To guard the
nation during a protracted war against terrorism, Congress created
the Department of Homeland Security by integrating the activities
of more than 22 federal agencies and programs into a single
cohesive effort. While the department has performed yeoman's
service in striving for this goal, it is not clear that Congress is
doing its part-providing appropriate oversight. From just the last
legislative season, there is more than enough experience to suggest
that it is long past time for Congress to establish permanent
committees to oversee homeland security in the House and
Senate.
Inconsistent
Oversight
Another holiday
passes without a major terrorist incident on U.S. soil. That's cold
comfort. We know now it took seven years to plan and execute the
September 11 attacks. What we don't know is what threats are now in
the works and when they may come to fruition. We need homeland
security that will serve for the long term, protecting Americans on
holidays and unremarkable days for years to come.
There is no
question that Congress has a major role to play in establishing an
effective homeland security regime. While the Homeland Security Act
of 2002 created a lead federal agency for many domestic security
activities, that was only the first step. Building an effective
department requires sound strategies, solid programs, personnel
reforms, and integrating information technologies. Congressional
oversight-lead by committees and professional staffs with the
experience and expertise to address difficult, complex issues-plays
an important role in achieving these ends. To this point, the
Congress has failed to provide that kind of leadership.
Supervision of the
Department's operations is fragmented and incoherent. In the
Senate, the Government Affairs Committee provides nominal
oversight, while the House has established a temporary select
committee. Nevertheless, jurisdiction over Department activities
remains split among dozens of committees and subcommittees in both
houses. The result has been oversight overload. From January to
June 2004, Department representatives testified before a staggering
126 hearings. That's an average of one-and-a-half testimonies for
every day of the legislative session. In addition, a typical day
for the Department includes at least a dozen meetings or briefings
to legislators and staff.
The amount of time
spent preparing, participating, and responding to queries from the
Hill is not the only issue. Beyond having to testify before
multiple committees, Department representatives must accept
oversight from these committees. After all, many of the
department's initiatives cut across the roles and missions of the
federal government and strong congressional input and feedback is
necessary. But multiple committees, with multiple interests and
multiple and sometimes conflicting priorities exacerbate the
challenge of building a comprehensive, focused national security
regime.
The fate of the
Faster and Smarter Funding for First Responders Act (H.R. 3266)
offers a case in point. The bill was introduced in the House Select
Homeland Security Committee to bring strategic focus and discipline
to the process of providing grants to state and local governments,
but the Committee soon found itself in competition with the House
Judiciary Committee and Transportation Committee, both of which
felt compelled to offer their own bills, leaving the House Rules
Committee to decide which version and which amendments will be
considered by the full House. What may well get lost in the
competition to protect committee turf is the need to craft
legislation that will make the federal grant program a true
national security instrument rather than a cash cow for state and
local governments.
Congress needs to
move from scatter-shot supervision of homeland security to
responsible oversight, establishing permanent committees in both
chambers with full jurisdiction over the Department, as well as a
role in the oversight of all critical national homeland security
programs.
James Jay
Carafano, Ph.D., is Senior Fellow in the Kathryn and Shelby Cullom
Davis Institute for International Studies at The Heritage
Foundation.