Floor Statements

Mr. President, we will have morning business for 1 hour after the two leaders make any statements they might make. As to what we do after that will take a conversation with the Republican leader, and we will do that when we finish our statements. We have a number of things that are pending: the FISA legislation, Indian health, and we have another matter I want to complete, an energy bill. We have an agreement as to how to finish that, and we will move to one of those, more than likely, today.

Mr. President, the Finance Committee on a bipartisan basis has worked up what they feel is something they are going to bring before the full committee tomorrow, and that will take place--we will get their take on the stimulus package tomorrow. We have all seen the press today. Everyone knows the Senate is going to put their mark on the stimulus package. We feel what will be done will be very stimulative to the economy. It includes, as I understand it, some 20 million seniors who were left out of what has taken place in the House. There will be unemployment benefits. A number of States are in very difficult shape in that regard. They have some other things dealing with the business package, and I am told that advocacy groups like very much what is in the Senate package. But we will work through this and try to get something done very quickly so that, if there are changes made, we can do a very quick conference and get it to the President. That is an important issue.

Mr. President, I want everyone--especially my Republican colleagues and especially the people in the White House--to listen to what I am going to say. FISA, if we don't do something on it today, will expire. It will be out of business. The House is going out of session tonight, so unless we get to them the 30-day extension we have tried to move forward five or six times, unless we have an extension of 18 months, a year, 2 weeks, whatever the Republicans think is appropriate--if they think nothing is appropriate--then the full brunt of this law expiring is on their shoulders because it is virtually legislatively impossible to get anything done today. Remember, the House has already done what they are going to do. If we took what the Intelligence Committee passed, which is likely not going to happen, we would have to have a conference with the House. They are going out of session tonight. They are out of town on Wednesday and Thursday and Friday. So unless we do something today, the bill is not going to be enacted and the legislation we passed last August will expire.

Now, the orders that have been sought and accomplished during the time since last August will still be in effect, and, of course, there will be an opportunity under the old FISA law to

work on an emergency basis for new things they want to do.

We want to maintain the ability to go after the bad people. We believe there is a necessity for intercepting telephone conversations between people who are trying to do bad things. We think it should be within the constitutional framework, and we believe that is what the Intelligence Committee and the Judiciary Committee have done. But I again say, without getting into any details, unless we do something today, unless someone can explain to me how we can pass something here in a matter of a few hours, how we can have a conference with the House in a matter of a few hours and then bring those two conference reports to the House and the Senate in a few hours--I say that is legislatively impossible.

So I am saying again to my Republican colleagues: Agree to some extension of time or the burden of this legislation not passing is on your shoulders because we have had no attempt to legislate. We have not had the opportunity to offer amendments, let alone vote on them.

Our goal is to provide the intelligence community with all of the legal tools it needs, while protecting the privacy of law-abiding Americans. So I would hope that in the next hour or so, we can work something out before the House leaves town or nothing will have been accomplished.

Mr. President, we understand the implication of the legislation that is now in effect and will expire Thursday. We understand that. We understand there are new targets our intelligence officials may want to go after. We understand that. But I repeat: Using the words of my friend, the Republican leader, once it expires, if it expires, it is on the shoulders of the White House and the Republicans in the Senate. We have attempted to work through this, and we have been willing to extend this law for an extended period of time. We have been willing to extend the law for a limited period of time.

I think what this all boils down to is that we should extend the law for a long period of time because the only issue--there are other issues, of course, but the main issue is whether there will be retroactive immunity for the phone companies. That is what it all boils down to--whether there is going to be retroactive immunity to the phone companies. Some of us don't think that is appropriate; others think it is appropriate.

So why don't we extend this law for an extended period of time? That way, the new targets could be sought if, in fact, they are out there-- and we all believe there are some, and that is necessary to be done-- and then set up a time. We will agree to a time and have a debate on the immunity provisions and see if the Senate and the House are willing to give retroactive immunity. In the bill my distinguished colleague, the Republican leader, talked about that came from the Intelligence Committee, that is in that bill. That is in their bill that came from committee. What the House has done doesn't have it in there. So why don't we have a debate on that issue and just extend the law? We will extend it until there is a new President. We are fine--we are happy to do that--so that we get off this: We can't do the targets. Why don't we just extend it for a period of time, and then our side will agree to try to work out something legislatively so that we can have a real nice debate on retroactive immunity.

I am happy to yield.

Mr. President, I say to my friend, the distinguished Senator from Illinois, I personally have been to the floor and offered on many occasions to extend the time. We could all see the train wreck coming, and we believed that it was necessary to extend this law.

I don't know--I say very positively to my friend from Illinois and everyone who can hear me--I don't know if we can work anything out on these amendments. I don't know. On the title I aspect of it, one Senator has six amendments. I am sure--he has always been a reasonable person--he wouldn't have to offer that many. He has always been very good about time agreements. But there are 10 or 12 amendments to title I. Then there are three we have with title II dealing with some form of immunity.

But I repeat to my friend, Democrats believe the program should continue.

We are willing to say, OK, let it continue as it is now in effect. A lot of people don't like that. We are saying go ahead and let it continue. Certainly, there could be a significant majority of Senators--Democrats and Republicans--who will support that. And the issue is immunity.

I reverse the question and ask my friend from Illinois, should we not have a nice debate on immunity and find out how the Congress feels about what the President feels is important? That is how this country has worked for all these years. So extend this and do it until we have a new President--Democrat or Republican, man or woman, whoever it might be--and in the meantime have a decision made as to whether there should be retroactive immunity.

I will, but let my friend from Illinois answer that question first.

Mr. President, I say to my friend, let's extend it for any period of time, although I think that for each day it should be a longer period of time.

I will after I have yielded to the Senator from North Dakota. If anyone thinks we are going to come to an immediate agreement on all these amendments, we have overused the term ``run the traps,'' but the Republicans are not going to agree to all of the amendments the Democrats want to offer. I will respond to my friend from North Dakota.

Mr. President, I say to my friend, you were at the meeting with me just from 9 to shortly before the hour of 10 o'clock. A person who is heavily involved in this legislation, the distinguished Senator from Wisconsin, Russ Feingold, said this legislation should be extended. He has, on many occasions, voiced his opinion on what is wrong with the way we passed this legislation in August, and he has been very strong in his comments about how this law could be improved. Every Democrat in our caucus believes this law should be extended. I don't like to speak for everybody, but Senator Feingold believes the law should be extended because it is the right thing to do. I cannot imagine why we have had all the difficulty we have had in extending this law. On a number of occasions, we have said if the law expires, it is not our fault.

Now I am happy to yield to my friend from Kentucky.

Yes. I say to my friends, there are also other amendments. We talked about title I, and there are a number of amendments. I think we can reduce those on that side to maybe eight. They would all be short time limits. They would also make sure the record reflects that we believe they should be majority votes, not 60-vote margins.

Yes, I am happy to.

Mr. President, if this law is so good and we are able to, in the words of the Republican leader, ``get new targets,'' why don't we extend the law? I don't understand why we are not doing that.

I tell everyone again that it is legislatively impossible to do anything as it relates to this legislation, as far as passing it today. It is impossible. We have a number of amendments that have to be handled. It is going to take a matter of quite a few hours. We can do it in 1 day, I think. Remember, we have to have everybody agree to that, all 100 Senators. Then the House has to agree to what we do or we have to agree to what they do or work out a compromise in conference. That cannot be done tonight. This is the last day we have to legislate. If we don't legislate today, we are going to move on to something else in a few minutes, because there is no agreement on FISA--to extend it. I think that is unfortunate. Having said it so many times already--and I am tired of hearing myself say it--if the law expires, Democrats have no blame whatsoever.

Mr. President, this bill is not a bipartisan bill. The bill that came out of the Intelligence Committee is bipartisan, but understand it was concurrently referred to the Intelligence Committee and the Judiciary Committee. They both have jurisdiction over this legislation. We cannot pick and choose what the President likes. We have a situation here where the Judiciary Committee is entitled to be heard. That is what they are asking for--to be heard. They demand that and it is appropriate.

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER (Mr. Whitehouse.) Without objection, it is so ordered.

Mr. President, I ask unanimous consent that we now proceed to a period of morning business, with Senators permitted to speak therein for up to 10 minutes each.

Mr. President, last night, President Bush spoke of the bipartisan effort we've seen to put together an economic stimulus package.

I have joined this chorus of praise. It is important for us to remember that despite our differences, we can find common ground in pursuit of common good.

The stimulus package is in markup today in the Finance Committee. I am confident that Chairman Baucus and Senator Grassley will send a bill to the floor that all 100 Senators can proudly support.

We all agree that with our economy ailing, homeowners struggling and energy prices rising, this short-term stimulus plan will help working Americans make ends meet.

But I think we also all agree that this is only the first step. A short-term solution will help, but we must create long-term solutions that will treat the cause rather than the symptoms.

President Bush suggested last night that this could be accomplished with more tax cuts for the wealthy.

We strongly disagree. No one wondering if they can make their next mortgage payment or whether they can afford to retire believes that more tax cuts for the rich will solve this problem.

This morning, the Reno Gazette Journal reported that home foreclosures in Washoe County--the Reno area of Nevada--skyrocketed 614 percent in 2007 from the year before.

This pain isn't just felt in one area or neighborhood. Foreclosures have risen in all parts of the Truckee Meadows.

One realtor said:

It's ridiculous. I'm up to 22 right now. A year ago, I had

zero. I have potentially another 50 homes not foreclosed on

yet but are on the brink. And that's just me.

Experts say this crisis in Reno, throughout Nevada, and all over America is going growing worse.

Nationally, foreclosures jumped 79 percent in 2007.

One of America's largest lenders, Countrywide, just reported that one out of every three subprime loans is now delinquent.

And this is affecting not just the families who may lose their homes--but their neighbors who are seeing property values drop, and all of us who are faced with the collateral damage of a badly damaged housing market.

We call on President Bush to work with us to solve this and other economic problems.

We need to provide tax incentives for companies to invest in renewable energy. This will create jobs, save consumers money, and protect our air.

America's infrastructure is crumbling. We saw it in the bridge collapse. Investing in our infrastructure will not only strengthen our communities, it will strengthen our economy by creating good-paying jobs.

For every $10 billion we spend on infrastructure, we create 47,500 new jobs. And for every $10 million capital investment in public transportation, we create $30 million in sales for businesses.

Instead of cutting funding for community block grants and the Consumer Credit Council in his budget, the President should sit down with us to come up with real long-term solutions.

With less than a year to go in his term, we can still come together to solve these problems and get America's economy working again.

I ask unanimous consent that the adoption of the motion to proceed to H.R. 5140, the economic stimulus package, not displace any pending measures.

Mr. President, the unanimous consent I just asked for, I would ask that that be withdrawn.

I ask unanimous consent that the Senate proceed to the consideration of S. 2571.

I ask unanimous consent the bill be read three times and passed; the motion to reconsider be laid upon the table; that there be no intervening action or debate; that any statements be printed in the Record.

I ask unanimous consent we now proceed to S. Res. 433.

I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motions to reconsider be laid upon the table.

Mr. President, I ask unanimous consent we proceed to the consideration of S. Res. 435.

I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motions to reconsider be laid upon the table.

I ask unanimous consent that the Senate proceed to S. Res. 436.

I ask unanimous consent that the resolution and preamble be agreed to en bloc, the motion to reconsider be laid on the table, and any statements relating to this matter be printed in the Record with no intervening action or debate.

I ask unanimous consent that the Senate proceed to S. Res. 429.

Mr. President, I watch The Weather Channel sometimes, and they have these pieces on what the Coast Guard does in violent seas. The Chair, being from Rhode Island, probably doesn't appreciate it as much as I do, being from the desert, but the Coast Guard rides some rough seas. So they are entitled to this resolution tonight.

I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, and the motions to reconsider be laid on the table.

I ask unanimous consent that the Committee on Foreign Relations be discharged from further consideration of S. Res. 431 and the Senate proceed to that matter.

I ask unanimous consent that the resolution be agreed to, the preamble be agreed to, the motions to reconsider be laid on the table, there be no intervening action or debate, and that any statements relating to this matter be printed in the Record.

Mr. President, I ask unanimous consent that the Senate proceed to the consideration of H.R. 5104, a 15-day FISA extension, received from the House earlier today; that the bill be read a third time, passed, and the motion to reconsider be laid upon the table; that any statements relating to this matter be printed in the Record.

Mr. President, I appreciate the cooperation of my colleagues, especially Senator McConnell. We are going to do our very best to have an agreement shortly so we can move to finish Senate action on this. There has been a lot of time spent on this by a lot of people--people in the Intelligence Committee, Democrats and Republicans; members of the Judiciary Committee, Democrats and Republicans.

There is an effort to try to resolve this. We have had a number of good meetings today. This will allow us to do that. Our goal is to get it done quickly so we can get it to the House and complete a conference prior to the 15 days being extended.