's Executive actions last June, 
there has been a continued, significant decrease in unlawful border 
crossings, including a more than 60-percent decrease in encounters from 
May 2024 to December 2024.
  In short, all along the southern border, we have seen a dramatic drop 
in illegal crossings and migrant encounters well before President Trump 
took office. A national emergency? It does not seem so.
  We already have an entire Federal Agency to protect our borders and 
address illegal immigration: the Department of Homeland Security. DHS 
includes Customs and Border Protection, Immigrations and Customs 
Enforcement, and other law enforcement groups. I have voted 
consistently to give these Agencies additional resources to carry out 
their missions. But immigration enforcement is not and must not become 
a function of the Department of Defense.
  Our military has long provided technical and logistical support to 
DHS at the border but always and exclusively in a supporting role, 
drawing a clear line between military law enforcement authorities. 
Indeed, since the Reconstruction era, U.S. Presidents have been 
prohibited from using the military in civilian law enforcement by a law 
known as the Posse Comitatus Act. This law has kept the Commander in 
Chief from wielding the military as a domestic political weapon, and it 
continues to provide an important check on the President's ability to 
use the military domestically against American citizens.
  I understand American citizens asking if it matters which Department 
enforces immigration as long as the job gets done. Well, there are 
plenty of reasons to be concerned by the President's current approach 
even if one agrees with him politically.
  Most alarmingly, President Trump is taking real steps to militarize 
immigration enforcement. Once he uses the military for this reason, it 
will be easier for him to use it for other purposes. And given the 
tenor of his public statements, it is a reasonable fear that he may 
someday order the use of the Armed Forces in American cities and 
against American citizens.
  Indeed, the Brennan Center--a law and public policy institution--
recently analyzed President Trump's military actions at the border and 
concluded:

       Using the military for border enforcement is a slippery 
     slope. If soldiers are allowed to take on domestic policing 
     roles at the border, it may become easier to justify uses of 
     the military in the U.S. interior in the future. Our nation's 
     founders warned against the dangers of an army turned inward, 
     which can all too easily be turned into an instrument of 
     tyranny.

  Beyond these concerns, there are real, immediate consequences for our 
troops, which we are seeing right now.
  One of the military's top priorities is readiness. America faces 
real, growing threats from China, Russia, Iran, and other adversaries, 
and the Department of Defense needs to be laser-focused on preparing 
troops to defend our interests abroad. It is difficult to explain the 
border missions as anything but a distraction from readiness.
  We should acknowledge the jobs that our troops are actually doing 
there. In the past, up to 2,000 National Guard and Reserve troops would 
rotate to the border each year to assist DHS and Customs and Border 
Patrol with basic monitoring, logistics, and warehousing activities--
non-law enforcement activities. These missions were designed to be 
``behind the scenes'' to free up Border Patrol agents from 
administrative duties and return them back to the field to conduct 
their core mission of immigration enforcement.
  Today, however, President Trump has surged more than 12,000 Active-
Duty troops to the border to carry out a variety of expanded missions 
that do not look anything like ``behind the scenes.'' For example, one 
Marine battalion has been stringing miles and

[[Page S2820]]

miles of barbed wire across the California mountains. Multiple Army 
infantry companies are patrolling the Rio Grande riverbank on foot with 
loaded rifles. Navy aircrews are flying P-8 Poseidons--the most 
advanced submarine-hunting planes in the world, and they are flying 
them over the desert. Two Navy destroyers are loitering off our east 
and west coasts, looking for migrant boats in the water. At least one 
Army transportation unit is changing the oil and tires on Border Patrol 
trucks all day and every day.
  In addition, the administration has wasted massive amounts of defense 
dollars by flying migrants out of the country using military aircraft. 
Often, they have had to return them to the U.S. mainland just a few 
days later. According to U.S. Transportation Command, it costs at least 
$20,000 per flight hour to use a C-130 and $28,500 per hour to use a C-
17. In comparison, contracted ICE flights that regularly transport 
migrants inside of the United States cost only $8,500 per flight hour.

  President Trump's decision to use military aircraft instead of ICE 
aircraft to shuttle migrants across the globe to as far away as India 
is a gross misuse of taxpayers' dollars and servicemembers' time.
  Just yesterday, we learned that the White House wanted to fly 
migrants on military aircraft to Libya, which is one of the most 
dangerous, hostile locations on Earth. Human rights groups have called 
the conditions in Libya's network of migrant detention centers 
``horrific'' and ``deplorable.'' The plan has been canceled for now, 
but it is unconscionable for the Trump administration to consider 
sending migrants to Libya and endangering our troops in the process.
  Further, the Department of Defense has informed Congress that the 
current surge in border missions, including troop deployment and 
military flights, could cost as much as $2 billion by the end of this 
fiscal year.
  Secretary Hegseth has claimed that the border mission is so 
overwhelming that we will have to withdraw massive numbers of troops 
from Europe in order to meet the demand. Incredibly, he has also 
claimed that the border mission will have ``no impact'' on our military 
readiness.
  However, we know that these border missions are harming military 
readiness. Last month, when the NORTHCOM commander testified before the 
Armed Services Committee, I asked how his forces on the border mission 
are maintaining their required military readiness and required 
training. He testified that his troops are spending 5 days a week 
supporting Customs and Border Patrol and other Agencies and only 1 day 
a week training. In other words, 20 percent--at most--of our 
servicemembers' time is being spent training on their critical military 
tasks.
  In my personal engagements with commanders at all levels, they have 
made clear that readying their formations requires extensive time and 
training as well as stability for families. Border missions will not 
build these warfighting requirements. Border missions will distract 
from training, drain resources, and undermine readiness.
  The Government Accountability Office, or GAO, has assessed previous 
support missions to DHS and found them to be detrimental to unit 
readiness. Specifically, in its 2021 report, GAO found that 
``separating units in order to assign a portion of them to the 
southwest border mission was a consistent trend in degrading readiness 
ratings.''
  In February, President Trump issued an unprecedented order to the 
Defense Department to begin transporting and detaining migrants at 
Guantanamo Bay, Cuba. For decades, the U.S. Naval Station at Guantanamo 
Bay has housed a facility called the Migrant Operations Center that is 
used to temporarily house migrants who are saved at sea while traveling 
in unsafe vessels from Cuba, Haiti, or other nearby nations. The 
facility is typically unoccupied and is kept in a low-level operational 
readiness until needed--that is, until February.
  The intended use of the center was never to house migrants flown from 
the United States to Guantanamo Bay. Nevertheless, President Trump 
ordered the military to expand the Migrant Operations Center to 
accommodate up to 30,000 migrants who would be brought there from the 
United States.
  Within weeks, approximately 1,000 Active-Duty troops were sent to 
Guantanamo to build tents for this massive number of migrants. However, 
once built, the tents were found not to meet ICE standards, and to 
date, they have never been used and are now being dismantled. The 
hundreds of troops sent down for the mission have had very little to do 
in the meantime.
  Since February, around 500 individuals identified by the 
administration as illegal migrants have been flown to Guantanamo Bay, 
and most have been detained for no more than 2 weeks. Rather than being 
taken to the Migrant Operations Center, about half of these migrants 
have been held on the other side of the island at the detention 
facility that was built and used for law of war detainees, such as 9/11 
terrorist Khalid Shaikh Mohammed.
  There are currently 15 law of war detainees remaining on Guantanamo 
Bay. The facilities housing these detainees have deteriorated 
significantly in the 20 years since they were built. The military 
personnel who guard these individuals also endure the same tough 
conditions in these dilapidated facilities. Needless to say, these 
servicemembers have been stretched thin.
  Last fall, it was a significant morale boost for them when the 
remaining law of war detainees were moved to a ``newer'' facility. 
Naturally, it was a blow, then, to their morale when, just 1 month 
later, they were ordered back to the older, more decrepit facility to 
make way for migrants at the newer facility.
  While it is crystal clear the military is in charge of the law of war 
detention center at Guantanamo Bay, it is not clear who is legally 
responsible for the migrants being held there. Longstanding law 
dictates that U.S. Immigration and Customs Enforcement maintain 
``custody and control'' of migrants, but in the detention center, the 
military maintains control.
  This leads to questions about who is in charge and who is 
accountable. When I have asked those questions, the answers have often 
been contradictory, and that is disturbing.
  To investigate these issues, I traveled to Guantanamo Bay in March 
with several colleagues, including Senators Shaheen, Peters, King, and 
Padilla. We conducted a firsthand examination of the missions underway 
there and met with military servicemembers, ICE officers, and DHS 
officials to fully understand the costs and military readiness impacts 
of these missions. The trip raised many new questions and concerns.
  I have grave doubts about the legality of removing migrants from the 
United States to Cuba, a foreign nation, and detaining them there. 
There are at least a dozen open cases and court orders impacting the 
Guantanamo mission. The detention center has only been used for law of 
war detainees, and it is reckless to equate migrants with international 
war criminals. I was also outraged by the scale of wastefulness we 
found there.
  It is obvious Guantanamo Bay is an illogical location to detain 
migrants. The staggering financial cost to fly these migrants out of 
the United States and detain them at Guantanamo Bay--a mission costing 
tens of millions of dollars a month--is an insult to American 
taxpayers. President Trump could implement his immigration policies for 
a fraction of the cost by using existing ICE facilities in the United 
States, but he is obsessed with the image of using Guantanamo no matter 
the cost.

  I am also frustrated that my Senate colleagues and I had to fly to 
Cuba to get answers to the questions that Secretary Hegseth and 
Homeland Security Secretary Noem have been ducking for months. By 
avoiding questions, they are putting servicemembers and officers on the 
ground in the position of trying to make sense of contradictory and 
political orders without any guidance or support from the Pentagon or 
DHS headquarters.
  Since coming into office, the Trump administration has expanded the 
role of the military in immigration enforcement in other troubling 
ways. The movement of migrants from the U.S. to Guantanamo Bay is 
unprecedented, and the buildup of 12,000 Active-Duty troops at the 
southern border, including the Army's 10th Mountain Division

[[Page S2821]]

and 100 armored Stryker combat vehicles, has a huge impact on our 
military posture. This is a larger force than we deployed to 
Afghanistan in 2002 and 2003. This administration has purposely placed 
many of our military forces into the immigration debate in this 
country, and I fear it will also place them in legal and ethical risk.
  For example, on March 30--shown in the photograph here--a military 
flight traveled from Guantanamo Bay to El Salvador with foreign 
nationals on board, including seven Venezuelans. To my understanding, 
not a single DHS official or civilian was on the flight, meaning that 
military personnel maintained both custody and control of the migrants, 
contrary to longstanding DOD policy and practice.
  Here, as I said, is an image of that plane unloading in El Salvador. 
As you can see, the crew does not appear to include any DHS officials 
or civilian law enforcement personnel--only uniformed troops, who are 
physically handing migrants to the Salvadoran police.
  This flight would clearly have been in violation of various 
immigration laws and policies, recent judicial orders, and the Posse 
Comitatus Act, as the military carried out a core law enforcement 
function of deportation without any DHS official present. After the 
fact, the administration tried to explain itself by saying it used 
``counterterrorism'' authorities rather than law enforcement 
authorities. I am not aware of any counterterrorism authorities that 
would authorize such a flight.
  Accordingly, last month, I sent a letter to the Department of Defense 
Office of Inspector General, asking that office to conduct an inquiry 
into the incident and any laws or Defense Department policies that may 
have been violated. I expect the IG to exercise his independence in 
carrying out this inquiry, and I am disturbed that the administration 
continues to put servicemembers in legal and physical jeopardy through 
these reckless orders.
  Mr. President, I ask unanimous consent that this letter be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                      U.S. Senate,


                                  Committee on Armed Services,

                                   Washington, DC, April 23, 2025.
       Dear Mr. Stebbins: Recent public reporting raises issues 
     about the propriety and legality of a March 30th military 
     flight from Guantanamo Bay to El Salvador transporting 17 
     foreign nationals, including seven Venezuelan nationals to El 
     Salvador. In particular, the transport of the Venezuelan 
     nationals raises enforcement concerns under various 
     immigration laws and policy, including the Immigration and 
     Nationality Act (INA), 8 U.S.C. Sec. 1101 et seq., the 
     regulations implementing the INA, Federal law and policy 
     concerning the transport of migrants to third countries under 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act (IIRIRA), and compliance with recent judicial orders 
     concerning deportations under that Act. Most concerningly, 
     however, from the perspective of the Department of Defense 
     (DOD) and the proper use of DOD personnel, we understand that 
     there were no personnel from the Department of Homeland 
     Security on this flight, meaning that military personnel 
     maintained both custody and control of the migrants, contrary 
     to longstanding DOD policy and practice.
       According to government information, the Administration 
     relied on ``counter-terrorism'' authorities rather than law 
     enforcement authorities to conduct this deportation. We are 
     unaware of which counter-terrorism authorities, if any, would 
     authorize these flights.
       Accordingly, we ask that you conduct an inquiry into, and 
     provide us an assessment of, the following:
       1. The facts and circumstances surrounding the above 
     referenced flight(s), including:
       a. The approval authority for this flight, and any 
     subsequent approvals through the military chain of command 
     authorizing the flight(s), including, but not limited to, 
     members of the Office of the Secretary of Defense (OSD), and 
     the Commanders and staff of U.S. Northern Command, U.S. 
     Southern Command, U.S. Transportation Command, Joint Task 
     Force Southern Guard, Joint Task Force Guantanamo Bay.
       b. A copy of the legal review conducted by any party 
     identified in section 1.a. opining on the legal authority to 
     execute the flight(s), including, but not limited to. the OSD 
     Office of General Counsel, and the Staff Judge Advocates of 
     U.S. Northern Command, U.S. Southern Command, U.S. 
     Transportation Command, Joint Task Force Southern Guard, 
     Joint Task Force Guantanamo Bay.
       c. Identification of the legal authorities under which the 
     flight(s) were executed.
       d. Identification of which parties identified in sections 
     1.a. and 1.b. had knowledge of the flight(s) prior to them 
     transpiring.
       e. Identification of which DOD elements, aircraft, and 
     personnel participated in those flights.
       2. Whether this flight complied with Federal law and 
     policy, including but not limited to, the Immigration and 
     Nationality Act (INA), 8 U.S.C. Sec. 1101 et seq., the 
     regulations implementing the INA, and Federal law and policy 
     concerning the transport of migrants to third countries under 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act (IIRIRA).
       3. DOD's adherence to law and policies concerning DOD 
     support to civil authorities and conduct of law enforcement 
     activities, including, but not limited to:
       a. Section 1385 of Title 18, U.S. Code (Posse Comitatus 
     Act)
       b. Section 275 of Title 10, U.S. Code (Restriction on 
     direct participation by military personnel)
       c. DOD Directive 3025.18 (defense support of civil 
     authorities)
       d. DOD Instruction 3025.21 (defense support of civilian law 
     enforcement agencies)
       4. DOD's reliance on ``counter-terrorism'' authorities to 
     unilaterally conduct this flight, an enumeration of those 
     policies, and an assessment of whether DOD's reliance on 
     those authorities is appropriate and consistent with law and 
     policy.
       5. Any other matter you determine in the course of your 
     review to be relevant to the proper application of law and 
     policy to these circumstances.
           Sincerely.
                                                        Jack Reed,
                                                   Ranking Member.

  Mr. REED. I am also concerned about the Trump administration's 
dubious creation of ``National Defense Areas'' along the southern 
border in the last several weeks. These National Defense Areas, first 
designated in New Mexico and later expanded into Texas, were created 
when the Department of the Interior transferred land, including the 
Roosevelt Reservation--a 60-foot-wide strip along the border--to the 
Department of Defense. So now, large swaths of the border are 
considered military installations.
  The administration has created these zones so that, when a migrant 
crosses the border in those areas, prosecutors can charge them with 
both entering the United States illegally and trespassing on a military 
installation. In effect, the National Defense Zones evade the 
longstanding protections of the Posse Comitatus Act by allowing 
military forces to act as de facto border police, detaining migrants 
until they can be transferred to Customs and Border Protection. In the 
administration's telling, this approach permits military involvement in 
immigration control without invoking the Insurrection Act of 1807.
  This is both unprecedented and, indeed, a legal fiction. Again, as 
the Brennan Center report found:

       No matter how the Trump administration frames these 
     activities . . . they are civilian law enforcement functions. 
     He cannot turn them into military operations by misusing the 
     language of war. These civilian law enforcement activities 
     are not ``incidental''--they are the reason for creating the 
     installation.

  The administration is also considering using military bases to detain 
thousands of migrants inside the United States. Unlike in past 
emergencies, when military bases near the border were used to hold 
migrants during large surges, this administration is seeking to use 
installations deep within the country, including in New Jersey, 
Indiana, Delaware, California, and Virginia. One could be forgiven for 
extrapolating that these bases are being selected to hold round-ups of 
migrants in major cities.
  The President is not taking these military actions out of necessity; 
he is testing the boundaries of our legal system and, in my view, 
violating them. If left unchecked and unchallenged, he will go much, 
much further in employing the Armed Forces in to enforce domestic 
immigration laws, traditionally a civilian law enforcement function.
  For years, Mr. Trump has publicly expressed his desire to use U.S. 
military personnel for domestic law enforcement. During the last 
campaign, he repeatedly claimed that, if elected, he would order the 
National Guard and Active-Duty military to carry out mass deportations 
of undocumented migrants. He even said that he would deploy the 
military to conduct local law enforcement in cities and that troops 
could shoot shoplifters leaving the scene of a crime.
  The President's defenders often say that he is joking or exaggerating 
when he makes such claims, but we know these are not idle threats. In 
his first 100 days in office, he has declared multiple national 
emergencies and has invoked the Alien Enemies Act of 1798 to

[[Page S2822]]

deport migrants without due process. Indeed, he has even 
unapologetically deported U.S. citizens in violation of the 
Constitution. We have all seen the chilling videos of masked and hooded 
ICE agents arresting civilians on the street--scenes we are accustomed 
to seeing on the nightly news, not here but in countries run by 
dictators.
  The administration is expanding its operation one step at a time, and 
President Trump's deployment of forces to the border, the military 
deportation flights, and the establishment of National Defense Areas 
can be interpreted as setting the stage to invoke the Insurrection Act 
and order the military to carry out domestic law enforcement inside the 
country.
  In fact, we have seen the situation before. In June of 2020, then-
President Trump, infuriated by protesters in front of the White House 
and across the country, ordered his staff to prepare to invoke the 
Insurrection Act to allow him to deploy Active-Duty military forces to 
patrol the streets of DC and other cities. Then-Defense Secretary Mark 
Esper and Chairman of the Joint Chiefs of Staff Mark Milley talked him 
out of it, but the President clearly views this as a serious option.
  Beyond the immorality of Trump's desire to deploy military 
domestically, to do so would simply be illegal. As I mentioned, the 
doctrine of posse comitatus is sacred in our Nation to separate the 
military from direct law enforcement responsibilities.
  The use of National Guard or Active-Duty troops should be reserved 
only to those rare circumstances where civilian law enforcement has 
collapsed and State leaders have specifically asked for Presidential 
assistance. Their deployment should never be at the sole discretion of 
a President, as President Trump has demonstrated that such power begs 
abuse.
  Ultimately, U.S. military members are trained to engage the enemies 
of the United States abroad with deadly force, not to arrest migrants 
on the southern border or to deport them from U.S. cities. The military 
has a sacred role in our country, but the public's trust is easily 
lost, and a pillar of our society is cracked when the Commander in 
Chief uses the military recklessly.
  Our constitutional system is fundamentally designed to separate 
military and civilian roles, reserving police powers for law 
enforcement agencies and endowing the military with the superior 
weaponry and firepower necessary to fight and win the Nation's wars. 
When we allow the military to be used in the routine exercise of the 
police power, the Nation teeters on the brink of autocracy and military 
rule. One need not be a student of history to see how easily this 
backsliding can occur. It is all around us in the world today.
  Trump's clear intent to use the military in potentially illegal and 
certainly inappropriate ways for his own political benefit is 
antithetical to the spirit of our American democracy. Such power is the 
hallmark of authoritarians around the world.
  President Trump and Secretary Hegseth must use common sense, follow 
the law, and immediately cease the military border deployments and 
deportation flights.
  And, my colleagues, particularly my colleagues in the majority, 
should demand the same and hold the administration accountable for its 
actions.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Moreno). The Senator from Wyoming.
  Ms. LUMMIS. Mr. President, I ask unanimous consent to complete my 
remarks and ask that Senator Hagerty have 7 minutes to complete his 
remarks before the vote.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                                S. 1582

  Ms. LUMMIS. Mr. President, I rise today because the United States is 
behind when it comes to digital assets.
  American digital asset innovation has faced a challenging 
environment, with talent, investment, and development often relocating 
to more welcoming international jurisdictions like Singapore, 
Switzerland, and the UAE. These countries have created clear 
frameworks, specifically designed to attract blockchain ventures while 
the United States has generally maintained a less defined regulatory 
landscape that has inadvertently encouraged this exodus of opportunity 
and expertise.
  This week, we have the opportunity to start to change that, and we 
must grab the reins and ensure that all Americans are able to take 
charge of their financial futures.
  The last White House blocked us, but now we have a President who not 
only sees the immeasurable value digital assets have but is willing to 
firmly secure America's leadership in this space.
  Before he even took office, President Trump announced he had tapped 
David Sacks to serve as the White House AI and Crypto Czar, ensuring we 
maintain America's competitive edge, and issued a blitz of Executive 
actions targeting heavy-handed SEC tactics slowing down progress.
  Under President Trump, we have seen a significant shift in the 
executive branch's attitude toward digital assets. It is night and day 
what we experienced under the Biden administration. President Trump's 
promise to make America the digital asset capital of the world wasn't 
just lip service; it was a strategic vision--recognizing that dollar-
backed stablecoins represent a critical opportunity to extend American 
financial influence in an increasingly digital world--and a call to 
action. Decades from now, students will read about the foresight of the 
President and the 119th Congress in moving this issue to the forefront.
  I want to make clear that this is not a partisan issue. I have spent 
years--years--working with Senator Gillibrand of New York to ensure 
that we have crafted a bipartisan proposal that can get across the 
finish line--a lot of late nights, early morning phone calls, thousands 
of hours of our staffs going back and forth on policy.
  I want to thank Senator Gillibrand and her team for all their hard 
work, for working with my team in good faith, and for always pushing to 
make this legislation stronger.
  We have incorporated feedback from both Democrats and Republicans--
many, many, many, many Democrat amendments. We have been working for 
days--recently, days--to bring this bill to the floor and to satisfy 
our colleagues across the aisle. I truly appreciate everyone who has 
engaged on this issue. We have the opportunity now to be in the 
driver's seat and install commonsense regulations that are tailor-made 
for American-based digital asset companies. The digital future is 
something to embrace. We are witnessing the dawn of a modern 21st 
century economy that can benefit all Americans through technical 
innovation.
  This Congress, I joined with Senator Bill Hagerty of Tennessee to 
cosponsor his Guiding and Establishing National Innovation for U.S. 
Stablecoins Act, or the GENIUS Act--legislation which provides robust 
consumer protections without sacrificing innovation. And now, thanks to 
Leader Thune's leadership, the hard work of Senator Hagerty, Chairman 
Scott, Senator Gillibrand, and our shared commitment to maintaining 
U.S. leadership in this space, we can begin the bipartisan proposal and 
move it one step closer to becoming law.
  At its core, the GENIUS Act protects consumers through mandatory 100-
percent reserve backing with U.S. dollars and short-term Treasurys, the 
monthly public disclosure of reserve composition, and strict 
prohibitions against misleading marketing.
  Put simply, this isn't just another bill. It is a comprehensive 
framework, ensuring America leads the next generation of financial 
technology in stablecoins.
  Just minutes ago, an American was elected Pope. His name will be Leo 
XIV--an American leading one of the strongest religious organizations 
in the world. We should also be leading in financial innovation.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Tennessee.
  Mr. HAGERTY. Mr. President, I want to compliment my colleague from 
Wyoming for the wonderful introduction that she gave. That means that I 
don't need to give the many, many pages of speech that I had planned. 
But I would like to come to one final point, and that is for the 
benefit of my colleagues today.
  I want to take a broader view of what we are actually voting on. What 
we are voting on is ``cloture.'' That is a term

[[Page S2823]]

that is used to get on the bill, to actually have the debate that we 
are supposed to conduct here in the U.S. Senate. It is the beginning of 
debate for a bill that fundamentally supports crypto technology and 
innovation here in America at the most basic level.
  My Democratic colleagues supported this, coming through a committee 
on a bipartisan basis. In fact, we had a vote of 18 to 6, a very strong 
movement out of committee.
  Since that time, we have made a number of changes at their request. 
They have come back again with more requests. We are considering those 
changes as well. But for us to even begin to implement these changes, 
we are going to have to get on this bill in order to debate it and in 
order to incorporate the changes that have been negotiated.
  I look forward to working with my colleagues should they choose to 
move forward on this bill. And if they don't, I want the American 
public and I want everybody watching today to understand that this is a 
vote to kill the crypto industry here in America, and it is a shame.
  This is our first opportunity to deliver groundbreaking legislation 
to America that puts America squarely in the most competitive place we 
possibly could be, to lead in the area of innovation where we need to 
be leading. Otherwise, this would be a vote to push all of that 
offshore. It is a vote for our strength.
  I want to thank the Senators who have helped so much: Senator Scott 
and Senator Lummis from our side. And I want to thank Senators 
Gillibrand and Alsobrooks from the Democrat side. I want to thank 
everybody who has worked so hard on this. And I hope that we will be 
able to move forward, actually get on this bill, and complete our work.
  I yield the floor.


                             Cloture Motion

  The PRESIDING OFFICER. Pursuant to rule XXII, the Chair lays before 
the Senate the pending cloture motion, which the clerk will state.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the motion to 
     proceed to Calendar No. 66, S. 1582, a bill to provide for 
     the regulation of payment stablecoins, and for other 
     purposes.
         John Thune, Ted Budd, Katie Boyd Britt, John Cornyn, Deb 
           Fischer, Roger Marshall, Jim Justice, Tim Scott of 
           South Carolina, Mike Crapo, Tommy Tuberville, Bill 
           Hagerty, Cindy Hyde-Smith, Markwayne Mullin, Mike 
           Rounds, Steve Daines, Cynthia M. Lummis, Rick Scott of 
           Florida.

  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. GALLEGO. Mr. President, I ask unanimous consent to speak for up 
to 2 minutes.
  The PRESIDING OFFICER. Is there objection?
  Mr. KENNEDY. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. KENNEDY. I withdraw my objection.
  The PRESIDING OFFICER. The Senator is recognized for 2 minutes.


                   Unanimous Consent Request--S. 1582

  Mr. GALLEGO. Mr. President, we made some great progress this past 
week. I greatly--greatly--appreciate the work that we have done in a 
bipartisan manner.
  I want to thank my fellow colleagues across the aisle: Senator 
Warner, Senators Lummis, Hagerty, Chairman Scott, Senators Alsobrooks 
and Lisa Blunt Rochester. They really have been working hard to get a 
good product, and it was done in good faith. And I really want to thank 
my Republican colleagues for doing this.
  The reason you are hearing some hesitancy is the legislation of this 
scope and importance really just cannot be rushed, and we need time 
both to educate our colleagues and people.
  We are not shutting down. We don't want to shut this down to the 
point where we are ending all this work that we have put into it. We 
want to bring this economy and this innovation to the United States, 
and I am asking for that time.
  I want to be clear that you do have enough Members across the aisle 
who want to see this passed in a good manner. So what I am going to be 
asking for is that we collapse today's vote and Monday's vote into a 
single vote on Monday.
  I believe there is a pathway for us to actually get this done, get 
good language, and have a bipartisan win for this country.
  All this agreement is asking for is simply to combine today's and 
Monday's vote. It would not add or reduce any floor time compared to 
just taking this vote today. So I ask for unanimous consent to do that.
  The PRESIDING OFFICER. Is there objection?
  Mr. KENNEDY. Objection.
  The PRESIDING OFFICER. Objection is heard.
  By unanimous consent, the mandatory quorum call has been waived.
  The question is, Is it the sense of the Senate that debate on the 
motion to proceed to S. 1582, a bill to provide for the regulation of 
payment stablecoins, and for other purposes, shall be brought to a 
close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. BARRASSO. The following Senators are necessarily absent: the 
Senator from Kansas (Mr. Moran) and the Senator from Mississippi (Mr. 
Wicker).
  Mr. DURBIN. I announce that the Senator from Minnesota (Ms. Smith) is 
necessarily absent.
  The yeas and nays resulted--yeas 48, nays 49, as follows:

                      [Rollcall Vote No. 240 Leg.]

                                YEAS--48

     Banks
     Barrasso
     Blackburn
     Boozman
     Britt
     Budd
     Capito
     Cassidy
     Collins
     Cornyn
     Cotton
     Cramer
     Crapo
     Cruz
     Curtis
     Daines
     Ernst
     Fischer
     Graham
     Grassley
     Hagerty
     Hoeven
     Husted
     Hyde-Smith
     Johnson
     Justice
     Kennedy
     Lankford
     Lee
     Lummis
     Marshall
     McConnell
     McCormick
     Moody
     Moreno
     Mullin
     Murkowski
     Ricketts
     Risch
     Rounds
     Schmitt
     Scott (FL)
     Scott (SC)
     Sheehy
     Sullivan
     Tillis
     Tuberville
     Young

                                NAYS--49

     Alsobrooks
     Baldwin
     Bennet
     Blumenthal
     Blunt Rochester
     Booker
     Cantwell
     Coons
     Cortez Masto
     Duckworth
     Durbin
     Fetterman
     Gallego
     Gillibrand
     Hassan
     Hawley
     Heinrich
     Hickenlooper
     Hirono
     Kaine
     Kelly
     Kim
     King
     Klobuchar
     Lujan
     Markey
     Merkley
     Murphy
     Murray
     Ossoff
     Padilla
     Paul
     Peters
     Reed
     Rosen
     Sanders
     Schatz
     Schiff
     Schumer
     Shaheen
     Slotkin
     Thune
     Van Hollen
     Warner
     Warnock
     Warren
     Welch
     Whitehouse
     Wyden

                             NOT VOTING--3

     Moran
     Smith
     Wicker
  The PRESIDING OFFICER. The majority leader.
  Mr. THUNE. Mr. President, I change my vote to no.
  The PRESIDING OFFICER. On the motion, the yeas are 48, the nays are 
49.
  On this vote, three-fifths of the Senators duly chosen and sworn not 
having voted in the affirmative, the motion is not agreed to.
  The motion was rejected.
  The majority leader.


                          Motion to Reconsider

  Mr. THUNE. Mr. President, I enter a motion to reconsider the vote.
  The PRESIDING OFFICER. The motion is entered.

                          ____________________