The FISA Amendments Act of 2008

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Mr. McConnell: Mr. President, tonight, in keeping with an old custom, the President will speak to Congress and the Nation about the state of the Union. Every President since George Washington has given these periodic updates because the Constitution requires them to do so.

While the Constitution makes no similar demands on congressional leaders, there is no doubt that this year the American people are demanding something from us. They are looking for proof that Republicans and Democrats can come together to get a few things done on their behalf.

Just 1 week into the session, and we are faced with a crucial test, two issues of vital significance to every American citizen: Will we reauthorize a terror-fighting tool that we know has made us safer, and will we put money back into the taxpayers' hands quickly enough for it to have a positive effect on the Nation's economy? It is not an exaggeration to say that the choices we make on these issues will show the public whether we are serious about protecting them from harm and serious about protecting their wallets. So the question is this: Will we find a way to work together or will we find a way to get out of it and then blame the other side?

We got off to a good start. Last Thursday, millions of Americans were absolutely stunned to turn on their television sets and see the Democratic Speaker of the House and the House Republican leader standing together on a stage behind the Treasury Secretary from the Bush administration and nodding in agreement about an economic growth package they had all worked out among themselves. It was the kind of scene many people have wondered if they would ever see again.

For the first time in years, the parties have come together in good faith and responded swiftly to a pressing national concern. They sensed that the Nation was impatient for action, and so they gave up a lot of what they wanted in order to find common ground. House Republicans made major sacrifices. So did House Democrats. Now the Nation's attention turns to us, to the Senate, to see if we are capable of the same. Here is our moment to show that we are.

A number of Senators have expressed a desire to add to this package tens of billions of dollars in spending on contentious programs. But we don't have the time for ideological debates. In order for this plan to work, Congress needs to act and to act at once.

This is not the package, frankly, that I would have put together. In my view, the best way to stimulate the economy would be to lower marginal rates. But neither is it the package my good friend, the majority leader, would have put together. I gather from his public statements he would prefer there be more spending on Government programs. The Speaker and the House Republican leader would also have built a package differently if they had written it on their own, but they put their differences aside because they know we will all get nothing if we are not willing to make some serious sacrifices.

The editorial writers at the Washington Post urged us Friday not to let the perfect be the enemy of the good. Low- and middle-income taxpayers certainly agree. They are tapping their fingers wondering if we can do it.

Americans are also wondering if we can agree on something as fundamental as our national security, and for good reason. We saw some worrisome signs last week that some of our friends were looking for a way out of what would be and could be a good bipartisan achievement on reauthorizing a terrorist surveillance program.

They should remember that 3 years ago, following the lead of the 9/11 Commission, Congress came together to create the Office of the Director of National Intelligence, approving the bill that established it by a vote of 89 to 2. The Director of National Intelligence was supposed to be the person who would connect the dots, who would make sure intelligence gaps were closed, who could look across the entire intelligence landscape and tell us about our vulnerabilities before terrorists discovered them on their own.

Last year, he did just that. The Director of National Intelligence came to Capitol Hill and asked us to either fix the Foreign Intelligence Surveillance Act that allowed us to monitor foreign terrorists overseas or risk weakening this vital intelligence-gathering tool.

Our friends across the aisle put off action for months before finally passing a temporary revision right up against the August recess. Then they delayed again last fall, pushing us up against the expiration of the temporary extension. Now they are delaying again.

There is only one version of a long-term extension that agrees with the recommendations of the Director of National Intelligence, and that is the pending Rockefeller-Bond substitute bill. This bill was carefully crafted on a strong bipartisan basis and reported out of the Intelligence Committee on a vote of 13 to 2. It is the only version the Director of National Intelligence has approved. It is the only version the President would sign. Therefore, it is the only one that has any chance of becoming law before the current extension expires on Friday of this week.

The time to act has long since passed. We need to approve Rockefeller-Bond, and we need to do it this week.

Some of our friends on the other side say they will not vote for cloture on Rockefeller/Bond because they could not amend it. No one should be deceived by this complaint. The amendments they want would transform it into a replica of the partisan bill that was reported out of the Judiciary Committee last fall. In other words, allowing amendments would guarantee failure.

Some of our friends on the other side say they want a 1-month extension. Never mind that we have had 10 months to act already. No one should be deceived by this complaint either. The real reason for the 1- month extension, of course, is to give Members who vote in favor of it the political cover they need to vote against Rockefeller/Bond. This is another clever way to make the bill fail.

Some of our friends on the other side say we are wrong to insist that phone carriers who may have cooperated with the Government in tracking terrorists be immune from lawsuits. The implication is that this is some kind of a favor for big business. But this advice is coming from the intelligence community, not politicians, because they know that we could never expect these companies--or any others--to cooperate in the future as long as the threat of a lawsuit looms.

Finally, some of our friends accuse us of being scaremongers for urging passage now. But the terrorist threat has not diminished since 9/11. It hasn't expired. The Director of National Intelligence assures us it hasn't. The memory of 9/11 tells us it has not. Attacks in Madrid and London and Bali tell us it has not. And the terrorists themselves tell us it has not. The threat is real. And we cannot let success in preventing another one keep us from staying on offense with all the tools and resources we have. The bottom line is this: by voting for cloture on Rockefeller/Bond, Members will guarantee that this important antiterror tool does not expire. And those who vote against it are voting either to delay its reauthorization or to weaken, not strengthen, our terror-fighting tools.

Fixing FISA is within our grasp. Will we come together and embrace the compromise approach that protects us, and doesn't force companies to make a false choice between the good of the firm or the good of the country or will we go the partisan route? It would be a worrisome sign indeed if the first bill Democrats filibuster this year deals with national security. We must resist the mistakes of last year, and act.

Last week, we saw the kind of tough compromise that's necessary when lawmakers are more concerned about making a difference than making a political point. Now it is our turn. The second session is young. But the choices we make this week will define us. And in my view, it is a welcome opportunity.

Here in the second week of the session we have a chance to show Americans that we can work together on their behalf, to solve problems; to protect their security and protect their wallets. This is a defining moment for the 110th Congress. Let's put the mistakes of last year behind us. Let's show that the U.S. Senate can get the job done.

I yield the floor.