Floor Statements

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

Mr. President, let me say that we are going to work real hard tomorrow and the next day to get a lot of work done. We have so much to do. This is a relatively short work period. We have the stimulus package. We have foreign intelligence that we have to do. We have a lands bill from the Energy Committee. We have an agreement to move forward on that. We would like to finish the Indian health bill, if we can. We have a lot to do.

That being the case, we are going to have to have a vote this coming Monday. We are going to do it later rather than earlier, but we are going to have to work on Tuesday. Tuesday is Super Tuesday. I had talked to the Republican leader earlier hoping we could work something out, that we would not have to be in. Certainly, it is no one's fault, even though there is a lot of finger pointing going on. But we were not able to get much work done yesterday and today. So losing those 2 days, I do not see any alternative.

I know a number of people would like to go home on Super Tuesday, but they can vote absentee, and I think the country will survive without Senators being there on election day. I hope everyone here understands we have a limited amount of time to do a lot of work.

Mr. President, I understand that H.R. 5140 is now here and at the desk.

Mr. President, I ask for its first reading.

I ask, Mr. President, that further work on this matter be terminated now, so I object to its second reading.

Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand

adjourned until 10 a.m. tomorrow, Wednesday, January 30; that after the prayer and the pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, the time for the two leaders be reserved for their use later in the day, and that there then be a period for the transaction of morning business with Senators permitted to speak therein for up to 10 minutes each.

Mr. President, the Finance Committee is meeting tomorrow at 2:30. Senator Baucus and his respective Democratic and Republican members are going to attempt to come up with a bipartisan stimulus package. I hope that can be done. That being the case, what we would do is go to the House bill. We would attempt to amend that with the matter that would come from the Finance Committee.

I will work very hard with my Republican colleague and all the Democrats and Republicans to try to come up with a procedure whereby we would have an extremely limited number of amendments on both sides so we can complete this legislation as rapidly as we can.

Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that the Senate stand adjourned under the previous order.

Mr. President, a year ago today, the Presiding Officer gave one of the classic speeches in American history as a freshman Senator responding to the State of the Union Message. It was a message that was accepted on both sides of the aisle by the people of Virginia and everyone in this country. I wish to remind the Senator what a great public service he rendered last year in giving this speech.

We are going to try to get approved very quickly--we are cleared on this side; we are waiting to have the Republicans clear Governor Shafer to be the Secretary of Agriculture. We would like to get that done in the next little bit. After we do this, it takes the White House a number of hours to get all the paperwork in order so that he can be sworn in. It would be really nice if we could get him to attend the State of the Union Address tonight. This would be extremely good.

President Bush has nominated him. This will be the last State of the Union speech the President will give, and it would be good if he had a Secretary of Agriculture there during those proceedings. So as soon as it is cleared by the Republicans, we will clear Governor Shafer to be the Secretary of Agriculture.

Mr. President, I ask unanimous consent that the previously scheduled cloture vote on the substitute amendment occur at 4:40 p.m. today and that all provisions under the previous order remain in effect. Our staffs have talked; I am confident the Republican leader is aware of this.

Mr. President, this afternoon the Senate will be in a period of morning business until 3 p.m., with Senators permitted to speak for up to 10 minutes each, with the time equally divided and controlled between the two leaders.

At 3 p.m., the Senate will resume consideration of the FISA legislation. The time until 4:40 p.m. will be equally divided and controlled between the two leaders or their designees, with the final 20 minutes equally divided and controlled between the two leaders, with the majority leader controlling the final 10 minutes.

At 4:40 p.m., the Senate will proceed to vote on the motion to invoke cloture on the Rockefeller-Bond substitute amendment. If cloture is not invoked on the substitute, the Senate will then proceed to a second vote on the motion to invoke cloture on the Reid amendment to the underlying bill.

As a reminder, there is a 4 p.m. filing deadline for second-degree amendments.

At 9 p.m. tonight, the President will deliver the State of the Union Address to a joint session of Congress. Senators will gather in the Senate Chamber at 8:20 p.m. and then proceed as a body to the Hall of the House of Representatives at 8:30.

Senators are encouraged to attend the Secretary of the Senate annual

State of the Union supper tonight at 6:30 p.m. in S-211.

Mr. President, S. 2557 is at the desk and due for a second reading.

I object to any further proceedings with respect to this bill at this time.

Mr. President, I would say very briefly that someone I have gotten to know over the last number of years died last night at 7 o'clock--the leader of the Mormon Church, a man who has been instrumental in the tremendous growth of the church. During his period of time, the church has grown by millions of new people coming into the church. He has been a phenomenal builder, building scores of new temples around the world. As we speak, there is one new church building being built every day, being dedicated every day. That is a lot of construction. I was told last week that the largest single builder of buildings in the United States next to the Federal Government is the LDS Church, the Church of Jesus Christ of Latter-day Saints, of which this good man was the leader.

He is someone who has done some very unique things. He started what is called the Perpetual Education Fund. About half the members of the church are located outside of the United States. Millions of members of the church are located in Mexico, Central and South America. He started what is, as I have indicated, called the Perpetual Education Fund, which is a voluntary contribution made from members of the church to help these people who are coming into the church be educated. As a result, tens of thousands of people are now educated and are now church and community leaders around the world.

There is so much more that could be said about this good man who was kind and gentle and epitomized everything that is good in mankind, and certainly on a personal basis I will miss him greatly.

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

Mr. President, I apologize to my friends for keeping everyone waiting. It hasn't been long--a matter of a minute or so.

In a few hours, President Bush will stand across the way in the House Chamber and deliver his final State of the Union Address. This will be his eighth State of the Union Address. From what I have heard earlier today in my meetings with the press who met with him, it is a fair bet in this speech that he will continue the drumbeat started by Vice President Cheney last week by trying to scare the American people into believing that if he does not get his way on the FISA bill now before us, America's national security will be gravely jeopardized.

I have said on more than one occasion in recent days we face a faltering economy here at home and a failing foreign policy abroad. So I call upon all of us, Democrats and Republicans, to rise above partisanship. I have also said on more than one occasion that we extend our hand to the President and congressional Republicans and ask them to join with us in a genuine spirit of bipartisanship. In my nearly 26 years, I have never seen anything quite as cynical and counterproductive as the Republican approach to FISA.

I gave the example in my last statement that it was a Catch-22 the President has put us in. The American people deserve to know when President Bush talks about the foreign intelligence legislation tonight that he is doing little more than shooting for cheap political points, and we should reject any statements he makes about this. Members of Congress from both parties have legitimate policy disagreements on FISA--both parties. Some of us believe that history proves the need for more protections against Government abuse. Others support the law the way it stands. Now, that is appropriate; people have different views and opinions on an important part of our legislation and our laws in the country. But all of us, Members of Congress, Democrats and Republicans, want to wage an effective fight against terror. All of us, Democrats and Republicans, want to give our intelligence professionals the tools they need to win this fight against terror.

We will be taking two votes. The first is on whether to invoke cloture on the Bond-Rockefeller substitute to the FISA bill we have on the floor. The second is a substitute, on whether to extend the authorities of the Protect America Act for another 30 days while Congress works to pass a new FISA bill.

I will oppose cloture on the substitute and support cloture on the extension. The extension will give the Congress time to debate and pass a long-term bill that protects America without compromising the privacy of law-abiding Americans. Both the Intelligence Committee bill and the Judiciary Committee bill authorize the same surveillance tools our intelligence community needs. Democrats and Republicans stand together in all the terrorism fighting components of this bill. Some Democrats, including me, support the additional privacy protections in the Judiciary Committee bill. Others are satisfied with the protections in the Intelligence Committee bill.

Again, people are entitled to their opinions, but all of us believe the Senate should have an opportunity to vote on these important questions.

There was a nice piece written in one of the op-eds today talking about how the Republicans have talked a long time about all we want is an up-or-down vote. Well, if there were ever a time they should follow their own advice it is now--an up-or-down vote.

Many Democrats, including Chairman Rockefeller, who has worked so hard, are going to oppose cloture on the substitute because they object--we object--to the heavy-handed tactics we saw with this legislation this past week. The Republican leader filed cloture on this bill after we had been on the floor for a few hours. Cloture was filed after Republicans blocked every amendment--every amendment--from being offered and blocked all amendments from getting votes. In simple terms, this means the Republicans were filibustering their own bill--their own legislation. Let me repeat that. The Republicans were filibustering their own legislation. In my time in the Senate, I can't remember this taking place.

Meanwhile, at the other end of Pennsylvania Avenue, President Bush has actually threatened to veto a temporary extension. Talk about trying to figure out what is in the mind of someone who is talking that way. Let us remember, a temporary extension would guarantee that all the terrorism fighting tools remain in effect. There is absolutely no policy or security problem with an extension. All it would do is give us more time to work this out on an uninterrupted basis. There is no reason to vote against an extension or for the President to veto one, except for political posturing.

None of us want the current law to expire. None of us want that to expire, except Cheney and Bush. But if it does expire because of Republican tactics, surveillance will not end. Even if they stop us from extending the bill, it would not end. Surveillance would not end. All surveillance orders issued under the law we passed last August--the Protect America Act--are effective for a year, so they will continue until at least August of 2008--August of this year.

Even in a last resort--if the current law expires--our intelligence professionals can get surveillance orders under the FISA law as it has existed

for decades, before we passed the Protect America Act last August. FISA includes provisions for emergency warrantless surveillance, and it always has. Again, no one is arguing the law should be allowed to expire. Doing so would send the wrong message. But it still is going to allow the collection of this information. The safeguards in place ensure that our war on terror will not be adversely affected, and anyone who says otherwise--from the President on down--is not being truthful.

Why do Democrats seek an extension? We believe bipartisanship is appropriate when possible. The economic stimulus package shows us that when circumstances are difficult, we can work together. The Republican leadership's actions in this FISA debate have not given us reason for confidence that they are interested in working with us, but we owe it to the American people to give them every opportunity to do so.

We have requested a 30-day extension repeatedly--I have done it repeatedly--and each time the Republicans have said no. Compromise is a two-way street. Bipartisanship is a two-way street. As I said last week, we are willing to pass an extension of current law for 2 weeks, 30 days, 18 months, 14 months, 15 months or whatever our colleagues want, but we need to pass an extension now if we are to ensure the law doesn't expire. I have explained if it expires what happens.

The House is going out of session shortly. They have a retreat this week--after tomorrow. Already Democrats have introduced several amendments to strengthen the bill. Senator Feingold sought a vote on his amendment to provide FISA Court documents to the Senate Intelligence Committee. Republicans blocked that. Senator Whitehouse sought to offer an amendment to give the FISA Court authority to review compliance with minimization rules to protect the privacy of Americans whose communications are inadvertently intercepted. We were blocked from having that vote. Senator Cardin sought to offer an amendment to sunset the legislation in 4 years rather than 6 years. Even that was blocked from having a vote. Senator Kennedy offered an amendment--or I should say tried to offer one--providing for a report by the inspectors general of the relevant agencies to review the conduct of these programs in the past. No vote on that either. Senator Feinstein sought to offer an amendment making crystal clear that FISA is the exclusive means by which the executive branch may conduct surveillance. Blocked by the Republicans.

Whether these amendments pass or not, we should be allowed to have votes on them. Senator Feingold wasn't saying he wanted to talk for 2 hours. Senator Feinstein wasn't saying she wanted to talk a long time. No one was--a short debate and have a vote on them. We were prevented from doing that.

So what does the Senate do? We take up bills all the time reported to us by committees. This is a little more complicated because we had two committees. It is not often we have concurrent jurisdiction, but there was here. But an eighth grade student could figure out what it is all about. It is not that difficult. Senators offer amendments to these bills and we let the Senate work its will. I don't understand how the Republicans can expect to block us from voting on any amendments and expect us to follow along. Senators are entitled to vote on their amendments.

Now, if someone is stalling--and we all went through that--there comes a time when you shut off the debate. But there is none of that here. With the Republicans blocking the amendments I have talked about, we haven't gotten to the crucial issue of immunity.

Mr. President, I will use my leader time now.

Let us not forget: The question of retroactive immunity wouldn't be before us if President Bush hadn't ignored Congress and established his own process outside the law. But far from taking responsibility for his actions, the President bullies and threatens the Congress he is supposed to be working with. He is similar to the kid in the school yard, the bully who says: OK, you are not doing what I want to do, so I am taking my ball home and none of us will be able to play.

When the President talks tonight about how important this program is and how it must continue, I say to him now that he must consider and reconsider his political posturing and ask his colleagues in the Senate to support an extension, especially when he is going to come and say how much he wants to work on a bipartisan basis.

We are a deliberative body. It was set up that way by the Founding Fathers. Let us deliberate. I urge my colleagues to oppose cloture on the substitute so the Senate can return to considering this bill. We must pass a bill that gives our intelligence authorities the tools they need while protecting the privacy of all Americans. I urge my colleagues to support the extension so we can ensure current authority doesn't expire while Congress works to pass a new and stronger FISA bill.

Cloture Motion

Mr. President, I ask unanimous consent that the second vote be of 10 minutes duration.

Mr. President, we all acknowledge the Intelligence Committee did a good job on this piece of legislation. But the Intelligence Committee knew, everyone knew, there was concurrent referral of this legislation. It was always anticipated and believed, rightfully so, that the Judiciary Committee would take up this matter. And they did. They made some suggestions in the way of changes. We are entitled to vote on those. That is all we are asking. That isn't too unreasonable. For the President to not agree to any extension is unreasonable. The House is going to pass a 30-day extension in the morning. They are going to pass that. We are going to have the opportunity to vote on a 30-day extension. This would send an appropriate message to everyone that a 30-day extension is fair and reasonable. As I said in my remarks before the last vote, people are crying wolf a little too often. This legislation we have before us, if it doesn't pass, the work done by the Intelligence Committee and the Judiciary Committee will go for naught. But still, under the legislation we passed previously, the legislation will still be in effect. FISA is not gone. We all want to work to improve this. That is what this is all about. But we need some votes to do that. That is what we are asking.

Everyone here should understand, if you are voting today not to extend this legislation for 30 days, you are going to have to vote on it in the near future because the House is sending us the exact same measure tomorrow.

Cloture Motion

Mr. President, 75 years ago yesterday, the U.S. conducted the first nuclear test on American soil--the detonation of a one- kiloton nuclear device in an area known as Frenchman Flat at the Nevada Test Site.

Conducted in extraordinary secrecy, this first nuclear testing program, known as Project Nutmeg, was representative of the efforts of countless Americans in the 50 year struggle we know as the Cold War.

Lasting half a century, the Cold War was the longest sustained conflict in U.S. history. The nuclear capabilities of our enemy posed literally an existential threat to our Nation. The threat of mass destruction left a permanent mark on American life.

The U.S. prevailed over this grave threat, through the technological achievement, patriotism, and sacrifice of the people of the great State of Nevada, and of others throughout the Nation.

It has been 18 years since the Malta Conference that marked the end of the Cold War, yet the contributions and sacrifices of generations of Americans have largely gone unrecognized.

The time has come to recognize and honor those Americans who toiled in relative obscurity to bring us victory during this most dangerous conflict in our Nation's history.

Today I introduce a bill that requires the Department of the Interior to conduct a study to identify sites and resources to commemorate heroes of the Cold War, and to interpret the Cold War for future generations.

My legislation directs the Secretary of the Interior to establish a ``Cold War Advisory Committee'' to oversee the inventory of Cold War sites and resources; for potential inclusion in the National Park System; as national historic landmarks; or other appropriate designations.

The Advisory Committee will work closely with State and local governments and local historical organizations. The Committee's starting point will be a Cold War study completed by the Secretary of Defense under the 1991 Defense Appropriations Act. Obvious Cold War sites of significance include: intercontinental ballistic missile launch sites; flight training centers; communications and command centers, such as Cheyenne Mountain, Colorado; nuclear weapons test sites, such as the Nevada Test Site; and sites of other strategic and tactical significance.

Perhaps no state in the union played a more sigificant role than Nevada in winning the Cold War.

The Nevada Test Site is a high-technology engineering marvel where the U.S. developed, tested, and perfected a nuclear deterrent that formed the cornerstone of America's security and leadership among nations. Of the 1,149 nuclear detonations conducted by U.S. as part of its nuclear testing program, 1,021 were performed at the Nevada Test Site.

The Naval Air Station at Fallon, NV, home of the Navy's preeminent tactical air warfare training center, was also the site of Cold War-era nuclear testing.

Hawthorne Army Depot, formerly known as the Hawthorne Army Ammunition Plant, likewise played an important role throughout the Cold War, serving as a staging area for conventional bombs, rockets, and ammunition as it had done since World War II.

Nellis Air Force Base outside Las Vegas, home of the first dedicated air warfare and later air/ground training facility, provided to Cold War aviators and continues to provide advanced air combat training for U.S. and Allied forces.

Generations of Nevadans bore and continue to bear extraordinary costs as a result of these critical contributions to the Cold War effort.

The Advisory Committee established under this legislation will develop an interpretive handbook telling the story of the Cold War and its heroes.

I'd like to take a moment to relate a story of one group of Cold War heroes.

On a snowy evening, November 17, 1955, a U.S. Air Force C-54 cargo plane crashed near the summit of Mount Charleston in rural Nevada.

Kept secret for years, we now know that the four aircrew and ten scientists aboard the doomed aircraft were bound for the secret Air Force Flight Test Center, where they were developing a top-secret spy plane that would become known as the U-2.

These men who gave their lives that day helped build the plane that many critics said could never be built. Owing to the efforts of men like these, the critics were proved wrong: the U-2 remains a vital component of our reconnaissance forces to this day.

As a result of the absolute secrecy surrounding their work, the families of the men who perished on Mount Charleston only recently learned the true circumstances of the crash that

took the lives of their loved ones and the nature of their vital work.

This legislation will provide $500,000 to identify historic landmarks, like the Mount Charleston crash site, to recognize and pay tribute to the sacrifices of these men and others.

I would like to reiterate my thanks for Mr. Steve Ririe of Las Vegas, whose tireless efforts brought to light the events surrounding the death of these fourteen men on Mount Charleston over fifty years ago, and for the efforts of State Senator Raymond Rawson, who shepherded through the Nevada legislature a resolution honoring these heroes.

A grateful Nation owes a debt of supreme gratitude to the silent heroes of the Cold War. I urge my colleagues to support this long- overdue tribute to the contribution and sacrifice of these Americans.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, 75 years ago yesterday, the U.S. conducted the first nuclear test on American soil--the detonation of a one- kiloton nuclear device in an area known as Frenchman Flat at the Nevada Test Site.

Conducted in extraordinary secrecy, this first nuclear testing program, known as Project Nutmeg, was representative of the efforts of countless Americans in the 50 year struggle we know as the Cold War.

Lasting half a century, the Cold War was the longest sustained conflict in U.S. history. The nuclear capabilities of our enemy posed literally an existential threat to our Nation. The threat of mass destruction left a permanent mark on American life.

The U.S. prevailed over this grave threat, through the technological achievement, patriotism, and sacrifice of the people of the great State of Nevada, and of others throughout the Nation.

It has been 18 years since the Malta Conference that marked the end of the Cold War, yet the contributions and sacrifices of generations of Americans have largely gone unrecognized.

The time has come to recognize and honor those Americans who toiled in relative obscurity to bring us victory during this most dangerous conflict in our Nation's history.

Today I introduce a bill that requires the Department of the Interior to conduct a study to identify sites and resources to commemorate heroes of the Cold War, and to interpret the Cold War for future generations.

My legislation directs the Secretary of the Interior to establish a ``Cold War Advisory Committee'' to oversee the inventory of Cold War sites and resources; for potential inclusion in the National Park System; as national historic landmarks; or other appropriate designations.

The Advisory Committee will work closely with State and local governments and local historical organizations. The Committee's starting point will be a Cold War study completed by the Secretary of Defense under the 1991 Defense Appropriations Act. Obvious Cold War sites of significance include: intercontinental ballistic missile launch sites; flight training centers; communications and command centers, such as Cheyenne Mountain, Colorado; nuclear weapons test sites, such as the Nevada Test Site; and sites of other strategic and tactical significance.

Perhaps no state in the union played a more sigificant role than Nevada in winning the Cold War.

The Nevada Test Site is a high-technology engineering marvel where the U.S. developed, tested, and perfected a nuclear deterrent that formed the cornerstone of America's security and leadership among nations. Of the 1,149 nuclear detonations conducted by U.S. as part of its nuclear testing program, 1,021 were performed at the Nevada Test Site.

The Naval Air Station at Fallon, NV, home of the Navy's preeminent tactical air warfare training center, was also the site of Cold War-era nuclear testing.

Hawthorne Army Depot, formerly known as the Hawthorne Army Ammunition Plant, likewise played an important role throughout the Cold War, serving as a staging area for conventional bombs, rockets, and ammunition as it had done since World War II.

Nellis Air Force Base outside Las Vegas, home of the first dedicated air warfare and later air/ground training facility, provided to Cold War aviators and continues to provide advanced air combat training for U.S. and Allied forces.

Generations of Nevadans bore and continue to bear extraordinary costs as a result of these critical contributions to the Cold War effort.

The Advisory Committee established under this legislation will develop an interpretive handbook telling the story of the Cold War and its heroes.

I'd like to take a moment to relate a story of one group of Cold War heroes.

On a snowy evening, November 17, 1955, a U.S. Air Force C-54 cargo plane crashed near the summit of Mount Charleston in rural Nevada.

Kept secret for years, we now know that the four aircrew and ten scientists aboard the doomed aircraft were bound for the secret Air Force Flight Test Center, where they were developing a top-secret spy plane that would become known as the U-2.

These men who gave their lives that day helped build the plane that many critics said could never be built. Owing to the efforts of men like these, the critics were proved wrong: the U-2 remains a vital component of our reconnaissance forces to this day.

As a result of the absolute secrecy surrounding their work, the families of the men who perished on Mount Charleston only recently learned the true circumstances of the crash that

took the lives of their loved ones and the nature of their vital work.

This legislation will provide $500,000 to identify historic landmarks, like the Mount Charleston crash site, to recognize and pay tribute to the sacrifices of these men and others.

I would like to reiterate my thanks for Mr. Steve Ririe of Las Vegas, whose tireless efforts brought to light the events surrounding the death of these fourteen men on Mount Charleston over fifty years ago, and for the efforts of State Senator Raymond Rawson, who shepherded through the Nevada legislature a resolution honoring these heroes.

A grateful Nation owes a debt of supreme gratitude to the silent heroes of the Cold War. I urge my colleagues to support this long- overdue tribute to the contribution and sacrifice of these Americans.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.