‘I’m wondering why this new bipartisan spirit that we experienced here in December, and again in January, is breaking down on a matter that is extraordinarily important to protecting the American people’



Washington, D.C.—U.S. Senate Republican Leader Mitch McConnell made the following remarks on the Senate floor Thursday regarding the decision by the House Democratic leadership to leave town without passing the overwhelmingly bipartisan Foreign Intelligence Surveillance Act, which extends liability protection to telecommunications companies and gives our intelligence professionals the tools they need to protect America:



“We have a serious crisis confronting our country as a result of the House of Representatives’ refusal to take up the Senate-passed Foreign Intelligence Surveillance Act.



“We know for a fact the following: we know that the United States Senate approved yesterday with 69 votes a Foreign Intelligence Surveillance Act crafted by Senator Rockefeller and Senator Bond. It came out of the Intelligence Committee 13-2.



“This is about as bipartisan as it ever gets around here.



“We know in addition to that, Mr. President, that this bill is the only bill that can pass the House of Representatives. They took up yesterday a 21-day extension of existing law, and it was defeated; defeated because there were 20 to 25 House Democrats who didn't want the bill at all—[they] want it to die. [They] want to walk away from it and leave the American people unprotected.



“In fact, there is a bipartisan majority for the Senate-passed bill in the House, and that is the only bill for which there is a bipartisan majority in the House.



“Now we've all learned that the House of Representatives is going to close up shop and simply leave town, arguing that somehow allowing this bill, this law to expire will not harm America.



“Now we know, Mr. President, that at the heart of this struggle is retroactive liability for the communications companies who stepped up in the wake of the 9/11 disaster at the request of their government to help protect us from terrorism.



“As a result of that, there are numerous lawsuits pending against these companies, I assume largely by the American Civil Liberties Union. The CEOs and the boards of directors of these companies have a fiduciary responsibility to their shareholders. These lawsuits have the potential to put them out of business.



“As a result of doing their duty and responding to the request of the President of the United States to help protect America, they run the risk of being put out of business.



“That is what is before us. This retroactive liability problem continues. It is not solved by continuation of existing law. In addition to that, with the law expiring, it hampers opportunities prospectively in the future to surveil new terrorist targets overseas.



“So the notion that somehow no harm is done by allowing the law to expire is simply incorrect.



“In fact, it borders on outrageous.



“Now, this was going to be another example of bipartisan cooperation on behalf of the American people.



“We saw it at the end of the year last year when we passed a bipartisan AMT fix without raising taxes on anybody else. We passed an energy bill without a tax increase and without a rate increase. We met the President's top line on the appropriations bill. And, yes, we appropriated $70 billion for Iraq and Afghanistan without any kind of micromanagement. And at the beginning of this year, we came together, it was a bit challenging in the Senate, but we came together and passed a bipartisan stimulus bill to try to deal with our slowing economy, and we did it in record time. In fact, the President had a signing ceremony just yesterday.



“So I’m wondering why this new bipartisan spirit that we experienced here in December, and again in January, is breaking down on a matter that is extraordinarily important to protecting the American people.



“It is absolutely irresponsible, Mr. President, for the House of Representatives to simply throw up their hands and leave, particularly when the only measure that enjoys a bipartisan majority in the House is exactly what enjoyed a bipartisan majority in the Senate. It's the only measure that can pass the House.



“So the refusal of the House Leadership to take up and pass the only bill that could possibly pass is an act of extraordinary irresponsibility. Nothing else would pass over there.



“So, Mr. President, I don't know why the House is even thinking about leaving town. They have an important responsibility to help protect the American people. The opportunity is right before them, and they won't take it.”



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