Congress is back--and both houses already are moving on
intelligence reform.
Senate Majority Leader Bill Frist (R.-Tenn.)wasted no time
informing his colleagues that security issues would "dominate"
Senate business for the next four weeks. And House Majority Leader
Tom DeLay ( R.-Tex.) announced an ambitious schedule for
consideration of a comprehensive intelligence overhaul bill,
complete with unprecedented "simultaneous" markups by all relevant
committees in one week. Both DeLay and Frist are determined to send
the President a bill that will exceed the recommendations of the
9-11 Commission--before Election Day.
These final weeks of the 108th Congress will be pivotal in setting
the way we respond to terrorism.
Serious intelligence reform is long overdue. As the Cold War
began, President Harry Truman and congressional leaders designed
and implemented most of the architecture that future Presidents
would use to confront, contain and prevail over the Soviet Union.
This architecture emerged gradually and came to include NATO, the
Marshall Plan, the "containment" doctrine, and a strong military.
Now, three years after 9/11, President George W. Bush and his
allies in Congress must assess whether the capabilities and
institutions that won the Cold War are sufficient to prevail over
the long term and against a very different enemy.
It won't be easy. As Sen. Zell Miller (D-Ga.), noted during his
passionate speech at the Republican convention, Presidents
Roosevelt and Truman faced political adversaries who consciously
chose not to politicize these decisions. President Bush, by
contrast, faces critics in Congress and on the campaign trail who
vigorously object to virtually all of his proposed initiatives, and
seek to make political hay out of these differences.
In the Senate, Frist has assigned the task of bringing an
intelligence reform bill to the Senate floor to Government Affairs
Committee Chairman Susan Collins, R-Maine. Senate Democrats have
let it be known that they regard the 41 recommendations in the 9/11
Commission's report as holy writ, and will accuse Republicans of
dereliction of duty should they so much as tamper with one iota of
this wisdom. Republicans, especially those in the House, want to
send the President a much broader reform bill, one that goes beyond
the creation of a new national intelligence director and new
anti-terror agencies and that encompasses the sort of policies
embodied in Sen. Jon Kyl's (R-Ariz.) "Tools to Fight Terrorism
Act."
Kyl wants to give law-enforcement officials more tools with which
to monitor, apprehend and incarcerate terrorists. His bill would,
among other things, give anti-terror agencies authority to place
suspected terrorists in pretrial detention, and allow prosecutors
to safeguard confidential sources of information used to convict
terrorists.
Unfortunately, we can expect Senate liberals to oppose proposals
to strengthen the tools available to law enforcement and
intelligence officials, and to offer amendments adding billions of
dollars to various categories of homeland security spending,
including ports, first responders, and chemical and nuclear
plants.
Congress will face another gut check when it considers legislation
that seeks to squeeze the politics and waste out of federal
homeland security grants.
"Homeland security assistance," the 9/11 Commission report reads,
"should be based strictly on an assessment of risks and
vulnerabilities. Congress should not use this money as a pork
barrel." The Chairman of the House Select Committee on Homeland
Security, Rep. Chris Cox, (R-Calif.) and his Democratic counterpart
on the committee, Rep. Jim Turner, D-Tex.), introduced the "Faster
and Smarter Funding for First Responders Act," which the House is
expected to consider this week.
Current law requires the Department of Homeland Security to
distribute the vast majority of funding for first responders
according to an arbitrary political formula--one riddled with
bureaucratic inertia. These funds end up disproportionately in
areas with no discernable terrorist targets and, not surprisingly,
officials in those areas don't know what to do with the funds.
Remarkably, more than $5.2 billion that Congress appropriated in
2003 remains stuck in the bureaucratic pipeline.
The Cox-Turner legislation would make the distribution of
anti-terrorist funding contingent on criteria such as risk and
actual need. Yet the Cox bill has attracted strong bipartisan
opposition from vested interests. Members who represent low-risk
rural areas that have benefited from the current formula have been
especially vocal in their opposition. Cox already has made minor
concessions, but the integrity of his approach remains intact. The
debate on this legislation will present those members of Congress
whose "business as usual" mindset extends to homeland security
programs with an opportunity to replace their petty, pork-barrel
perspective with a national, security-first one.
It's good to see Congress moving on this important issue before
the election. But the jury's still out on whether members will get
it right. Stay tuned.
Mr. Franc, who has held a number of positions on Capitol Hill,
is vice president of Government Relations at The Heritage
Foundation.
First appeared in Human Events