Imagine the elation in Bush/Cheney 2004 circles should the
President find himself in the Rose Garden in late October
surrounded by a bipartisan assortment of Congressional leaders,
family members of the victims of the September 11 attacks and the
leading members of the 9/11 Commission, all applauding the
President for signing into law the most comprehensive legislation
to revamp our intelligence agencies in more than a
generation.
Voters seem to view the ongoing war on terrorism as the most
pressing issue facing America, and that they give the President an
insurmountable advantage on that issue over John Kerry. To many
political observers, an intelligence reform bill enacted prior to
the election would guarantee Bush's reelection.
Small wonder, then, that Capitol Hill has been utterly dominated
these past two weeks by maneuverings on this crucial issue. Still,
racing to finish a bill would be a bad idea.
On September 29 alone, five separate House committees considered
and approved portions of a comprehensive package of intelligence
reforms. Meanwhile, the Senate slogged through floor amendments to
the reform package. With so many cooks in the kitchen, and with
Congress operating under the assumption that this is "must pass"
legislation, some conservatives, such as former Atty. Gen. Ed
Meese, have warned Hill leaders to "be wary of the rush to
reform."
As with so many legislative debates in Washington, this one has
become bogged down by a silly dispute. Almost all Congressional
Democrats, and some Republicans, have rallied around the curious
notion that it would be a high crime and misdemeanor to tamper in
the slightest way with the 41 recommendations of the 9/11
Commission. The only problem is that they include some and ignore
other of the recommendations.
House Speaker Dennis Hastert (R-Ill.), in sharp contrast, unveiled
a much broader package of reforms on September 23 that include both
intelligence and other national security-related reforms, all of
which are consistent with, if not the letter, at least the spirit
of the Commission's recommendations.
Hastert wants not only to redesign the structure of the
intelligence agencies, but also to enhance criminal penalties
against those who provide any form of support to terrorists. He
also aims to crack down on the availability of false identity
documents, standardize federal criminal background checks, give
prosecutors more tools to interrupt money-laundering and
terrorist-financing schemes, strengthen pre-inspection programs at
foreign airports and U.S. consulates to identify terrorists before
they enter the U.S., create a database to track the travel history
of foreign visitors in the United States, and target federal first
responder grant funds according to the threat level that states
face.
Civil libertarians and congressional liberals have decried many of
these provisions as unwarranted intrusions on the freedoms of
ordinary Americans. Indeed, to the extent that these provisions
ignore the vital role of the courts in reviewing the day-to-day
application of new surveillance and investigatory authorities, the
civil libertarians have a point. But, for the most part, the
authors have recognized the role the courts play under our
Constitution in balancing liberty and security.
When all is said and done, members of Congress must make sure that
they send the President a bill that would:
- Assure the independence of the National Intelligence Director.
- Structure the intelligence community to meet 21st Century threats.
- Preserve civil liberties.
- Integrate intelligence activities at all levels.
Meanwhile, even as it considers landmark legislation to
reconfigure the structure of the intelligence agencies in the
executive branch, Congress also ought to reconfigure the balkanized
jurisdictional mess at its end of Pennsylvania Avenue.
Currently, jurisdiction over homeland security issues resides with
more than 80 subcommittees. In the House, powerful committees such
as Judiciary, Transportation and Infrastructure, Ways and Means,
Financial Services, Energy and Commerce, and International
Relations all claim a piece of the pie. According to one estimate,
during the first six months of 2004, Department of Homeland
Security officials were called to testify at 126 hearings before
various subcommittees.
Robert Herbold, former chief operating officer at Microsoft and
author of a new book The Fiefdom Syndrome, warns business leaders
of "behaviors... where ego and bureaucracy consistently trump
common sense and innovation." He says these behaviors lead to turf
wars where "individuals and groups worry more about defending their
turf and protecting the status quo than in moving the organization
forward."
Rep. Chris Cox (R.-Calif.), chairman of the Select Committee on
Homeland Security, has stirred the waters with a proposal to
consolidate all authority over homeland security issues in a single
new committee that would have primary jurisdiction over
information-sharing issues, terrorism-threat warnings, research and
development, border security, visa issues, enforcement of
immigration laws, transportation security, and state and local
preparedness. Cox argues it is imperative for one committee to have
legislative and oversight jurisdiction that is broad enough to
allow it to take a "holistic" approach to the myriad issues that
arise.
Herbold would not be surprised to learn that, upon hearing of the
Cox plan, one prominent committee chairman who would lose
considerable turf vowed to fight it with his "dying breath."
It will take time and effort to break that mindset. We need to
reform our intelligence gathering. But let's put the brakes on and
make sure we get the job done right, not right now.
Mr. Franc, who has held a number of positions on Capitol Hill, is vice president of Government Relations at the Heritage Foundation.