Opening Statement of Senator Patrick Leahy
Chairman, Senate Judiciary Committee
Executive Business Meeting
September 13, 2001

I commend all Members of this Committee and the Senate who spoke so eloquently yesterday to the Senate and the Nation. I congratulate Senator Biden for his management of
the Senate Resolution passed yesterday.

We do not yet know the full extent of the casualties from Tuesday's terrorist attacks, but these events will require us all to examine what more we can do to make this country, and the world, safer. In the midst of the recovery efforts and the mourning for those injured and lost, aggressive investigations are underway into how four domestic jetliners were able to be highjacked in a single day with devastating consequences for those on-board the aircraft, in the World Trade Towers and at the Pentagon. I have been able to schedule with Chairman Sensenbrenner an FBI briefing on the progress of this investigation and the unfolding facts about these attacks today at noon in HC-8 for interested staff and members.

When the facts become clearer, the American people will want answers as to how this could and did happen. The Senate Judiciary Committee will consider these matters and the steps that we can take to better protect this country from future terrorist acts. The temptation will be to want to act precipitously, but the more effective course will be to have the dust of these tragic events settle so the facts – and the problems that need fixing – are clear.

In these difficult days, I caution that we should not lose sight of those constitutional values that make this the strongest, most vibrant democracy in the world. That will be part of our mandate. This challenge to our freedom is going to be answered by the strength of our democracy. Trial by fire can refine us or it can coarsen us. If we hold to our ideals and values, then it will strengthen us. Americans are united and all the free world, all civilized nations, all caring people join together with us. I trust that we will seek and serve justice.

Like Pearl Harbor, these horrible events will galvanize our country and unite our people with other nations throughout the world. I am confident we will work together to devise new and more effective means to defeat terrorists. The vulnerability of the United States to terrorist attack is an issue that many of us have been concerned about for some time. I first convened hearings on these issues over a decade ago, in May 1988, as chairman of the then Judiciary Subcommittee on Technology and the Law, on High Tech Terrorism. The scope and sophistication of this week's terrorist attacks on American soil call for all the ingenuity, energy, and determination we possess.

The actions that we will have to consider may include a combination of miliary, law enforcement, intelligence, diplomatic and security measures. Developing a comprehensive response may take a little time, but needs to be done right.

I have begun the process of reaching out to the Administration and to all Members of this Committee. We will go forward together as United States Senators in this effort and I will try to draw upon the talents and interests of all Members of the Committee.

In that regard, I must note that the Senior Senator from New York, who would normally be with us at our business meetings, cannot be with us this morning. Senator Schumer is in New York attending to the aftermath of the attack on the World Trade Towers, working with FEMA and doing all he can on behalf of the families of the victims in New York City. He will be a leader in our efforts here to respond to this tragedy.

We meet today doing the people's business, not just business as usual. We include on our agenda U.S. Attorney nominations who may well be involved in the law enforcement investigatory efforts now underway. We can complete action on authorization legislation for the Department of Justice. We can demonstrate through our collective action and resolve that this Committee, the Senate and the Congress continue to serve in the greatest democracy that world has ever known.

I. Old Business – Drug Competition Act, S.754
I remain gratified by the interest that Senator Grassley is showing in our Drug Competition Act, S.754. We have been trying to work with him and Senator Hatch, with the FTC, consumer groups and industry representatives, to develop a consensus substitute that has been circulated. I hope the Committee will approve it. We have spent a great deal of time and effort trying to achieve consensus on this item. We have a good bill to report to the Senate.

I understand that late last night, for the first time, some non-germane and non-relevant amendments to this legislation were circulated. It is my hope that we will be able to complete work on this bill today.

S.1319 DOJ Authorization
Working with Senator Hatch, the Department of Justice and Chairman Sensenbrenner we have worked out an authorization for the Department of Justice. If we can pass this bill, we will have passed an authorization for the Department for the first time in more than 20 years. I think that is worth doing and hope that all Members will cooperate by withholding amendments and allowing this measure to be reported in the form of the substitute circulated.

S.1140, the Motor Vehicle Franchise Contract Arbitration Fairness Act of 2001
This arbitration bill is one supported by a majority of Committee Members and is bipartisan. It was a bill Senator Hatch tried to take up toward the end of last year and that he said would be the first item of business this year. I look forward to the Committee considering this measure and reporting it to the Senate for action.

II. Nominations
This morning we have almost a dozen United States Attorney nominations from many parts of the country that I have included on the agenda. I have had the nominations staff work overtime to review the files of several of these nominees to accommodate a number of Senators who have spoken to me about them and the needs in their home States.

The Senate did not receive any United States Attorney nominees until just before the August recess. Following the objection of the Republican leader on August 3 all of the U.S. Attorney nominations were among those that were required to be returned to the President. They were renominated last week and we were not able to assemble all of the materials for files needed Committee consideration until this week. In some cases the files were only completed yesterday. I ask the cooperation of the Committee to proceed with these nominees today, at our earliest opportunity.

III. New Business
I have included another bill that I think is a bipartisan consensus matter for the Committee to consider this week, S.1315. This bill, the Judicial Improvement and Integrity Act, is another matter I have worked on with the Ranking Republican. It incorporates some suggestions from the Department of Justice and some matters we agree make good sense. We have already circulated a draft report on this legislation which explains the bill in detail.

Finally, Senator Thurmond has recently introduced a resolution on National Historically Black Colleges and Universities that I have included on the agenda.