The Patriot Act

THE PATRIOT ACT

Mr. DURBIN. Mr. President, we have been informed that President Bush's radio address tomorrow will be about the PATRIOT Act. It is not a surprise. This is an important issue. It is one we should discuss and should discuss as a nation.

We passed the PATRIOT Act because of our concern about the threat of terrorism. It is an act with over 100 different provisions in it. It was passed with only one dissenting vote in the Senate. It included sunset provisions on some controversial parts of it, so that 4 years after we passed it we could take another look to make sure that, in fact, we had done the right thing, we were not overstepping. We want to give our Government enough power to protect us, but we certainly don't want to surrender our basic rights and liberties if it is not needed.

So we had the reauthorization of the PATRIOT Act up before us and debated it in the Senate Judiciary Committee on which I serve. We reached a bipartisan consensus for reauthorizing that act, a unanimous vote at the Senate Judiciary Committee. I have never seen it on an issue of this magnitude, but it happened. I believe it was an indication that there is a reasonable way to craft the PATRIOT Act so that, in fact, it serves our needs of national security but does not go too far. That bill then passed the Senate on a voice vote. There was no controversy, no debate, because we had struck a legitimate bipartisan compromise.

Then the bill went to conference, and in conference other forces were at work. As a result of their work, the bill was changed. It was changed in significant ways, ways which I believe went too far, too far in giving the Government authority and power over our personal lives and privacy that is unnecessary. I believe that any person suspected of criminal or terrorist activity, any activity that is considered to be part of a terrorist network, should be treated in the harshest and most serious way. I want to keep America safe. I want my family, my children, everyone's family, to be safe. But I want to make certain that when we draw up this PATRIOT Act, we do not go too far.

As a result of the conference committee, a bipartisan group of Senators, Republicans and Democrats, came together in opposition to this conference report--a bipartisan group of Senators. Today, this morning, we had a vote on the Senate floor. This vote was what we call cloture, whether we will close debate, and as a result of the vote the matter is still open, still unresolved.

It is important to know one thing before the President's address. I hope the President will honestly tell the American people tomorrow what happened today in the Senate.

Early this morning, Senator Frist, who is on the floor at this moment, the Republican majority leader, met with Senator HARRY REID, the Democratic leader, to discuss this important topic. At the time, Senator Reid told him that we believed we were not going to close down debate on the PATRIOT Act and asked if there was a way that we could reach an agreement on a bipartisan basis to extend the bill, extend the PATRIOT Act for at least 3 months.

We were unable to reach an agreement at that meeting.

Then on the floor Senator HARRY REID of Nevada, on behalf of the Democrats, offered before the vote to the Republican side of the aisle to extend the PATRIOT Act as it is presently written for 3 months so that there would not be any possible gap in coverage for the security of America. There was an objection from the Republican side.

After the cloture vote on the PATRIOT Act--in fact, cloture was not invoked--another motion was made, this time by Senator PATRICK LEAHY of Vermont. Senator Leahy asked for a 3-month extension of the PATRIOT Act so we could work out the differences.

Not once, not twice, but three separate times today on the Democratic side of the aisle we have reached out to the Republican side of the aisle and said let us try to resolve our differences in a bipartisan way, let us try to make sure that we extend the PATRIOT Act so there is no question about the security of America.

Tomorrow the President will address this issue. I hope in the course of addressing it the President acknowledges the obvious. We have tried our very best on a bipartisan basis to extend the PATRIOT Act, once informally and twice on the floor of the Senate today, and all three times it has been rejected.

We will continue to make that offer on the Democratic side. We want to work this out. We want a good PATRIOT Act that protects America and protects our freedoms. We believe we can be safe in America and we can be free.

I think a bipartisan vote today is a message to the White House and to the House conferees that the Senate bill that was passed, a carefully crafted bill, is a bill that should get us into the reauthorization of the PATRIOT Act.

We stand ready to work with our Republican colleagues on a bipartisan basis to make sure we have a good, strong PATRIOT Act reauthorized and protecting America, and take out those objectionable provisions which go too far in invading the personal rights of and privacy of innocent American citizens.

I hope that particular scenario I described, which is on the official record today, is part of the President's message tomorrow.

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