National Commission on the Terrorist Attacks Upon the United States

Joint Commercial and Administrative Law and Constitution Subcommittee Hearing

Opening Statement

8/20/04

            I’d like to thank Chairman Cannon for holding this important hearing today.

            September 11, 2001, changed our world. It changed the way in which we view terrorism and the way in which we, as a country, must protect ourselves.

            Since that tragic day, Congress acted quickly to protect the country from future terrorist attacks. For example, through the Patriot Act, we provided our law enforcement officials with enhanced investigative tools to prevent the planning of future attacks, and we authorized the creation of the Department of Homeland Security to better coordinate activities within our country to protect against the future threat of terrorism.

            In taking action, we have been mindful of the protections afforded by our Constitution and our need to protect them as we protect our country. In the Patriot Act, we included protective measures, such as the sunset provisions. When authorizing the Department of Homeland Security, we ensured that a privacy officer position was established to examine the implications of the agency’s rules and regulations on privacy and to address any issues that may result.

            Over the last 20 months, the National Commission on Terrorist Attacks Upon the United States (9/11 Commission) has investigated the circumstances and events leading up to and on September 11.

            In their report, the 9/11 Commission identified deficiencies within the federal government and made recommendations, including recommendations to safeguard privacy, to better protect the American public. While we must move expeditiously to make our country safer, we take care to do so in a thoughtful and Constitutional manner.

            I look forward to discussing the Commission’s recommendations with our witnesses today and determining what Congress can do to better protect the privacy of our citizens.

            As we move forward, it is important to remember that having effective anti-terrorism measures does not necessarily comprise the protections afforded by our Constitution, as one is not the enemy of the other. The enemy is terrorism.