There are reasons
not to revamp congressional oversight of homeland security. They
just aren't very good ones.
The House leadership plans to make its temporary Homeland Security
Committee, created to provide oversight of the new department, a
permanent fixture. That's a step in the right direction, but it
hardly settles the issue of congressional reform. The question is,
what authority should the new committee have? According to Rep. Don
Young, Alaska Republican and chairman of the Transportation and
Infrastructure Committee, the answer is: not much - and none of
mine.
Mr. Young's article, "Facing security challenges," offered two
reasons not to trust the new committee with jurisdiction over such
entities as the Coast Guard and the Transportation Security Agency
(the two largest in the Department of Homeland Security). For one,
he says, it would make it hard to maintain the system of checks and
balances we need in this area. After all, good homeland security
doesn't just fight terrorism - it promotes economic growth and
protects the rights of U.S. citizens.
Agreed. But the notion that consolidating jurisdiction over all the
critical activities of DHS in a single committee somehow represents
a threat to our safety, the Constitution and gross domestic product
does not make sense.
Checks and balances restrain competing branches of government, not
committee chairs. Every committee must balance multiple concerns.
No one, for example, argues that the House Armed Services Committee
can't be trusted with the economic and civil liberty implications
of military affairs. And no one would argue that the best way to
foster congressional oversight is to deprive the new committee of
responsibility for almost two-thirds of DHS personnel.
Mr. Young's second argument posits that homeland security is too
important to leave to a fledgling committee. Longevity, however,
hardly counts for much in addressing the new security challenges of
the 21st century. After all, the intelligence committees have been
around for decades and they didn't prove much help in scrutinizing
the status of Iraq's weapons programs before the war. And the
aviation security failures that led to September 11 came on the
Transportation Committee's watch.
Actually, Mr. Young's argument that the demands of security,
economics and civil liberties must all be served makes the best
case for consolidating responsibilities in a single committee. The
example of the armed forces offers a case in point. Imagine what
kind of military we would have if separate committees oversaw the
Army, Navy, Air Force and Marines. Would we ever get legislation
such as the Goldwater-Nichols Act of 1986, which dramatically
enhanced the ability of the services to work together on the
battlefield?
Odds are, without a committee that can look holistically at the
many challenges of homeland security, we will get exactly the kind
of legislation Mr. Young fears - bills that neglect the imperative
of making the United States free, safe and prosperous.
There's a reason the September 11 Commission argued strenuously
that jurisdiction should be consolidated in a single committee. As
one witness testified, the lack of effective oversight was perhaps
the single greatest obstacle impeding the successful development of
the department. Surely, this concern must trump other objections,
including those of Mr. Young.
Opting for no change is just wrong. The House leadership knows it.
Former Speakers Tom Foley and Newt Gingrich (who rarely agree on
anything) know it. And the American public knows it.
The House has been on the cutting-edge of congressional innovation
and responsible homeland security legislating since that terrible
day in September 2001. Mr. Young, in particular, should be lauded
for his work on the Aviation and Transportation Security Act. The
House moved first to establish homeland-security committees. The
House offered a more balanced and comprehensive package of
legislative reforms in response to the September 11 Commission and
held out until key changes were made in the final bill.
It would be a shame if, having led the way since September 11,
House leaders fell back on preserving the status quo, rather than
building a committee designed meet the challenges posed by a new
and dangerous world.
James Jay Carafano is a senior research fellow in defense at
the Heritage Foundation. Paul Rosenzweig is a senior legal research
fellow at the foundation's Center for Legal and Judicial Studies.
They are coauthors of the forthcoming book, "Winning the Long War:
Lessons From the Cold War for Defeating Terrorism and Preserving
Liberty."
First Appeared in The Washington Times