Overview

I want to thank the Chairman for working with me and other members of the Committee on today’s agenda. I hope that we will be able to make significant progress today on the nominations and legislative items on the agenda. We have been able to include several items of interest to members of the Committee from both sides of the aisle and many bipartisan matters that merit broad support. Nominations

I am particularly pleased that the Committee is preparing to consider and report favorably the judicial nominees from the last hearing and the nomination of Judge Johnnie Rawlinson from a prior hearing. I trust we will experience no further delays in connection with these nominations. I am sorely disappointed that the Committee will not be reporting the nomination of Bonnie Campbell to the 8th Circuit. She has completed the nomination and hearing process and is strongly supported by Senator Grassley and Senator Harkin from her home state. She will make an outstanding judge. I trust that the Committee will consider and report her nomination next week consistent with the statements to the Senate on Tuesday.

I was encouraged to hear Senator Lott say last Sunday and this Tuesday that he continues to urge this Committee to make progress on judicial nominations. The Majority Leader said: “There are a number of nominations that have had hearings, nominations that are ready for a vote and other nominations that have been pending for quite some time and that should be considered.” He went on to note that the groups of judges he expects us to report to the Senate will include “not only District judges but Circuit judges.”

I am also pleased to see us making progress of some of the Executive Branch nominations pending before us. The Department of Justice should have its Associate Attorney General, Assistant Attorney General for the Civil Division and its Inspector General confirmed by the Senate. I will continue working for the consideration of the many nominees to other important law enforcement positions, such as our U.S. Marshals and U.S. Attorneys around the country. We have several nominees who should be considered without further delay by this Committee and several more who have been forestalled from Senate consideration for some time. Legislation

On the legislative calendar, I note that in addition to the items listed today, we continue to work on other consensus items that can be included on our next agenda by agreement and be reported to the Senate.

I look forward to the Committee acting on the Waiver of Loyalty Oath bill, S.2812, which Senators Hatch, Dodd, Feinstein and DeWine recently introduced; Senator Feinstein’s resolution condemning prejudice against individuals of Asian-Pacific ancestry, S. Con. Res. 53; and the Fugitive Apprehension Act of 2000, S.2516, which Senator Thurmond and Biden introduced. I understand that amendments have been circulated to the last two matters and was glad to lend assistance to working out the substitute for the Fugitive Apprehension bill so that it can move ahead.

I regret that the Dorgan-Ashcroft bill on the interstate transportation of dangerous criminals, S.1898, is not going forward today. This is an important bill on an important problem. I have worked with the principal sponsors on this measure and hope that we be able to take action at our next meeting.

I appreciate the Chairman’s working with me to list Senator Gordon Smith’s bill on protecting federal judges, S.113. This is a bill Senator Thurmond and I have cosponsored and that passed the Senate last Congress. In addition, I asked the Chairman to include Senator Feinstein’s bill S.783. I understand that she has worked out the initial concerns some had with that proposal and I look forward to reporting it next week.

On the issue of internet security, the President’s Chief of Staff made an important speech this week. I applaud the Administration’s support for revising the pen register and trap and trace laws to ensure that a judge is given the authority to review the factual justification for the use of such electronic surveillance. I look forward to reviewing the Administration’s legislative proposals in this area and to working with the Administration and all interested Senators to make progress this year.

Congress also needs to update the current reporting requirements on the government’s demands for stored email messages and other communications of Internet users, just as we recently increased the reporting requirements for the government’s use of wiretaps and pen registers. I have introduced legislation for just such a new reporting requirement to enable Congress to provide the appropriate oversight and for the public to be informed about the government’s practices under the law.

I have long been concerned that current law makes it too easy for the government to conduct surveillance of an individual’s online activities. We need to focus attention on safeguarding our right to privacy from government snooping. We should have a level playing field in terms of privacy protections available to internet users no matter whether they obtain their internet access from an internet service provide, their cable company or their local telephone company. As more of our personal thought, interests and activities are reflected in the web sites that we visit, on the network services we use and in the e-mails we send, we need to make sure that our constitutional right to be secure in our papers and effects against unreasonable government searches is adequately protected.

I also commend the Administration for moving to relax restrictions on encryption exports. I have introduced legislation that would accomplish this goal, as well. Both businesses and individuals should have the widest choice of encryption tools to provide the privacy and security they want and that best suits their needs. Encryption is an important element in our search for internet security.

This is good business and good policy.