With the partisan rancor that sometimes crept into the hearings
held by the 9/11 commission, many expect reaction to its final
report to make for great political theater.
But the nation doesn't need more fodder for cable news debates. It
needs a blueprint for making us safer. A helpful report would
listen closely to evidence presented and offer four critical
recommendations.
1) Fix the national intelligence system. Even
before the World Trade Center and Pentagon fires burned out,
Congress and the Bush administration realized we might have
prevented the attacks if our intelligence agencies had been better
linked. Policymakers began to consider how best to accomplish this.
That's one of the reasons we now have a Department of Homeland
Security, with its Information Analysis and Infrastructure
Protection Directorate. In addition, the president established the
Terrorist Threat Integration Center and the Terrorist Screening
Center, responsible for integrating various terror watch
lists.
But more needs to be done. Some lawmakers have suggested Congress
amend the National Security Act of 1947 to create a director of
national intelligence who would be the president's principal
advisor on intelligence and have oversight responsibilities for the
entire intelligence community. The 9/11 Commission should embrace
this recommendation and push for consolidating the agencies
mentioned above and putting them under the oversight of Homeland
Security. This would make DHS the center of domestic
intelligence.
2.) Be "patriotic." The PATRIOT Act, most notably,
brought down the "wall" between intelligence and domestic law
enforcement. This wall served a laudable and noble purpose before
the day of the transnational terrorist: to keep the FBI and other
agencies from spying on Americans. Today, though, the PATRIOT Act
is an effective tool in the hands of those who seek only to keep
terrorists at bay. Even the American Civil Liberties Union concedes
that not one person has reported a government abuse of the
act.
Several key provisions of the act are set to expire in 2005. Given
that it works -- people from the left and right have praised its
effectiveness -- and hasn't led to abuse, Congress should
re-authorize those provisions and keep the safeguards and strong
criminal and civil penalties for misuse.
3.) Use technology to protect rights and people.
One constant theme the commission addressed was the inability of
law enforcement to "connect the dots." We can do better. Today, it
is nearly impossible to live one's life without leaving an
electronic trail of transactions, banking records, etc. We have no
reason to follow this trail for law-abiding citizens or even
run-of-the-mill criminals. But this trail could hold the key to
identifying terrorists and using those IDs to spark closer
investigations.
The commission should endorse the use of information technologies
that enable this sort of inquiry. It should be used only to
establish patterns that a Senate-confirmed official would then use
to urge further investigation. Further, it should protect private
personal data to the maximum extent possible, provide information
that can lead only to further investigation and provide strict
oversight procedures and severe penalties for misuse.
4.) Congress, reform thyself. Congress has yet to
establish a system of its own for overseeing anti-terrorism. Rather
than the mishmash of committees with jurisdiction over various
aspects of counter-terrorism and homeland security, the commission
should suggest both houses establish standing committees to oversee
homeland security, border security and counter-terrorism.
The 9/11 Commission has worked diligently. It has seen, in the
words of its members, every document it has asked for. It has
interviewed everyone from the general public to President Bush. It
has the information to make homeland security work in America
without forfeiting civil liberties. It's time to put that
information to good use.
James Jay Carafano, a 25-year veteran of the armed forces, is a
senior research fellow in defense at The Heritage Foundation
(heritage.org). Paul Rosenzweig, a senior legal research Fellow in
Heritage's Center for Legal and Judicial Studies, is an adjunct
professor of law at George Mason University.
Distributed nationally on the Knight-Ridder Tribune wire