[Congressional Record Volume 147, Number 143 (Wednesday, October 24, 2001)]
[Senate]
[Pages S10969-S10970]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 UNANIMOUS CONSENT AGREEMENT--H.R. 3162

  Mr. DASCHLE. I ask unanimous consent that at 10 o'clock Thursday, 
October 25, the Senate proceed to the consideration of H.R. 3162, the 
counterterrorism bill; that no amendments or motions be in order to the 
bill, except a motion to table the motion to reconsider the vote on 
final passage of the bill; that there be 5 hours and 10 minutes for 
debate, with the time controlled as follows: 90 minutes each for the 
chairman and ranking member of the Judiciary Committee, or their 
designees; 10 minutes each, controlled by Senators Levin and Wellstone; 
20 minutes under the control of Senator Sarbanes; 60 minutes under the 
control of Senator Feingold; 15 minutes under the control of Senator 
Graham of Florida; 15 minutes under the control of Senator Specter; 
that upon the use or yielding back of time, the bill be read the third 
time, the Senate then vote on final passage of the bill, with this 
action occurring with no further intervening action or debate.
  The PRESIDING OFFICER. Is there objection?
  Mr. WYDEN. Reserving the right to object, Madam President, I thank 
the distinguished majority leader for giving me this opportunity. He 
and I have discussed at length the concern that I have that is shared 
by Senator Smith of Oregon. I want to take a minute or two to describe 
what is so important to us and have a discussion briefly with the 
distinguished majority leader.
  In my home State of Oregon, we have not been able to do a covert 
investigation into dangerous criminal activity such as terrorism in 
more than a year. The hands of our prosecutors are tied. Senator Smith 
and I, along with a number of other colleagues and prosecutors, believe 
very strongly that it is critically important as part of this 
antiterrorism effort that we allow the prosecutors to go forward and do 
wiretaps, stings, and essentially undercover operations. We have not 
been able to get such a provision into this

[[Page S10970]]

antiterrorism legislation because of the work of the House.
  Senator Daschle has been exceptionally supportive, as have Senator 
Hatch and Senator Leahy. The Senate is united on this matter. The 
Senate has agreed in its entirety. For reasons that are inexplicable to 
this Member of the Senate, the House has been unwilling to untie the 
hands of Federal prosecutors in my home State.
  The question then is: Why should every Senator care about what is 
happening in the State of Oregon? The reason I feel so strongly about 
this is that if we learned one thing on September 11, it is that if the 
terrorists get sanctuary anywhere, Americans are in trouble everywhere 
because we saw on September 11 the terrorists set up shop in New 
Jersey, they set up shop in Florida, and they ended up murdering 
Americans in New York City and in the Pentagon and in Pennsylvania.
  As a result of the work that was done on the foreign operations 
appropriations legislation, again, to the credit of Senator Daschle, 
Senator Leahy, and Senator Smith, Senator Leahy added the original bill 
that I authored. Senator Smith and I have teamed up on this, and it is 
now in the foreign operations appropriations legislation that passed 
this body.
  What is different tonight and why I am not objecting is that the 
White House has now indicated for the first time that they will support 
in the foreign operations appropriations legislation what Senator Smith 
and I have crafted.
  We have also been able to, in discussions with Senator Daschle, have 
an opportunity to let him discuss his views on it. He has renewed his 
commitment to me that we will have the united support of the Senate on 
the foreign operations appropriations bill, and if, in fact, the House 
junks this on the foreign operations appropriations bill in spite of 
the administration's effort, Senator Daschle, to his credit, has 
renewed his support for this effort and has been kind enough to give me 
this time to state my reservation.
  I would like to have him briefly describe his views on this matter.
  The PRESIDING OFFICER. The majority leader.
  Mr. DASCHLE. Madam President, I say to both my colleagues from Oregon 
how much we appreciate their extraordinary efforts. I do not know of 
many pieces of legislation that pass unanimously not once but twice, 
and not only twice but within a matter of weeks. But that is the case.
  This legislation passed unanimously as an amendment to the 
counterterrorism bill. This amendment has just now been passed 
unanimously as part of the foreign operations appropriations bill. That 
would not have happened were it not for their tenacity and their 
decisive leadership. I am grateful to them, first of all, for their 
willingness to continue to pursue this effort until they are 
successful.
  I was involved in these discussions and negotiations with our 
colleagues from the House as we negotiated the various pieces. There 
were various reasons this legislation was not kept as part of the 
counterterrorism legislation, but I will tell my colleagues what I have 
said publicly: We will continue to pursue this; we will continue to 
persist until this becomes law.
  As the Senator from Oregon has noted, the White House indicated they 
are prepared to join us in that effort. With that additional 
assistance, with those assurances, we are in a much stronger position 
now than we have been at any time in recent months to ensure our 
success. But if for whatever reason we are not successful, this will 
come back again and again, and we will continue to send it to the House 
again and again until it is done successfully.
  I am confident we will complete our work successfully on this 
amendment. I am confident that with their partnership and the effort 
they have already made, we will be successful. I will pledge my 
support, and I know Senator Leahy feels every bit as strongly as I do. 
We will work in concert with them to ensure the maximum level of 
success as we go into conference on the foreign operations 
appropriations bill.

  The PRESIDING OFFICER. Is there objection?
  Mr. SMITH of Oregon. Reserving the right to object.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. SMITH of Oregon. Madam President, I say to the majority leader, I 
will not object, but I want to be included in the colloquy and be 
entirely supportive of my colleague, Senator Wyden. I want to state 
publicly for the record, Senator Wyden and I began working on this 
issue together in great earnest this last weekend because it was 
apparent that the good bill we had passed to the House was coming back 
as something less than that bill.
  Because of the unique circumstances described by Senator Wyden, every 
American should know that the bill we are about to pass tomorrow puts a 
stake in Oregon that says Oregon is open for business to terrorism. 
That is a stake we want to pull out because right now no undercover 
work is going on in Oregon for a whole variety of unusual reasons. That 
is where it is, and that must be fixed, or every American should know 
that the bill we will pass tomorrow is an illusion until it includes 
all 50 States.
  In my State, whether it is environmental terrorism, child 
pornography, drug runners, methamphetamine producers, or al-Qaida 
terrorist groups, they are finding aid and comfort from the absence of 
law enforcement when it comes to undercover activities. That must end 
or we are kidding the American people.
  I thank the majority leader for his commitment. I thank Senator Lott 
and the managers of this bill for their commitment, and I say for the 
record, I have the assurances of Carl Rove with the White House, John 
Ashcroft in Justice, and I am awaiting a call from the Speaker of the 
House to work in earnest to get this resolved quickly so that we can in 
good faith face the American people and say: We have passed a terrorism 
bill that includes all Americans. But right now, it does not include 
Oregonians.
  I yield to my colleagues.
  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. WYDEN. Madam President, if I may continue briefly on my 
reservation, Senator Smith has summed it up very well. At this point in 
the State of Oregon, there are no wiretaps; there are no sting 
operations; you cannot infiltrate dangerous criminal groups no matter 
how dastardly their plans. We are not talking about some kind of 
abstract proposition.
  The bill that is going to be passed tomorrow is essentially a bill 
that deals with terrorism in 49 States. As I say, it just seems to me 
once you allow a sanctuary, a launch pad for terrorist groups anywhere, 
everyone is at risk. What is different tonight is we have been able to 
secure a commitment from the White House.
  The majority leader, as is his tradition, has worked very closely 
with me and has made a similar commitment to Senator Smith, and 
tonight--and I will say this is very hard for this Member of the Senate 
to do because I think the people of my home State are going to be at 
risk tonight--but because of the commitment we have secured from the 
majority leader--and it is a renewed commitment; again and again he has 
been in these meetings fighting to change the McDade law and give our 
prosecutors the tools to deal with this problem.
  With the new commitment tonight from the White House and with the 
continued commitment and assurance of the majority leader tonight, I 
withdraw my reservation.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DASCHLE. Madam President, I thank both of my colleagues from 
Oregon for their willingness to work with us. I have already said how 
strongly I feel about this matter, and the passion expressed by both 
Senators from Oregon I think is a clear indication of their 
determination to see this through to ultimate success. We will see 
success. I am grateful to them tonight.

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