[Congressional Record Volume 154, Number 14 (Tuesday, January 29, 2008)]
[Senate]
[Pages S434-S436]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         ADDRESSING THE ISSUES

  Mr. SALAZAR. Mr. President, when we looked back at the work of this 
Chamber at the end of 2007, we saw this Chamber coming together in a 
bipartisan way to garner what was 82 votes for the passage of the 2007 
farm bill. It is an example of Republicans and Democrats working 
together to address a fundamental need of America, and that is the 
issue of food security.
  Last night, we heard the President of the United States address the 
Nation on the state of the Union, in which one of the things he talked 
about was the importance of moving forward with an economic stimulus 
package. That economic stimulus package, which has been negotiated at 
least with the House of Representatives on a bipartisan basis, is 
another example of when people are willing to work together, we can 
actually get some business done.
  That is what we should be doing in this Chamber today. We should be 
working through amendments with respect to improving the Foreign 
Intelligence Surveillance Act in order for us to get that legislation 
finally approved. What we are up against, frankly, is an unwillingness 
on the part of the Republican minority to allow us to move forward to 
get to final passage of this bill in a way that would consider relevant 
and germane amendments that would make it better, in a way that would 
address the absolute need to protect the cherished civil liberties of 
Americans.
  Those are the kinds of amendments with which we ought to be dealing. 
But instead, we are faced with a filibuster.
  I hope we can act on this legislation and then move on to the urgent 
needs the people of America have brought us here to work on, on their 
behalf. We heard the President last night talk about the economic 
issues that face America.
  In my view, when I look at my State of Colorado, I believe the 
economy is skating on very thin ice. We see it in a lot of different 
ways. We see it in rising gas prices. We see it in the extraordinary 
health care costs people have to pay. We see it with respect to the 
housing crisis we are facing in my State and across America.
  When I think about my State, maybe it is a small State in comparison 
to the great States of New Jersey, New York, and others, but there are 
5 million people in my State who I believe are very concerned with what 
is happening with housing in Colorado. That is because 1 out of every 
376 homes today in the State of Colorado is in foreclosure. If 1 out of 
376 homes is in foreclosure today, I would venture that probably 90 
percent of the homes in Colorado have seen a very significant decline 
in their value over the last 2 years.
  So, yes, the people of America are very nervous about what is 
happening with the economy, and it is our responsibility, therefore, to 
move forward with an economic stimulus package that will address that 
economic uncertainty. I am hopeful that with the leadership of Senator 
Baucus and Senator Grassley and my colleagues on the Finance Committee, 
we will be able to get to a markup of legislation that can reach the 
floor of the Senate tomorrow evening, perhaps the next day, that will 
be that jump-start to the economy we need.
  There is broad agreement on what that legislation will do. It will 
put money into the pockets of the consumers of America so it can help 
stimulate the economy. It will create initiatives for small businesses, 
which are so much of the economic engine of America, to go out and 
invest in equipment and growth so we can create jobs for people of this 
country.
  We will move forward with a package that will also include extending 
unemployment benefits and also include in that making sure 20 million 
seniors who were left out of the House stimulus package are also 
included.
  There will be other provisions that will come forward. So it is 
important we get beyond the legislation we are dealing with now with 
respect to FISA so we can work on those short-term economic issues. And 
having worked on those economic issues, which I hope we are able to do 
in a bipartisan fashion, then we will have the opportunity, hopefully, 
to work on the other legislation that addresses the longer term 
security needs of America.
  In that long-term economic set of issues I believe we have to 
address, we have to, first of all, get the farm bill which garnered, I 
believe, 82 votes in the Senate, across the finish line so we can 
guarantee the food security of America for generations to come. It is 
the best farm bill, in my view, that has come out of this Senate 
Chamber, out of Congress for a long time. I think my Republican and 
Democratic colleagues would agree with that characterization of the 
farm bill.
  We need to move beyond the farm bill to also address other long-term 
economic issues that face us. We must address the issue of the clean 
energy future for America. Yes, we can celebrate the fact that we came 
together in a bipartisan way to pass the Energy bill which the 
President signed in December, that we did a lot to move forward with 
efficiency and transportation and how we use electricity and other 
energy in our homes and buildings, a very significant step forward in 
embracing the new future with biofuels for America with the quintupling 
of the renewable fuel standards, and we took some steps to start 
dealing with the issue of global warming by putting carbon 
sequestration in that bill. But there is a lot more to be done on 
energy because what is missing in that bill, and still missing today, 
is a jet engine that will power us into the 21st century clean energy 
economy, because the legislation we passed out of the Finance Committee 
was one vote short to get to the 60 votes to stop the filibuster that 
was underway.
  We need to turn back to the energy legislation so we can build that 
long-term economic security for America.
  We also have to deal with the housing crisis. We will deal perhaps 
with it in some minor ways when we deal with the stimulus package, but 
there are other pieces of legislation which a number of committees have 
been working on to try to deal with the housing crisis. So we need to 
deal with both the short-term and the long-term economic challenges we 
face here in America, and yet we are wrapped around the axle in terms 
of moving forward on this FISA bill because the Republican minority has 
taken the view that we can simply stall, stall, stall until the time 
runs out.
  I think we ought to be working in good faith, consider the amendments 
that many of my colleagues have brought to this floor and which are 
being prevented from being considered so we can then get a FISA bill 
passed

[[Page S435]]

and we can move forward with the economic issues that we need to so 
urgently address.
  I will continue to speak more specifically about FISA and some of the 
very important work that both Chairman Rockefeller and Vice Chairman 
Bond have put together in this legislation, as well as the work of 
Chairman Leahy and Senator Specter on the Judiciary Committee, and I 
probably have another 10 minutes or so to go on the general legislation 
in support of the bill and moving forward with it, but because we are 
at this impasse, because we are wrapped around the axle, it seems to me 
a timeout is what would make sense for us then to be able to turn our 
attention, to pivot over to the economic issues which we have to 
address and which the President asked us to address last night.
  In that regard, Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of Calendar No. 564, S. 
2556; the bill be read a third time and passed; and the motion to 
reconsider be laid upon the table with no intervening action or debate.
  The PRESIDING OFFICER. Is there objection?
  Mr. BOND. Reserving the right to object, I thank my colleague for his 
courtesy and for his attention and his interest in this subject.
  As I had previously stated, we have to get this bill done to replace 
the Protect America Act. I believe the House has passed or is 
considering passing a 15-day extension, which I think is long enough, 
and on behalf of our side, I must object to this unanimous consent 
request.
  The PRESIDING OFFICER. Objection is heard.
  The Senator from Colorado.
  Mr. SALAZAR. I thank my friend from Missouri, and I look forward to 
the leadership that was shown by the Intelligence Committee in terms of 
Senators Rockefeller and Bond bringing Republicans and Democrats 
together to fashion the legislation that is before us.
  In addition to that, I think we have an opportunity to work with 
Senator Leahy and the members of the Judiciary Committee to figure out 
the best way of moving forward to achieve the ultimate goal, which is 
to make sure we are protecting America. So I very much look forward to 
working with my good friend from Missouri and getting that done.
  I don't think any Member in this Chamber would argue the fact that we 
need to update and extend FISA. The technologies available, 
surveillance methods that are now being used, and the threats that we 
face have changed dramatically since Congress first enacted FISA a long 
time ago--in 1978. Think of the attacks of the last years. September 11 
illustrated in the most tragic and bloody and horrible way the great 
threat that extremist groups can pose to the United States. The attacks 
in New York, Washington, and Pennsylvania brought the spectre of 
terrorism to our front door. In many ways, the innocence of America was 
lost on that day.
  But September 11 is not the only terrorist attack that we or our 
allies have endured in recent years. In 2002, a bombing in Bali killed 
202 people and wounded 209. In 2004--this is after 9/11--the bombs on 
the trains in Madrid killed 191 people and wounded over 2,000 people. 
And in 2005, we saw the attacks on London's underground commuter train, 
killing 52 and injuring 700.
  I could go on with a list of violent incidents that have been caused 
because of terrorism around the world. The State Department reports 
that the number of incidents of terrorism worldwide has grown 
dramatically in recent years. Between 2005 and 2006, the number of 
incidents rose from 11,153 to 14,338. Three-fourths of those 
incidents--that is three-fourths of 14,338 incidents--resulted in 
death, injury, or kidnapping. All told, terrorism has claimed the lives 
of more than 74,000 people around the world in only the year 2006. That 
is 74,000 people, most of them innocent members of our human race, who 
have been killed by the scourge of terrorism around the world.
  Americans understand that our intelligence and surveillance 
capabilities are absolutely essential to preventing these types of 
attacks. Our Government needs to have the power and the tools to listen 
in on those who are plotting an attack on the United States and our 
interests. They need to be able to monitor the e-mails of a terrorist 
suspect. They need to be able to track people, and they need to be able 
to track those vital networks. They need to be able to respond quickly 
and decisively on information that is collected to make sure that we 
protect the innocent from harm.
  Americans want a government that can and will fulfill its primary 
responsibility--the responsibility of keeping its citizens safe from 
attack. But we also want to make sure we have a government that will 
not abuse the power entrusted in it. We want a government that honors 
the rule of law and upholds the cherished values of our Constitution. 
We want a government that protects the privacy of law-abiding citizens, 
and we want a government that is worthy of respect, not fear.
  Without a doubt, the events of September 11 demanded an expansion of 
our intelligence-gathering capabilities. We needed to take emergency 
action to ensure the security of Americans over the short term. But 
rather than work within the authorities provided by Congress, the 
President and then-Attorney General John Ashcroft built their own 
program--the terrorist surveillance program--out of the view of 
Congress, out of the view of the public, in the darkness, and without 
oversight of the courts. They built it on their own based on some 
assumed authority.
  The administration hid the fact that it was implementing its program 
in a manner that overstepped the authorities that Congress had provided 
under law. It hid the fact that it could target Americans for 
surveillance without a warrant. There was no mention to the American 
people that their communications could be spied upon without a warrant 
or without any other kind of protection from the courts. It hid the 
fact that it was grabbing more power for the executive branch than our 
Founding Fathers would have ever thought wise in their quest to protect 
the civil liberties and freedoms of America.

  We need to move, in my view, beyond the thinking that characterized 
the formation of this unlawful terrorist surveillance program within 
the executive branch, and we have indeed made some progress together in 
moving forward in a new direction. We have consolidated the information 
that our intelligence agencies collect, we have implemented the 
recommendations of the 9/11 Commission in this Congress, we have 
created the Department of Homeland Security, and we are now ready to 
bring FISA up to date with our technology in the threats we face.
  Over the last few days, the administration has presented the American 
people with a false dichotomy. They claim we have to choose between 
protecting our national security on the one hand and protecting our 
civil liberties. That is a false dichotomy. As a former attorney 
general, I can tell you that we can do both. We can have a surveillance 
program that gives our law enforcement the tools it needs to protect 
America and at the same time we can make sure that we are protecting 
the civil liberties of the citizens of our country.
  The bill before us places some simple but highly effective safeguards 
on the Government's surveillance program, and we should be thankful for 
this legislation in that regard. These safeguards will in no way impede 
our efforts to defeat the terrorist networks and prevent attacks on 
Americans. If an intelligence agency gets actionable information, it 
can establish surveillance immediately; no waiting for a warrant, no 
redtape, no delay. The agency will simply have to seek a retroactive 
warrant once surveillance has begun.
  Mr. President, I ask unanimous consent to continue as in morning 
business for an additional 5 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. SALAZAR. I thank the Chair.
  The bill before us places some simple but highly effective safeguards 
on the Government's surveillance program. These safeguards will in no 
way impede our efforts to defeat the terrorist networks and prevent 
attacks on Americans. I want to highlight a few provisions of the bill 
that the Intelligence Committee reported, and which are at the center 
of our debate this week. These provisions require the FISA Court and 
Congress to play a greater

[[Page S436]]

role in overseeing the Nation's surveillance program. I should say a 
greater role and an appropriate role in overseeing the Nation's 
surveillance program.
  First, the FISA reauthorization will require the FISA Court to review 
the administration's procedures for determining that the targeted 
surveillance is reasonably believed to be outside the United States. 
Second, the FISA Court must review the procedures for minimizing the 
identities of and information about Americans incidentally detected 
during the surveillance of foreign targets. Third, the court must 
approve or disapprove the targeting of Americans overseas under this 
new authority on an individual basis, based on its review of whether 
there is probable cause to believe the person is an agent of a foreign 
power. Fourth, the bill includes a 6-year sunset to allow Congress to 
evaluate how the new authorities are carried out, and to ensure abuses 
do not occur before authorities are extended further. The threats and 
technologies are changing so fast that Congress will need to update the 
legislation during that time.
  Finally, the bill requires the intelligence community to conduct an 
annual review and requires detailed semiannual reports to be submitted 
to the House and Senate Intelligence and Judiciary Committees 
concerning collections authorized under the bill, including instances 
of noncompliance.
  These provisions represent a dramatic improvement to our Nation's 
international surveillance program, and I am pleased they are the 
foundation of the bill. But we can do more to strengthen the bill and 
do better to enforce the rule of law.
  I support Senator Cardin's amendment, which I cosponsored, to have a 
4-year sunset for the bill rather than 6 years. If we learn of problems 
in the program, if the technologies continue to change or if the threat 
changes, we should have the opportunity to change the law.
  Over the coming days, we will also debate how to handle the question 
of immunity for companies that participated in the warrantless 
surveillance program from 2001 until 2007.
  In my view, if a company was knowingly acting in violation of 
existing law, the courts should review their actions to determine if 
there was wrongdoing. If, however, the Attorney General or an 
intelligence agency approached that company, and the company clearly 
tried to follow the law and act in good faith, it should not be held 
liable.
  That is why I am cosponsoring Senator Feinstein's amendment which 
establishes an independent process for reviewing whether a company 
should receive immunity. Under this amendment, the FISA Court would 
follow a three-step process for determining whether a lawsuit has 
merit.
  Senator Feinstein has proposed a smart and fair solution to this very 
difficult problem. The FISA reauthorization has become unnecessarily 
politicized, in my view. We are fully able to strengthen our Nation's 
international surveillance capabilities while protecting the privacy of 
Americans. I hope the Members of this Chamber can put the rhetoric and 
threats aside and move forward to assure that America is, in fact, 
protected, both in terms of threats against them in violence from 
terrorists and at the same time that we protect their civil liberties.
  I hope we can pass the FISA bill soon. I hope the President will do 
what is right and sign it.
  The Senator from Alaska.
  (The remarks of Senator Murkowski pertaining to the introduction of 
S. 2570 are printed in today's Record under ``Statements on Introduced 
Bills and Joint Resolutions.'')
  Ms. MURKOWSKI. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BROWN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BROWN. I ask unanimous consent to address the Senate as in 
morning business for 15 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BROWN. I thank Senator Murkowski for her work. There is 
absolutely a need for that legislation. I appreciate what she has done.

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