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Shays Probes Progress on 9/11
Commission Recommendations,
Civil Liberties Protections
Washington, D.C. – Today, Congressman
Christopher Shays (R-CT), Chairman of the Subcommittee on
National Security, Emerging Threats and International Relations,
held a hearing on “9/11 Commission Recommendations:
Balancing Civil Liberties and Security.” During the
hearing, he heard testimony from 9/11 Commissioners Thomas
Kean Lee H. Hamilton Chair, National Commission on Terrorist
Attacks Upon the United States; Chair Carol Dinkins and Vice
Chair Alan Raul of the Privacy and Civil Liberties Oversight
Board; and family members who lost loved ones on September
11th, including Carol Ashley, mother of Janice; Mary Fetchet,
mother of Brad & co-founder of Voices of September 11th;
Don Goodrich, father of Peter; and Abraham Scott, husband
of Janice Marie.
This was Shays’ 67th hearing on terrorism and homeland
security-related issues as Chairman of the National Security
Subcommittee. Shays and Carolyn Maloney (D-NY) were integral
in creating the 9/11 Commission, implementing its recommendations
related to intelligence reform and are now working to put
the remaining reforms into law and hold the Administration
accountable for implementing those which are already in statute.
The following is Shays’ opening statement on the hearing;
“The Final Report of the National Commission on
Terrorist Attacks Upon the United States gave us the
first comprehensive and objective analysis of what went so
tragically wrong that day almost five years ago. The Commission
unanimously called for a reevaluation of the fundamentals
of defending the homeland.
“The 9/11 Commission, as it is commonly called, provided
the nation with 41 recommendations addressing issues such
as homeland security and emergency response, intelligence
and congressional reform, and foreign policy and nonproliferation.
“Seventeen months after their Report was issued Governor
Kean and former Representative Hamilton asked, “Are
we safe?”
“Their answer, “We are safer, but we are not
safe enough.”
“Today we are safer for two reasons: We are safer because
the men and women of our armed forces and intelligence agencies
and all those who serve in our foreign affairs posts are taking
the fight to the terrorists. We are also safer because Congress
has provided new and stronger authority to the Executive branch
to protect us at home.
“For example, the Director of National Intelligence
was created to coordinate efforts of the intelligence community.
And a National Counterterrorism Center was established to
integrate and analyze all intelligence pertaining to terrorism
and counterterrorism.
“However, when the Federal government takes on a stronger
and more proactive role to protect its citizens the issue
of civil liberties has the potential to become a casualty.
“The authors of the 9/11 Commission Report foresaw
such a possibility, recognized its dangers, and sought to
guard against it by including civil liberties protections
through the establishment of a civil liberties board.
“Congress followed the advice of the 9/11 Commission,
seeking to balance the fine line between civil liberties and
security. When the Intelligence Reform and Terrorism Prevention
Act of 2004 strengthened the security of our nation, it also
established the White House Privacy and Civil Liberties Oversight
Board.
“Unfortunately, the authority of the Privacy and Civil
Liberties Oversight Board will not be as effective as originally
proposed because the legislation which created the Board does
not provide it with subpoena power, and Board investigations
can be vetoed by the US Attorney General.
“The Board needs strong powers to engage in effective
oversight. The power to subpoena records and witnesses from
outside the government is as crucial as its independence.
“Last month Congresswoman Carolyn Maloney (NY-14) and
I introduced H.R. 5017, Ensuring Implementation of the 9/11
Commission Report Act. The legislation would require Executive
branch agencies to certify progress made implementing and
enacting 9/11 Commission recommendations.
“Included in the legislation is language that will
strengthen the White House Privacy and Civil Liberties Oversight
Board providing it with subpoena power and greater independence.
“Issues of the past year have highlighted the value
of the 9/11 Commission’s foresight, and also the importance
of creating strong legislation that will balance security
and civil liberties.
“We must protect our civil liberties, because if we
do not the terrorists will have won. At the same time we must
protect our citizens. We owe nothing less to the victims of
9/11, the families of the fallen, and the citizens of the
United States of America.
“We thank all the witnesses for taking the time to
appear before us today, including Governor Kean and Congressman
Hamilton, and we want to especially thank the 9/11 families
who continue to ask the difficult question, Are we safe enough?”
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