When Congress returns
from its August recess, the fireworks will come from three
interrelated issues-counterterrorism, border and port security, and
national security. Republicans, not coincidentally, enjoy a
political advantage on all three and expect extensive media
coverage of these high-profile issues to give them a much-needed
political boost going into the November elections.
Though the fall session will be brief, congressional leaders hope
to force votes on some or all of the following:
• One or more bills to clarify the
legality of National Security Agency programs to monitor phone
calls, financial transactions and other communications involving
suspected terrorists and persons in the U.S.
• Legislation granting explicit approval
for the military tribunals used to prosecute suspected terrorists
at Guantanamo Bay. (The Supreme Court ruled in its Hamdan decision
that the current system lacks proper authorization from
Congress.)
• A legislative enhancement of our port
security that would establish more stringent security standards for
ports and authorize an additional $5.5 billion for port security
needs.
• Final approval of the annual spending bills for the
Pentagon and the Department of Homeland Security.
• A second attempt to confirm John Bolton as U.S. ambassador
to the United Nations.
Democrat Obstructionism
Congressional leaders may try to advance other legislative
initiatives such as those relating to offshore drilling for oil and
natural gas, lobby reform, the presidential line-item veto and a
bill to allow small businesses to form larger groups in order to
buy more affordable health insurance. Because each is controversial
and would therefore prompt Democratic filibusters, none stands a
realistic chance of receiving that most precious commodity-floor
time. Senate Majority Leader Bill Frist (R.-Tenn.) and House
Speaker Dennis Hastert (R.-Ill.) are determined to end the fall
session in late September to give politically endangered
Republicans six uninterrupted weeks to return to their districts
and campaign.
The one exception will be the anti-terrorism agenda listed above.
Republican leaders will be more than happy if their Democratic
colleagues erect procedural hurdles against these efforts to fight
terrorist organizations. After all, the world will be
watching.
And erect them the Democrats will.
Case in point: the controversial August 17 decision by federal
District Court Judge Anna Diggs Taylor that the Bush
Administration's terrorist surveillance program was
unconstitutional. Taylor, an appointee of President Jimmy Carter,
accepted the arguments of the lead plaintiff, the ACLU, that the
program violates privacy and free speech rights, the constitutional
separation of powers and the Foreign Intelligence Surveillance Act,
which created special courts to assess the legality of secret
surveillance within the United States.
Republicans denounced the decision. "We stop terrorists," Speaker
Hastert said, "by watching them, following them, listening in on
their plans and then arresting them before they can strike. Our
terrorist surveillance programs ... saved the day by foiling the
London terror plot." House Intelligence Committee Chairman Pete
Hoekstra (R.-Mich.) said: "It is disappointing that a judge would
take it upon herself to disarm America during a time of war."
Yet leading Democrats rushed to the microphones to praise Taylor's
decision. The senior Democrat on the Senate Intelligence Committee,
Jay Rockefeller (D.-W.Va.), labeled the terrorist surveillance
program the Bush Administration's "tragic failure." Senate Minority
Leader Harry Reid (D.-Nev.) said the administration now must "work
with the Congress to develop effective tools to defeat terrorists."
Translation: We Dems will proudly oppose initiatives that offend
our civil-libertarian sensibilities.
Frist, it now appears, will grant Reid his wish and bring to the
Senate floor in September the National Security Surveillance Act of
2006, authored by Senate Judiciary Chairman Arlen Specter (R.-Pa.).
The bill authorizes the surveillance program and, significantly,
acknowledges "the constitutional authority of the President" to
conduct terrorist surveillance. Its preamble, moreover, makes a
case for the program that will be hard to dispute on the campaign
trail. Federal anti-terrorism investigators, it says, should have
"tools at least as broad as those used by federal agents
investigating domestic crimes" such as "drug conspiracies and
money-laundering rings."
However, Specter's bill encompasses but one part of the broader
anti-terrorist agenda.
Other parts of that agenda may be brought to the floor in other
bills such as the Pentagon and Homeland Security spending bills,
but the best floor strategy, as argued in this column last week,
would be to give all of these anti-terrorism initiatives a unique
identity by bundling them together into one robust legislative
package. Call it Patriot Act II. There's no better way to give the
voters a single opportunity to assess the anti-terrorist agenda and
judge their elected officials accordingly.
Mike 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 Online