The FISA Amendments Act of 2008

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Mr. Reid: Mr. President, I was hoping that at this time today we would be talking about the work we had done on the Foreign Intelligence Surveillance Act. But we were unable to do that. What an unusual day. We were not allowed to vote on anything on this bill. I hope our friends in the press have been able to witness what took place today.

We talk about last year the Republicans having caused us to try to invoke cloture more in 1 year than had ever happened in a Congress before. In 1 year, they obstructed more things than ever in the history of the country.

Now we are starting this year, and they are objecting to their own bills. The President wants the bill passed. Every one of the Republicans--all 49 of them, I assume--will vote for this bill. So all they would need to pass it is two Democrats. I would have to suggest they probably could do that. They are so afraid they may take a vote that may not be something they want to take that they stop everything.

This is the President's program. It is not our program. We have stood by since 9/11 telling the President: Anything that you need, we are here at your disposal. Just tell us what you need and we will do it. We only have one request--let's do it legally, constitutionally. If the present law is not sufficient, tell us what you need changed.

We have been standing with our arms out since 9/11. But what we have learned now, since 9/11, is basically the President does not care what we do because he has been told--and he accepts the advice given to him by a man by the name of John Yoo, among others--that the President does not need to follow any law that Congress passes, that he is above the law. I am not making this up. This is the fact. Mr. Yoo has stated so before the world on television: The President does not need to follow any law that we pass. But in spite of that, we have said: Mr. President, we are willing to work with you. We don't think you have that authority. But here we are today, with the law about to expire, and the Vice President having made a speech yesterday, and the President making a statement today saying: They have to pass that bill.

As I explained in some detail earlier today, they put us in a Catch- 22. No matter what we do, it does not meet their expectations. So I again repeat, I hope the press is watching this. I hope people who believe in good government are watching this. I hope the people are not going to accept Monday night, during the speech that he is going to give, or any statements made between now and the State of the Union Address, that we are holding up his legislation. We are not holding it up. The Republicans in the Senate are holding it up.

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Mr. Reid: What, then, Mr. President, is the pending business?

The Presiding Officer: S. 2248 is the pending business.

Amendment No. 3918

Mr. Reid: Mr. President, I have an amendment at the desk to this legislation, and I ask that the clerk report that amendment if it is in keeping with what the Chair suggests.

The Presiding Officer: The clerk will report the amendment.

The legislative clerk read as follows:

The Senator from Nevada [Mr. Reid] proposes an amendment numbered 3918 to the language proposed to be stricken by amendment No. 3911.

Mr. Reid: Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

The Presiding Officer: Without objection, it is so ordered.

The amendment is as follows:

Strike all after the first word in the bill and insert the following:

1. EXTENSION OF THE PROTECT AMERICA ACT OF 2007.

Subsection (c) of section 6 of the Protect America Act of 2007 (Public Law 110-55; 121 Stat. 557; 50 U.S.C. 1803 note) is amended by striking "180" in inserting "210".

Cloture Motion

Mr. Reid: Mr. President, I send a cloture motion to the desk.

The Presiding Officer: The cloture motion having been presented under rule XXII, the Chair directs the clerk to read the motion.

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 Reid amendment No. 3918 to S. 2248.

John D. Rockefeller, IV, Dianne Feinstein, Jeff Bingaman, Debbie Stabenow, Sheldon Whitehouse, Daniel K. Inouye, Charles E. Schumer, Thomas R. Carper, Bill Nelson, E. Benjamin Nelson, Frank R. Lautenberg, Richard Durbin, Ken Salazar, Tom Harkin, Sherrod Brown, Harry Reid.

Mr. Reid: Mr. President, I ask unanimous consent that the mandatory quorum be waived.

The Presiding Officer: Without objection, it is so ordered.