[Congressional Record (Bound Edition), Volume 151 (2005), Part 21]
[Senate]
[Page 28870]
[From the U.S. Government Publishing Office, www.gpo.gov]




                            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.
  I yield the floor.

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