[Pages S5544-S5548]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

LEGISLATIVE SESSION

Mr. THUNE. I ask consent that the Senate resume legislative session.
The PRESIDING OFFICER. Without objection, it is so ordered.

Waiving Quorum Call

Mr. THUNE. Mr. President, I ask unanimous consent to waive the
mandatory quorum call with respect to the

[[Page S5545]]

motion to proceed to Calendar No. 115, S. 2296.
The PRESIDING OFFICER. Without objection, it is so ordered.
The PRESIDING OFFICER. The Senator from Rhode Island.

National Defense Authorization Act

Mr. REED. Mr. President, I rise to discuss the National Defense
Authorization Act for Fiscal Year 2026.
The Armed Services Committee approved this bill in July by a wide
bipartisan vote of 26 to 1. I appreciated the opportunity to work with
Senator Wicker and commend him for his leadership in this regard and
also my colleagues on the committee who worked to produce this bill
that we are now considering on the floor.
But before I turn to the details of the bill, I must take a moment to
address the ongoing deployment of National Guard troops here in the
capital and across the country. Over the past several months, President
Trump has drastically escalated his use of the military for political
purposes, first in Los Angeles--in fact, a judge, today, found that it
violated the Posse Comitatus Act with his actions--and now in
Washington and very likely soon in other major cities. The President
has abused his power as Commander in Chief to order thousands of
military servicemembers to conduct law enforcement in American cities.
This is antithetical to the core principles of our country. Our
military is there to fight our wars. Police officers, under local
jurisdiction, are there to enforce the laws. And then there are Federal
laws that can be enforced by Federal authorities, not military
personnel.
I have always been a proponent of strong law enforcement and safety
in our communities. That is why I supported the COPS and Byrne-JAG
Programs, among others. But using military forces to police American
citizens blurs the vital line between civilian law enforcement and the
armed forces, and it damages public trust. Public trust in the military
is hard-won and easily lost. And I fear the President is causing severe
harm to that relationship.
These deployments threaten the very freedoms our servicemembers swear
to protect, and I urge my Republican colleagues to join us in calling
for them to end immediately, this use of military personnel to enforce
the civil laws of the United States.
To that end, the fiscal year 2026 NDAA establishes important
congressional oversight of Defense Support of Civil Authorities. The
bill reinstates mandatory training for all servicemembers on the rules
of engagement, domestic operations, ethics, and the code of conduct to
prevent escalation during deployments on American soil--legal
deployments--under both title 10 and title 32. It requires personnel
deployed alongside law enforcement to wear clear service identification
on their uniforms and ensures military lawyers remain fully qualified
and in good standing.
The bill also mandates reviews of military costs incurred supporting
the Department of Homeland Security, reporting on the use of military
facilities for migrant detention, and transparency when military
aircraft and resources are diverted for immigration enforcement. We are
accumulating a multi-multimillion-dollar bill in the Department of
Defense for functions that are the responsibility of the Department of
Homeland Security. That is not smart spending. That is not a wise
investment in our military.
Together, the provisions I described provide greater assurances that
when our troops are deployed domestically and legally, their role is
tightly defined, accountable, and consistent with American values.
More broadly, this is a defense bill that is laser-focused on the
threats we face. It addresses a broad range of pressing issues from
strategic competition with China and Russia to countering defense from
Iran, North Korea, and violent extremists.
The bill authorizes important investments in key technology like
artificial intelligence, unmanned systems, and hypersonics, and makes
real progress toward modernizing our ships, aircraft, and combat
vehicles.
Most importantly, this NDAA delivers key wins for servicemembers and
their families. It authorizes a 3.8-percent pay raise for our troops
and provides important new resources, such as improved housing and
barracks, additional childcare assistance benefits, and expanded
programs to address traumatic brain injuries. It also strengthens
education support for military children and requires more transparency
in how pay and housing allowances are calculated.
Our greatest asset in this country are the men and women of our Armed
Forces. They deserve and they have earned these benefits. Bringing into
the military qualified Americans from all ranks and all sections and
all regions, both genders, is critical to the success of our military
forces.
Additionally, this bill reaffirms America's role on the world stage.
It extends and expands the Ukraine Security Assistance Initiative and
commits the Department of Defense to continue providing military and
intelligence support to Ukraine.
It also strengthens our alliances in Asia by fully funding the
Pacific Deterrence Initiative and providing new authority for U.S.
military cooperation with Taiwan. The bill would help modernize our
partnership with Japan and the Philippines and ensure our defense
industrial base works hand in hand with our allies to counter shared
threats. Importantly, the bill will also prohibit any reckless
reductions in our force posture in Europe and the Indo-Pacific.
Building upon progress directed by Congress the past several years,
this year's bill further improves defense acquisition processes by
enabling the Department to rapidly invest in and field cutting-edge
commercial technologies. By improving defense small business programs
and partnerships with high-tech companies, this legislation will help
meet the defense, industrial, and civilian needs of the United States.
Similarly, to compete successfully abroad, our military services and
combat commanders must have the resources they need. This legislation
broadly supports the procurement of naval vessels, combat aircraft,
armored vehicles, weapon systems, and munitions requested in the
President's defense budget for fiscal year 2026.
The bill provides additional funding for the procurement of Virginia-
and Columbia-class submarines, which are critical to power projection
and deterrence around the world. Importantly, this NDAA also provides
greater predictability and stability in our naval acquisition programs
and improves the U.S. shipbuilding infrastructure through modernization
efforts.
And as we navigate the threats of nuclear escalation from Russia and
increasing capabilities from China, this Defense bill strengthens our
deterrence strategy by helping to modernize the U.S. nuclear triad. It
makes progress in ensuring the safety, security, and reliability of our
nuclear stockpile, our delivery systems, and our infrastructure,
increasing capacity in theater and homeland missile defense and
strengthening nonproliferation programs.
There are many more provisions in this bill that will help equip the
Department and our warfighters with the tools they need to succeed. I
look forward to discussing them throughout this process on the floor.
Let me conclude by, once again, thanking Senator Wicker and my
colleagues for working, thoughtfully, on a bipartisan basis to develop
this important piece of legislation. I look forward to a very
thoughtful debate on the issues that face our national defense and our
Department of Defense.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. WICKER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

National Defense Authorization Act

Mr. WICKER. Mr. President, the Senate is about to take up this year's
National Defense Authorization Act. My colleagues and I on the Senate
Armed Services Committee have worked hard to bring this bill to the
floor for consideration by all of our fellow Senators, and we bring it
to our colleagues with a resounding committee action.
In our committee markup, we voted in a landslide--26 yeses and only 1
nay--to advance the bill--a nearly unanimous endorsement of this
legislation. My colleagues and I have spent

[[Page S5546]]

the past 7 months listening to the Nation's top military officials.
These officials from command stations all over the world have detailed
the dangerous threat environment facing the United States. This NDAA is
a direct response to their testimony. In our overwhelmingly positive
committee vote, we send a clear message: We agree with the testimony of
our military officials. Both Republicans and Democrats agree that we
are not where we need to be on national defense. This bill helps close
that gap.
The committee's fiscal year 2026 NDAA is focused on two things:
rebuild and reform. Again, by a vote of 26 to 1, we adopted a bill with
a $924.7 billion top line--an increase that recognizes the urgent need
to rebuild our military. We also adopted numerous reforms to the
Pentagon's antiquated business processes captured in my FoRGED Act--the
most significant acquisition reform proposal in decades.
This NDAA will help rebuild the U.S. military so that our
servicemembers are better equipped for the threats of the 21st century.
This bill makes investments in cutting-edge technology, such as
artificial intelligence, cyber defenses, drone production, and the
means to defend ourselves against drones. We authorized a 3.8-percent
pay raise for servicemembers, and we expanded programs to continue
President Trump's successful military recruitment surge. This NDAA
supports the DOD's role in border security and rolls back statutory
requirements for diversity, equity, and inclusion programs at the
Pentagon.
Throughout, we sought to give the President the tools needed to keep
the homeland safe. This NDAA helps equip the United States to counter
the Chinese Communist Party. The committee included authorizations to
replenish munitions used earlier this year against Iran, to accelerate
shipbuilding, and to support the Golden Dome initiative and many other
important initiatives.
This National Defense Authorization Act would bring the Pentagon's
acquisition process into the modern day. As one example, in just a
single provision of this bill, we repeal 86 outdated or unnecessary
acquisition policies. Actions like that help turn the page on an
outdated system as we look to the future.
This bill streamlines decision-making processes at the Pentagon and
brings more competition to the procurement process. The committee
recognizes that America is full of innovators who are developing
exactly the kinds of technologies that dominate the battlefields of the
21st century. We have produced an NDAA that taps into that talent.
Our deliberations resulted in an overwhelming vote count. Perhaps one
reason for such a consensus was that our drafting process was
collaborative and involved. The bill contains 985 items that were
driven by Members of this body. Of that, 78 items were Member requests
for military construction. Another 136 items came from Senators
requesting budget increases for procurement operations and maintenance
and research and development, and 771 items were policy ideas directly
responding to Member requests. In total, those 985 items totaled 60
more than last year and are a sign of a strong, bipartisan consensus
that we need to move quickly to modernize our Armed Forces. As those
statistics bear out, this is a highly Member-driven bill.
Our committee markup was characterized by that same collaborative
spirit. We conducted 49 votes on amendments, working from 9:30 a.m. to
7:30 p.m., only 10 hours--perhaps a record--and I am certain it was an
efficient and effective process.
As I look at that 26-to-1 committee vote--have I emphasized that
enough, a 26-yes, 1-no committee vote?--I want to thank my colleagues
on the committee.
My dear friend, the ranking member, Jack Reed of Rhode Island, has
already spoken. He deserves credit. He and his colleagues contributed
thoughtful and decisive ideas to this bill, and our staffs worked
closely throughout the process.
As I prepare to conclude, may I stress that a regular order process
will always yield the best results. I regret that, last summer, the
NDAA was not given full consideration on the Senate floor. This is our
opportunity to correct that. I am confident that Leader Thune will want
to do things differently this week and next. We need an open amendment
process undertaken in the light of day. My fellow Senators have already
filed hundreds of amendments. The American people deserve to see how
their elected officials are voting on important national security
matters.
It has not been that long since we have had an open amendment process
with multiple managers' packages and dozens of votes. As recently as
2023, we considered 900 amendments during floor debate, and we adopted
121 of them--the most amendments adopted to the Senate NDAA in years.
We can do it again, and I ask my colleagues to join us in showing this
great body by working as the Founders intended.
In an increasingly dangerous world, this is our moment to provide a
strong national defense. My colleagues on the Armed Services Committee
stand fully behind this bill. We are eager to begin working with the
rest of our colleagues in the Senate as we consider this year's
National Defense Authorization Act on the floor. Let's have a
resounding ``yes'' vote in just a few minutes, and then let's get to
work.
The PRESIDING OFFICER. The Senator from Mississippi.
Mr. WICKER. Mr. President, I ask unanimous consent that the
previously scheduled rollcall vote commence immediately.
The PRESIDING OFFICER. Without objection, it is so ordered.

Cloture Motion

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. 115, S. 2296, a bill to authorize
appropriations for fiscal year 2026 for military activities
of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to
prescribe military personnel strengths for such fiscal year,
and for other purposes.
John Thune, Roger F. Wicker, Markwayne Mullin, John
Barrasso, Tim Sheehy, Pete Ricketts, Bernie Moreno,
Steve Daines, Mike Rounds, Rick Scott of Florida, Eric
Schmitt, Tommy Tuberville, Jim Banks, Thom Tillis,
David McCormick, James Lankford, Jon Husted.

The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call under rule XXII has been waived.
The question is, Is it the sense of the Senate that debate on the
motion to proceed to S. 2296, a bill to authorize appropriations for
fiscal year 2026 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, 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 legislative clerk called the roll.
Mr. BARRASSO. The following Senators are necessarily absent: the
Senator from South Carolina (Mr. Scott) and the Senator from North
Carolina (Mr. Tillis).
Further, if present and voting: the Senator from North Carolina (Mr.
Tillis) would have voted ``yea.''
The yeas and nays resulted--yeas 84, nays 14, as follows:

[Rollcall Vote No. 500 Leg.]

YEAS--84

Alsobrooks
Banks
Barrasso
Bennet
Blackburn
Blumenthal
Blunt Rochester
Boozman
Britt
Budd
Cantwell
Capito
Cassidy
Collins
Coons
Cornyn
Cortez Masto
Cotton
Cramer
Crapo
Cruz
Curtis
Daines
Duckworth
Durbin
Ernst
Fetterman
Fischer
Gallego
Gillibrand
Graham
Grassley
Hagerty
Hassan
Hawley
Heinrich
Hickenlooper
Hirono
Hoeven
Husted
Hyde-Smith
Johnson
Justice
Kaine
Kelly
Kim
King
Klobuchar
Lankford
Lee
Lujan
Lummis
Marshall
McConnell
McCormick
Moody
Moran
Moreno
Mullin
Murkowski
Murphy
Murray
Ossoff
Peters
Reed
Ricketts
Risch
Rosen
Rounds
Schiff
Schmitt
Schumer
Scott (FL)
Shaheen
Sheehy
Slotkin
Sullivan
Thune
Tuberville
Warner
Warnock
Whitehouse
Wicker
Young

[[Page S5547]]

NAYS--14

Baldwin
Booker
Kennedy
Markey
Merkley
Padilla
Paul
Sanders
Schatz
Smith
Van Hollen
Warren
Welch
Wyden

NOT VOTING--2

Scott (SC)
Tillis

The PRESIDING OFFICER. On this vote, the yeas are 84, the nays of 14.
Three-fifths of the Senate, duly chosen and sworn, have voted in the
affirmative. The motion is agreed to.
The motion was agreed to.
The PRESIDING OFFICER. The Senator from Rhode Island.

Remembering Frank T. Caprio

Mr. REED. Mr. President, I rise today with my colleague Senator
Whitehouse to pay tribute to a legendary Rhode Islander, Judge Frank T.
Caprio, whose limitless compassion while serving as the chief judge of
the Municipal Court of Providence made him a beloved figure not only in
Rhode Island but around the world.
Judge Caprio's illustrious career was marked by a special dedication
to serving others, and it spanned nearly 40 years with the Providence
Municipal Court, where he established a reputation for his empathy in
the application of justice.
Judge Caprio passed away on August 20, 2025, at the age of 88 after a
long and courageous battle with pancreatic cancer. In his signature
optimistic and heartwarming way, Judge Caprio did not let his diagnosis
dampen his good spirits, and he continued to spread his warmth to the
many fans he earned through the Emmy-nominated television show ``Caught
in Providence.''
This show, ``Caught in Providence,'' was a worldwide phenomenon. It
was picked up virtually all across the globe, which made him an
international celebrity, not just a local Rhode Island personality.
Through national syndication and social media, the ``Nicest Judge in
the World'' scored legions of admirers.
Following his example, we want to take a moment to honor his legacy,
which will undoubtedly continue to live on through the many lives he
touched in the courtroom and throughout the world.
Let me be very, very clear. Frank Caprio was a great man. His
greatness came from two fundamental principles: He never forgot where
he came from and who he came from.
As a son of an immigrant father and a Providence native mother, Judge
Caprio grew up in the Italian neighborhood of Federal Hill in
Providence, just down the street from the courthouse where he presided.
He learned from his father to work hard and to help others wherever
possible. He spoke often of shining shoes to make a little extra cash
as well as his father's apt advice to always put himself in the other
person's shoes, to understand who people are and what brought them to
where they are today.
His message as a judge was never about punishment. He saw people
first and sought fairness in justice. He was committed not just to
enforcing the law but to doing justice. In word and deed, Judge Caprio
exemplified his father's advice.
Speaking with CBS News after his diagnosis--again demonstrating his
unyielding humility--Judge Caprio said:

I'm just a small-town municipal court judge, just trying to
do good. That's how I am. . . . [I try] to take into
consideration the circumstances surrounding the people before
me. And remember what my dad told me . . . when someone
appears before you, put yourself in their shoes . . . imagine
it's you before them. How do you want to be treated?

As much as he tried to play down his contributions, Judge Caprio was
much more than ``a small-town municipal court judge''; he was the
premier example of noble public service and the embodiment of the ideal
form of justice, one that focuses less on punishment and judgment and
more on overcoming our mistakes, seeking forgiveness, and forging a
stronger community.
Before his time on the court, his dedication to service was apparent.
He was a teacher, a member of the Rhode Island Army National Guard, and
a local elected official. Judge Caprio was also a dedicated lawyer, an
accomplished restauranteur, and a business owner.
He also treasured the wisdom his parents shared and valued the
opportunities that education brought him. He wanted to see others share
in that success, so he worked to create scholarships and served for a
decade as chairman of the Rhode Island Board of Governors for Higher
Education.
Judge Caprio's compassion and generosity inspired the best in others.
After seeing his kindness online and on TV, viewers from around the
world sent in unsolicited donations to support Judge Caprio's mission--
so many donations, in fact, they inspired the establishment of a fund
known as the Filomena Fund, which was named after Judge Caprio's
beloved mother. The fund celebrates the generosity of his mother--a
trait so clearly inherited by Judge Caprio. Even after Judge Caprio's
retirement, the Filomena Fund continues to support charitable work in
and around his beloved neighborhood of Federal Hill.
His support for philanthropic causes, and the scholarships he
established to support those seeking to make a difference in their
community, further exemplified Judge Caprio's work to lift up those
around him.
A true believer in the power of empathy, Judge Caprio used his wit,
wisdom, and grace to make the world a better place.
He often said:

Kindness is the one gift that costs nothing but means
everything.

A humble and benevolent man of integrity, Judge Caprio was bestowed
with the Mother Teresa Award for Social Justice in 2023.
Judge Caprio was a mentor to generations of Rhode Island leaders. I
always enjoyed catching up with him over a cup of coffee. We spoke of
current events, the state of our Nation, and about our families. I
valued his wisdom, optimism, and sensibility, and I will remember him
fondly for his generous spirit, his personal example of leadership and,
indeed, his many, many kindnesses to me.
Along with Senator Whitehouse, I want to express our deepest
condolences to Judge Caprio's beloved wife of more than 60 years,
Joyce. I also want to extend my condolences to Judge Caprio's entire
family--Frank, David, Marissa, John, and Paul, his children, along with
his seven grandchildren and two great-grandchildren, who filled him
with enormous joy.
Know that your husband, father, grandfather, and great-grandfather is
a shining example of a great man and a cherished public servant.
Through you, his love and empathy will live on.
And now I yield to my colleague Senator Whitehouse to continue this
tribute to this truly good and decent man whose life has brought honor
to every Rhode Islander.
I yield the floor.
The PRESIDING OFFICER. The Senator from Rhode Island.
Mr. WHITEHOUSE. Mr. President, I thank Senator Reed, and I am very
cognizant of the honor of having the chance to reflect on Judge Frank
Caprio, who was indeed, as Senator Reed has said, a Rhode Island
legend.
Judge Caprio was Rhode Island through and through. He was born on
Federal Hill, an iconic Italian-American neighborhood in Providence. He
started helping his milkman father about age 10. A lot of the
apartments there were three-decker tenements. Somebody had to run the
milk bottles up to that third floor. An energetic 10-year-old was just
the one to do it.
He went on to study in Providence's public schools and, to earn
money, served as a dishwasher and a shoeshiner while he was a student.
He graduated and went on to Providence College, the first in his
family of dozens of cousins to attend college. And, of course, he
graduated. And then he went back to teach at Hope High School to give
back to the Providence school system that had lifted him up and taught
him so well.
He also served in Rhode Island's Army National Guard for years.
Eventually, he became a lawyer. It wasn't easy. He had to work. So he
had to take night classes up in Boston, and Providence to Boston for
night classes is a considerable effort.
He became a Providence city councilman, and, ultimately, he became
chief judge of the Providence Municipal Court, chief judge for 38
years. It was there where the man found his mission, and the mission
found its man and that was, while presiding over literally thousands of
cases, to become an exemplar of what is right and what is decent

[[Page S5548]]

when somebody is coming before you having a very bad day.
He heard cases related to unpaid parking tickets and traffic
violations, and he listened to everyone who came before him.
His authenticity quickly captured the hearts and minds of Rhode
Islanders. His TV show from the courtroom, ``Caught in Providence,''
first became a treasure of Rhode Island Public Access TV, but then it
exploded. Judge Caprio and his court officer and straight man Ziggy
Quinn turned the tedium of traffic court into a beloved and enduring
human spectacle, and people from around the world tuned in. People told
Judge Caprio their stories of personal hardship, and he listened.
Whenever he could, he gave the benefit of the doubt and offered advice
and encouragement, delivered in that signature Federal Hill voice.
Sometimes there were tears of relief. Sometimes there was laughter.
Some of those moments went viral online, racking up more than a billion
views. People were attracted to Judge Caprio because he did not fake
authenticity. He was the real deal.
The show became nationally syndicated in 2018. And when that
syndication deal was announced, Judge Caprio called it ``a dream.'' It
was wonderful that he could have his dream come true in his lifetime.
So the world got to witness Judge Caprio's compassion. The empathetic
judge from Rhode Island became an ambassador for our capital city and
for our State and for his solid, old-school values. He did it his way.
And we all got to enjoy it.
At the end, stricken with pancreatic cancer, he was still giving back
and still being compassionate. At the last PurpleStride pancreatic
cancer walk that he attended, he and I sat next to each other for 15
minutes chatting and catching up. He was, by then, quite the celebrity.
He could have hustled in and hustled back out, gone to do other things.
No. He wanted to just hang out with people and be there and make sure
that the entire proceedings went off well. He did not treat himself as
a star, but he was one.
Judge Caprio's son David said that the Judge's parting advice to him
was this:

Take care of each other. Keep the family close. And help
people if you can.

That sums it up nicely.
I offer my condolences to his wife Joyce of more than 60 years and to
their five children: David, who also served in government in Rhode
Island; Marissa; Frank, who also served in government in Rhode Island,
was our treasurer; Paul; and John. Quite a family. It has lost its
patriarch. Our hearts are with them.
I yield the floor.
Mr. REED. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant legislative clerk proceeded to call the roll.
Ms. LUMMIS. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________