[Congressional Record (Bound Edition), Volume 154 (2008), Part 1]
[Senate]
[Page 769]
[From the U.S. Government Publishing Office, www.gpo.gov]




                                  FISA

  Mr. REID. Madam President, as I indicated, we started this debate 
again last evening. Both the Senate Intelligence and Judiciary 
Committees have jurisdiction over this legislation. Senators 
Rockefeller and Bond, Senators Leahy and Specter worked very hard on 
their particular aspects of this legislation.
  We, under the regular order, in a case of sequential referral--that 
is what we have in this matter--the Intelligence Committee text is the 
underlying bill, and the Judiciary Committee text is automatically 
pending as a complete substitute.
  Last night, Chairman Leahy, with the authorization of a majority of 
the committee, sent a slightly modified version of the Judiciary 
Committee amendment to the desk. We will have a vote on that amendment 
sometime today. The Judiciary Committee made what I believe to be some 
important improvements in this legislation, adding protections for the 
privacy of law-abiding Americans.
  This is a strong bill. I will support it. I encourage my colleagues 
to do so as well.
  In the event the full Judiciary Committee bill is not accepted by the 
Senate, I hope we can adopt some of the individual improvements from 
the Judiciary bill that is now in the form of an amendment.
  Several of my colleagues, many of whom serve on the committees of 
jurisdiction; that is, both committees, plan to offer pieces of the 
Judiciary Committee bill as separate amendments.
  In addition to considering the procedures included in title I of the 
bill, we will also debate the question of whether telephone companies 
that allegedly facilitated President Bush's warrantless wiretapping 
program should be granted retroactive immunity from civil lawsuits.
  Senators Dodd and Feingold will seek to strike that immunity title. 
They will seek to strike it in its entirety. I personally oppose 
immunity and will support that amendment. But, of course, others 
disagree. If this amendment is not adopted, there will be other 
amendments to limit the immunity provisions in the Intelligence bill.
  I hope there will not be extended time on these amendments. We can 
work through this. Friday is tomorrow. We have to finish this 
legislation, and we have to do it this week. It is an important piece 
of legislation. I have requested a 30-day extension. That is not going 
to be given. So everyone should understand, we have to go forward with 
this legislation.
  Senators Specter and Whitehouse have an amendment they plan to offer, 
as do Senators Feinstein and Nelson of Florida.
  As I have said before, if there are Senators who do not like these 
amendments and think they should be subjected to 60-vote thresholds, 
these Senators are going to have to engage in an old-fashioned 
filibuster. We are not going to automatically have these 60-vote 
margins. These amendments are by and large germane. They should be 
adopted if a majority of the Senate supports them.
  Finally, yesterday, as I have indicated, I sent a letter to the 
President asking for a brief extension. I have heard from many sources 
that is not going to be granted.
  The Senate will work as quickly as we can, but I think it is going to 
be very difficult for both Houses to negotiate and pass a final bill 
prior to the February 1 expiration date. But that is what we have to 
do, so we have no alternative.
  Republicans have objected to my requests for a 30-day extension of 
the act, as I have mentioned. This matter is too important for us to be 
bogged down in procedural matters at this time.
  I look forward to working with my colleagues on a bipartisan basis to 
provide our intelligence professionals with the tools they need to 
combat terrorism, while protecting the privacy of law-abiding American 
citizens.

                          ____________________