[Congressional Record Volume 169, Number 147 (Tuesday, September 12, 2023)]
[Extensions of Remarks]
[Page E831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE UNITED STATES COMMISSION ON AN OPEN SOCIETY WITH 
                          SECURITY ACT OF 2023

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                      Tuesday, September 12, 2023

  Ms. NORTON. Mr. Speaker, today, I introduce the United States 
Commission on an Open Society with Security Act of 2023, which would 
create a commission to investigate how we can maintain our democratic 
traditions while actively responding to the real and substantial 
threats posed by foreign and domestic terrorism.
  The impetus for this commission was the Oklahoma City bombing in 
1995, its importance grew after the terrorist attacks on September 11, 
2001, and has reached peak urgency since the insurrectionist attack on 
the U.S. Capitol on January 6, 2021. The succession of tragic events 
endured by our Nation has led to a series of sweeping security 
increases that are deemed both necessary and temporary in the moment 
but create lasting security infrastructure that is difficult to 
dismantle and infringes on our open, democratic society.
  We must acknowledge and accept that we have entered an era of 
constant internal and external threats, requiring ever-higher levels of 
security for our people and public spaces. What we thought would be a 
temporary infringement on our open society has turned into a permanent 
restriction on how our citizens interact with each other and our 
democratic institutions. Because emergencies typically dictate security 
decisions, essential discussions on the proper balance between 
security, individual rights and the freedoms enjoyed in an open society 
have been repeatedly deferred.
  This bill would ensure that these long overdue discussions take place 
in a public forum with experts drawn from across the spectrum. To date, 
security planning has been delegated almost exclusively to security, 
intelligence and military experts. Although their input is 
indispensable, they cannot be expected to consider matters outside of 
their expertise. To strike a better balance that gives sufficient 
importance to our democratic traditions, we need to invite experts from 
diverse fields to the same table to work together. Therefore, the 
commission would be composed not only of security, intelligence and 
military experts, but also experts from such fields as business, 
architecture, technology, law, city planning, art, engineering, 
philosophy, history, sociology and psychology.
  We have used commissions before to deeply investigate and address 
unprecedented challenges, such as the National Commission on Terrorist 
Attacks Upon the United States (also known as the 9/11 Commission), the 
Commission on the Intelligence Capabilities of the United States 
Regarding Weapons of Mass Destruction (also known as the Silberman Robb 
Commission) and the National Advisory Commission on Civil Disorders 
(also known as the Kerner Commission). The commission created by this 
bill would seek to avert a crisis in basic freedoms before their 
infringement becomes entrenched. We cannot allow security protocols to 
proliferate without informed civilian oversight and a thorough analysis 
of alternatives that might better safeguard freedom and commerce.
  Furthermore, we have had decades to develop security strategies and 
technologies that do not deprive our citizens of access to institutions 
and personal liberty. Thus far, we have either relied on imprecise, 
medieval approaches like crude barriers or on intrusive new 
technologies that treat privacy like a privilege instead of a right. We 
can, and must, do better.
  As the home of our federal government, the District of Columbia's 
residents have suffered disproportionate infringement on public spaces, 
personal rights and freedoms in the name of security. Public spaces 
that serve as the heart of our local communities have become restricted 
zones characterized by a heavy security presence, with individuals 
liable to be reprimanded for walking on the wrong side of the street or 
marveling too long at the architecture. Barriers such as walls and 
fences are touted as essential security features while our citizens are 
left peering at their democracy from a distance.
  Security is not only about reducing lives lost and costs. It is also 
about safeguarding the institutions, freedoms and values that anchor 
our country, not only for ourselves but for future generations. The 
social compact between government and the people should not be the 
result of a series of hostage negotiations. We must resume reasoned and 
deliberative decision-making, beginning with a high-level commission 
composed of experts from diverse disciplines charged with developing a 
new course that will protect both our people and our precious 
democratic institutions and traditions.

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