[Congressional Record Volume 172, Number 99 (Thursday, June 11, 2026)]
[Senate]
[Pages S2747-S2751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      THEODORE ROOSEVELT NATIONAL PARK WILD HORSES PROTECTION ACT

                                 ______
                                 

                 CROSS-BOUNDARY WILDFIRE SOLUTIONS ACT

  Mr. HOEVEN. Mr. President, I come to the floor today to ask unanimous 
consent to pass two bills--S. 1377, my Theodore Roosevelt National Park 
Wild Horses Protection Act and Senator Gallego's Cross-Boundary 
Wildfire Solutions Act. I want to thank my colleague for joining me 
here today and for his work on this legislation, and I urge my 
colleagues to support the passage of these bills today.
  In the case of my bill, for generations, horses have been a living, 
breathing part of the Theodore Roosevelt National Park in North Dakota. 
Their presence in the Badlands predates the establishment of the park 
itself and traces back to the region's early ranching heritage. Today, 
the horses remain one of the park's most recognizable and beloved 
features, enjoyed by more than 700,000 visitors annually when they come 
to the Theodore Roosevelt National Park.
  But the horses are much more than just a visitor attraction; they are 
an important part of the historic landscape that reflects what Theodore 
Roosevelt himself experienced during his time in the Dakota Territory. 
His years in the Badlands helped shape his character, and they inspired 
the conservation ethic that would later define his Presidency. He was a 
rancher, so he was on horseback all of the time. He really credits 
North Dakota in that experience for rounding out his strength and 
vitality, which are some of the attributes that he needed to go on and 
be elected President. As a result, the horses of the Theodore Roosevelt 
National Park have become an enduring symbol of that legacy.
  Yet, despite their importance, there have been repeated efforts to 
remove them from the park, including as recently as in 2022. Each and 
every time, those efforts are met with overwhelming public opposition 
not just from people in North Dakota but from people across the country 
who recognize the contributions the horses make to the park's 
incredible and colorful history. That is why we have introduced this 
legislation.
  S. 1377 provides a balanced, commonsense, and durable solution. It 
ensures the National Park Service will continue to manage a healthy 
horse herd while providing permanent protection for an important part 
of the park's identity. Specifically, the bill directs the National 
Park Service to maintain a herd of not fewer than 150 horses--a 
population level consistent with the need for responsible management of 
a genetically diverse herd.
  I greatly appreciate my colleague from Virginia Senator Kaine for 
joining me in introducing and sponsoring this legislation. Senator 
Kaine understands firsthand the important role of the wild ponies of 
the Chincoteague and Assateague Islands on Federal lands in his own 
State.
  I also appreciate the support from the Department of the Interior and 
the National Park Service and their willingness to provide certainty 
for the future of horses in the Theodore Roosevelt National Park.
  This bill is about ensuring that future generations can experience 
the same landscape that helped shape one of our Nation's greatest 
conservation leaders. By passing this bill, we can ensure the future of 
wild horses at the Theodore Roosevelt National Park.
  I would also like to thank Chairman Lee, Ranking Member Heinrich, and 
the Energy Committee's staff for their work in helping us advance this 
important legislation.

[[Page S2748]]

  I am also pleased to work with Senator Gallego to pass his Cross-
Boundary Wildfire Solutions Act today, and I appreciate his 
partnership.
  Therefore, as in legislative session, I ask unanimous consent that 
the Committee on Energy and Natural Resources be discharged from 
further consideration of S. 1377 and that the Senate proceed to the 
immediate consideration of the following bills en bloc: Calendar No. 
430, S. 2033, and S. 1377.
  The PRESIDING OFFICER. The clerk will report the bills by title.
  The senior assistant bill clerk read as follows:

       A bill (S. 2033) to direct the Comptroller General of the 
     United States to conduct a study on existing programs, rules, 
     and authorities that enable or inhibit wildfire mitigation 
     across land ownership boundaries on Federal and non-Federal 
     land.
       A bill (S. 1377) to ensure the maintenance of a herd of 
     horses in Theodore Roosevelt National Park, and for other 
     purposes.

  There being no objection, the committee was discharged of the 
relevant bill (S. 1377), and the Senate proceeded to consider the bills 
en bloc, (S. 2033) which had been reported from the Committee on Energy 
and Natural Resources with an amendment to strike all after the 
enacting clause and insert the part printed in italic, as follows:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Cross-Boundary Wildfire 
     Solutions Act''.

     SEC. 2. STUDY ON WILDFIRE MITIGATION ACROSS LAND OWNERSHIP 
                   BOUNDARIES.

       (a) Study Required.--The Comptroller General of the United 
     States shall conduct a study on--
       (1) the existing Federal programs, rules, and authorities 
     that enable or inhibit wildfire mitigation from being 
     completed across land ownership boundaries on Federal and 
     non-Federal land;
       (2) whether changes to any program, rule, or authority 
     identified pursuant to paragraph (1) would allow Federal land 
     management agencies (as defined in section 802 of the Federal 
     Lands Recreation Enhancement Act (16 U.S.C. 6801)), the 
     Secretary of Agriculture, acting through the Chief of the 
     Natural Resources Conservation Service, the Secretary of 
     Homeland Security, acting through the Administrator of the 
     Federal Emergency Management Agency, the U.S. Fire 
     Administration, States, local governments, and Tribal 
     governments increased capacity or access to funding to 
     mitigate wildfires; and
       (3) the activities carried out pursuant to subsection (e) 
     of section 103 of the Healthy Forests Restoration Act of 2003 
     (16 U.S.C. 6513), including--
       (A) how to improve the efficacy of such activities with 
     respect to mitigating wildfire; and
       (B) whether the enactment of such subsection has increased 
     the access of Federal land management agencies and States to 
     funding to mitigate wildfires.
       (b) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Natural Resources and 
     the Committee on Agriculture of the House of Representatives 
     and the Committee on Energy and Natural Resources and the 
     Committee on Agriculture, Nutrition, and Forestry of the 
     Senate a report that contains--
       (1) the results of the study required under subsection (a); 
     and
       (2) recommendations to simplify cross-boundary wildfire 
     mitigation between Federal land management agencies and 
     State, local, and Tribal governments.

  Mr. HOEVEN. I further ask unanimous consent that the committee-
reported substitute amendment to S. 2033 be agreed to; that the bills, 
as amended, where amended, be considered read a third time and passed; 
and that the motions to reconsider be considered made and laid upon the 
table with no intervening action or debate, all en bloc.
  The PRESIDING OFFICER. Is there an objection?
  Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 2033), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  The bill (S. 1377) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 1377

       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 ``Theodore Roosevelt National 
     Park Wild Horses Protection Act''.

     SEC. 2. MAINTENANCE OF HORSES IN THEODORE ROOSEVELT NATIONAL 
                   PARK.

       Section 5 of the Act of April 25, 1947 (61 Stat. 54, 
     chapter 41; 16 U.S.C. 245), is amended--
       (1) by striking the section designation and all that 
     follows through ``The Administration'' and inserting the 
     following:

     ``SEC. 5. ADMINISTRATION, PROTECTION, AND DEVELOPMENT.

       ``(a) In General.--The administration''; and
       (2) by adding at the end the following:
       ``(b) Maintenance of Horses.--
       ``(1) In general.--The Secretary of the Interior (referred 
     to in this subsection as the `Secretary') shall maintain a 
     genetically diverse herd of horses in the South Unit of 
     Theodore Roosevelt National Park (referred to in this 
     subsection as the `Park'), with a population of not fewer 
     than 150 horses.
       ``(2) Management plan.--
       ``(A) In general.--Not later than 120 days after the date 
     of enactment of this subsection, the Secretary shall develop 
     a plan to provide for the management of horses in the Park.
       ``(B) Requirements.--The plan developed under subparagraph 
     (A) shall provide for the cost-effective management of the 
     horses in the Park while ensuring that natural resources 
     within the Park are not adversely impacted.
       ``(3) Removal.--The Secretary shall not remove, or assist 
     in or permit the removal of, any horses from Federal land 
     within the boundaries of the Park--
       ``(A) unless the removal is carried out as part of a plan 
     to maintain a genetically diverse herd of horses; or
       ``(B) except--
       ``(i) in the case of emergency; or
       ``(ii) to protect public health and safety.
       ``(4) Monitoring and assessment.--The Secretary shall 
     annually monitor, assess, and make available to the public 
     findings regarding the population, structure, and health of 
     the horses in the Park.''.
  Mr. HOEVEN. Mr. President, with that, again, I want to thank my 
colleague Senator Gallego and turn to him for his comments.
  I yield the floor.
  Mr. GALLEGO. Mr. President, I rise today to mark an important step in 
the fight against wildfires with the passage of my Cross-Boundary 
Wildfire Solutions Act.
  Like many Western States, my home State of Arizona is a patchwork of 
Federal, State, Tribal, and private lands. The fires do not stop at 
property lines. That is why we need an all-hands-on-deck approach to 
reducing wildfires and improving wildfire mitigation across land 
ownerships no matter who owns that land.
  When fires move faster than governments can coordinate, the fire has 
the advantage. The Cross-Boundary Wildfire Solutions Act takes a 
practical step to fixing that. The bill supports the kind of 
collaboration between Federal, State, Tribal, and local partners that 
we know works. By studying and identifying the gaps in current Federal 
rules that present coordination between land ownership boundaries, we 
can bolster our firefighting efforts.
  This couldn't be more timely. The West is getting hotter and dryer 
every year. In Arizona, we watched more than 200,000 acres burn across 
the North Rim of the Grand Canyon and the Kaibab National Forest.
  The Dragon Bravo fire, one of the largest in Arizona's history, 
devastated iconic landscapes and the local businesses that depend on 
them.
  In the face of these conditions, it is vital we have the research and 
coordination tools to ensure effective wildfire management.
  At the same time, funding for the Forest Service's State, Tribal, and 
private forestry program is at risk. That is the funding that enables 
exactly the kind of cross-boundary collaboration this bill is designed 
to work with.
  Congress needs to send a signal that we know this work matters, and 
we have the chance to do so today.
  As we approach peak wildfire season, I have heard from people on the 
ground that cross-boundary collaboration is a top priority to keep our 
fire season from growing more dangerous and more expensive, and they 
are right.
  The cost of inaction in lives and lands and dollars keeps climbing. 
So thank you, Senator Hoeven, and his team for helping me lead this 
effort. Today we take a very important step in that direction.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arkansas.


                       Unanimous Consent Requests

  Mr. COTTON. Mr. President, section 702 of the Foreign Intelligence 
Surveillance Act, also known as FISA, is a critical national security 
tool. Well over half of every item in the President's daily brief is 
derived from section 702.
  It has stopped terrorist attacks. It has stopped the flow of deadly 
drugs into our country. It has protected our troops overseas. It has 
allowed us to rescue troops overseas.

[[Page S2749]]

  Regrettably, the Democrats, led by the two minority leaders, are 
going to allow this critical authority to expire tomorrow night.
  Again, this program, which has been on the books for almost 20 years, 
is one of the most important intelligence tools that we have.
  And why are they going to let it expire? I guess the minority leader 
is mad about who Donald Trump chose to run an intelligence Agency on an 
acting basis--an Agency that, by the way, has very little to do with 
section 702.
  To the extent it does, legislation I proposed with Senator Warner and 
other leaders in this Senate would impose more guardrails on that 
Agency.
  And, by the way, if the law expires tomorrow night, all the 
guardrails on that, and every other Agency, expire as well.
  So even though we haven't been able to pass the legislation that 
Senator Grassley and I coauthored with Senator Warner and others, the 
responsible next step is to have a short-term extension of this 
legislation, especially as we begin welcoming literally millions of 
foreigners to this country for the World Cup and for the America 250 
celebrations right around the corner.
  If we don't extend it for at least a few weeks while we continue to 
try to work on our differences, the consequences could be severe. The 
consequences, to be frank, could be fatal. Americans should not have to 
face that risk because of partisan game playing by the minority leader 
of the Senate and the House.
  Mr. President, as if in legislative session, I ask for unanimous 
consent that the Senate proceed to the immediate consideration of the 
bill at the desk. I further ask that the bill be considered read a 
third time and passed and that the motion to reconsider be considered 
made and laid upon the table.
  The PRESIDING OFFICER. Is there an objection?
  The Senator from Oregon.
  Mr. WYDEN. Mr. President, reserving the right to object.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. WYDEN. Reserving the right to object is particularly relevant 
here, because I am sure my colleague is aware that the bill--the 3-week 
bill--was just defeated in the House on a strong, bipartisan vote this 
morning.
  The House is not back until the 23rd. So my understanding is you 
can't do anything.
  Bipartisan majorities in both the House and the Senate have now 
rejected what I consider to be the surveillance status quo. I believe 
there just have been too many abuses of Americans' rights across 
multiple administrations, and Members of Congress are now standing up 
and saying: No more.
  The only viable path forward is one that leads to real reforms. The 
Congress has already punted on section 702 twice this year. Every day 
that 702 is in effect without reforms is a day that Americans' rights 
are under threat. I believe Americans deserve new guardrails. If 
Congress is going to extend these authorities--and that is what we are 
talking about--those guardrails are essential. And, at a minimum, 
Americans deserve transparency about how these surveillance powers have 
been abused.
  For those reasons, Mr. President, I object.
  The PRESIDING OFFICER. The objection is heard.
  The Senator from Arkansas.
  Mr. COTTON. Mr. President, let me try to respond to that fog of 
misunderstanding and misleading statements.
  Section 702 does not surveil Americans. It is, to put it simply, 
about foreigners in foreign countries: so, say, an IRGC leader in Iran 
talking to one of his operatives in Lebanon; or a Russian in Moscow 
talking to a Russian in Mexico--all of whom are usually up to no good. 
The government is not permitted to use section 702 to target Americans, 
either here or in other countries.
  It is called section 702 because, as is usually the case, laws have 
other sections to them--like title I has sections of the law that 
govern any targeting of an American--and those sections require a 
probable cause warrant, which is the Senator from Oregon's great 
crusade.
  So-called reverse targeting of Americans, using section 702, is 
prohibited. Requiring a probable cause warrant for this information is 
akin to requiring a police officer to get a new warrant every time he 
goes into the evidence room to review lawfully collected evidence.
  Now, for all the talk about transparency and oversight and privacy 
protections, I would point out that the legislation I have introduced 
has more than a dozen additional measures to include, for instance, 
criminal penalties for any abuse, to include more congressional 
involvement in the FISA Court's processes, more reporting to the 
committees on which the Senator from Oregon sits--just like the law we 
passed 2 years ago had many additional transparency measures and 
privacy protections.
  And, as I pointed out, if this law is allowed to expire tomorrow 
night, so do all of those transparency measures and all those privacy 
protections.
  So it is regrettable that we have reached this point, Mr. President. 
I just hope that the American people don't pay the consequences for the 
Democrats' reckless intransigence.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. WYDEN. Mr. President, again, like yesterday, I am making what I 
believe is a real offer now. I am offering, again, to extend section 
702 of FISA for 5 weeks and give the public more facts about how these 
surveillance powers have been abused.
  Defenders of the status quo seem to think that there is already 
enough transparency around government surveillance. So let me be very 
specific about what the bill that I am now proposing would do. It would 
require more public disclosure about violations of our surveillance 
laws, including section 702.
  It would require more public disclosure about warrantless searches 
targeting politicians, journalists, and religious leaders. This 
particular category of searches more than tripled in 2025, and the FBI 
has refused to explain why.
  It would require more public disclosure about warrantless 
surveillance of Americans outside of FISA, which the public knows 
virtually nothing about. And it would require the executive branch to 
redact and release a March 2026 FISA Court ruling that found serious 
violations affecting Americans' rights.
  The executive branch is already required to release this ruling 
eventually. The chairman and the vice chairman of the Intelligence 
Committee, in fact, asked them to release it by May 15. But, 
unfortunately, they just brushed off the chairman and the vice 
chairman's request.
  Mr. President, so as if in legislative session, I ask unanimous 
consent that the Senate proceed to the immediate consideration of S. 
4740; that the bill be considered read a third time and passed; and 
that the motion to reconsider be considered made and laid upon the 
table.
  The PRESIDING OFFICER. Is there an objection?
  The Senator from Arkansas.
  Mr. COTTON. You bet there is, Mr. President.
  Mr. President, all of these ideas are totally unworkable and also 
beside the point.
  The Senator from Oregon has never voted for section 702. He is an 
implacable, ideological opponent of this law.
  These measures, too, are for what--a 5-week extension that he would 
then extend permanently? That doesn't sound like a very reasonable 
offer to me.
  But almost every one of them is designed to make this program 
unworkable and to expose Americans to grave risk.
  There are already, again, dozens of transparency measures and privacy 
protections in place under a law passed, just 2 years ago, by a 
Democratic Senate, signed by a Democratic President.
  The legislation that Senator Grassley and I drafted with another 
Democratic Senator, the vice chairman of my committee--the Intelligence 
Committee--has nearly two dozen more. It is never enough for the 
Senator from Oregon.
  So perhaps the minority leaders of the Senate and the House will 
eventually come to their senses and vote to support legislation that 
key leaders in their party have drafted to protect this country. But it 
will never be enough for the Senator from Oregon.

[[Page S2750]]

  So I, of course, object.
  The PRESIDING OFFICER. The objection is heard.
  The Senator from Oregon.
  Mr. WYDEN. Mr. President, just very briefly on this last point, the 
proposals I made yesterday and the proposals I made today are longer 
than anything else on offer--5 weeks--and I think that is the relevant 
fact.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arkansas.
  Mr. COTTON. A 5-week extension for permanent, radical unworkable 
reforms. That is a farce.
  The PRESIDING OFFICER. The majority leader.


                       Unanimous Consent Request

  Mr. THUNE. Mr. President, what the Senator from Arkansas and chairman 
of the Senate Intelligence Committee just said is absolutely accurate: 
The Senator from Oregon has consistently tried to kill this program and 
has never believed in it, has never voted for it. And it is a program 
that makes Americans more safe. That is a proven fact.
  You ask any intelligence expert, any military planner in this 
country, the intelligence derived from the 702 program is something 
that has saved American lives in theaters of conflict, preventing 
terrorist attacks, preventing drug runners from getting drugs into this 
country.
  Mr. President, 90 percent--90 percent--of the fentanyl disruptions 
coming into this country were stopped because of this program. This is 
a program that saves American lives.
  And I have to ask the question. I mean, I can't, for the life of me, 
figure out why the Democrats continue to support policies that make 
this country less safe. TSA agents, I think, this year have worked 
without pay for almost as much time as they have worked with pay 
because Democrats have wanted to shut the government down, shut TSA 
down.
  More recently, Border Patrol and Immigration and Customs Enforcement, 
two Agencies that are critical to keeping this country safe--they don't 
want to provide a single dollar--zero--zero dollars for ICE and CBP, 
making this country less safe.
  And so what did we have to do? We had to use reconciliation to do 
something that ought to be a no-brainer around here: protecting the 
American people, keeping our borders secure, protecting people in our 
communities in this country from criminal illegal aliens.
  I just don't understand this. And now this, blocking something that 
was negotiated on a bipartisan, bicameral basis, House and Senate--the 
chairman of the Senate Intelligence Committee, his Democrat 
counterpart; the same thing on the House side--with reforms, a lot of 
reforms. Something was negotiated in a bipartisan way to get a bill on 
the floor that we could use to extend this program and continue to keep 
Americans safe.
  The ranking Democrat on the Senate Intelligence Committee made some 
public statements earlier today, and one was that having this shutdown 
is ``obviously a high risk proposition.'' That is a quote. He went on 
to say that he believes it is ``dangerous''--``dangerous''--for section 
702 to lapse.
  And what this is all about is a temporary acting position at DNI. So 
Democrats have decided to block a vote against something that many in 
the past have supported, that is keeping this country safe, because 
they don't like the person that President Trump is putting into a 
temporary acting role. These aren't linked.
  This is a program that works, and it works effectively to keep 
Americans safe. And the reforms that have been proposed, the 
legislation that has been agreed upon by Democrats and Republicans in 
the House and the Senate, ought to be able to pass the U.S. Senate.
  Mr. President, 100 percent of the President's intelligence priorities 
are informed by the 702 collection--100 percent. I am just really--I 
don't get it. I just don't get it.
  So what I am going to do is suggest, because this acting temporary 
person doesn't even get into the acting temporary position until a week 
from tomorrow, June 19, I am going to suggest that we do at least a 1-
week extension to keep the lights on at this Agency, at a time when we 
are hosting the World Cup. We have got 250th anniversary celebrations 
going on around this country.
  This is a time of risk for the American people, and Democrats here in 
the Senate said: Well, sorry. We don't like this guy in the acting 
temporary position, and so we are going to shut the lights off on this 
program and put at risk the American people. It is an untenable, 
irresponsible position.
  But since he doesn't take that position until a week from Friday, I 
think we ought to at least extend this program through a week from 
Friday and allow for some more time for people to figure out the long-
term solution, if there is one.
  So, Mr. President, as if in legislative session, I am going to ask 
unanimous consent that the Senate proceed to the immediate 
consideration of the bill at the desk. I will further ask that that 
bill be considered read a third time and passed, and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Oregon.
  Mr. WYDEN. Reserving the right to object.
  Mr. President, as the majority leader knows, the bill that came up in 
the House had a strong bipartisan vote this morning. It was not 
something that one party simply tried to jam something through on the 
other; it was a strong bipartisan vote. It was defeated. The House is 
gone until the 23rd, so they can't do anything.
  Now, with respect to a couple of the details made by the majority 
leader, I have already indicated that on offer is my proposal, which is 
longer than anything that has come up in the last day. It is a real 
offer.
  By the way, it is not changing any surveillance powers at all. All my 
proposal does is offer some transparency, and I think transparency 
information is relevant when there has been evidence of Americans being 
spied on, and I think that is why it is important.
  So for those reasons, Mr. President, I object.
  The PRESIDING OFFICER. The objection is heard.
  Mr. THUNE. Let me just, again, say for the record, because the 
Senator from Oregon's proposal is designed to kill the bill--and there 
was a vote in the House. And I want to say there were 190 Republicans 
in the House who voted for a 3-week extension. And there would have 
been a lot of Democrats if they hadn't been told by their leadership, 
like they have been told here, not to vote for an extension.
  This is an extension. This is an extension of current law. We have a 
proposal that has been negotiated by both sides that would be a longer 
term extension.
  So if you are rejecting the 3-week extension, what I am suggesting 
here, and what you just objected to, because my understanding is--
correct me if I am wrong--that the reason all the Democrats went south 
on this, in both the Senate and the House, was because of the 
nomination of a gentleman named Bill Pulte to be the acting temporary 
Director of the Office of National Intelligence.
  If that is true and if he doesn't take office until a week from 
Friday, what objection could there possibly be--possibly be--to 
extending this program's authority until at least next Friday, so that 
we don't have a period where this program lapses, this program goes 
dark, at a time when there are literally hundreds of thousands of 
people coming into this country for the World Cup.
  A 1-week extension, that is all we are saying. And the Democrats are 
going to object to that.
  So, again, I will simply say this is, on its face, an irresponsible 
position that makes America and Americans less safe.
  The PRESIDING OFFICER. The Senator from Ohio.
  Mr. MORENO. Mr. President, I will make my remarks very, very brief.
  For those watching on TV, wondering what their government did this 
week, what you just witnessed on the floor of the U.S. Senate is one 
Democrat, at least, who is willing to have his position stated. The 
other ones are hiding because they know what they did today was so 
wrong.
  At the end of the day, the most important job we have is to protect 
the American people. And because of Democrat political posturing, they 
made this country less safe.

[[Page S2751]]

  And I hope and pray to God that nothing happens in this country where 
an American is killed or something happens to this Nation as a result 
of what we just witnessed here today.
  This is another low point in the history of the U.S. Senate.


                          Waiving Quorum Call

  Mr. President, I ask unanimous consent to waive the mandatory quorum 
call with respect to the Smith nomination.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MORENO. I ask unanimous consent for the previously scheduled 
rollcall vote to commence.


                             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 nomination of Executive Calendar No. 742, 
Justin D. Smith, of Missouri, to be United States Circuit Judge for the 
Eighth Circuit.
         John Thune, Tim Sheehy, Pete Ricketts, Mike Rounds, John 
           Barrasso, Ted Budd, Jim Banks, Rick Scott of Florida, 
           Todd Young, David McCormick, Shelley Moore Capito, Jon 
           Husted, John Boozman, Mike Crapo, Katie Boyd Britt, 
           Eric Schmitt, John R. Curtis.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on the 
nomination of Justin D. Smith, of Missouri, to be United States Circuit 
Judge for the Eighth Circuit, shall be brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The senior assistant bill clerk called the roll.
  Mr. BARRASSO. The following Senators are necessarily absent: the 
Senator from Tennessee (Mrs. Blackburn), the Senator from South 
Carolina (Mr. Graham), the Senator from Tennessee (Mr. Hagerty), the 
Senator from Florida (Mrs. Moody), the Senator from Kansas (Mr. Moran), 
and the Senator from North Carolina (Mr. Tillis).
  Further, if present and voting: the Senator from South Carolina (Mr. 
Graham) would have voted ``yea'' and the Senator from Tennessee (Mr. 
Hagerty) would have voted ``yea.''
  Mr. DURBIN. I announce that the Senator from Colorado (Mr. Bennet), 
the Senator from Delaware (Mr. Coons), the Senator from Nevada (Ms. 
Rosen), and the Senator from New Hampshire (Mrs. Shaheen) are 
necessarily absent.
  The yeas and nays resulted--yeas 47, nays 43, as follows:

                      [Rollcall Vote No. 171 Ex.]

                                YEAS--47

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

                                NAYS--43

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

                             NOT VOTING--10

     Bennet
     Blackburn
     Coons
     Graham
     Hagerty
     Moody
     Moran
     Rosen
     Shaheen
     Tillis
  The PRESIDING OFFICER (Mr. Moreno). On this vote the yeas are 47, the 
nays are 43, and the motion is agreed to.
  The motion was agreed to.

                          ____________________