Leahy Says Bush Seeks Department 'Above the Law'

by Thomas Ferraro
Reuters
June 26, 2002
http://story.news.yahoo.com/news?tmpl=story&u=/nm/20020626/ts_nm/congress_homeland_dc_6

 

WASHINGTON - Senate Judiciary Committee Chairman Patrick Leahy charged on Wednesday that the Bush administration was effectively asking Congress to put its proposed department to combat terrorism "above the law."

Leahy told Homeland Security Director Tom Ridge that to win swift congressional approval of the department -- designed to guard against another Sept. 11-like attack -- the administration must revise or drop provisions that would exempt the operation from a number of legal requirements.

"One sure way to slow things down is to cobble together a collection of unrelated political items in the bill, under the heading 'management flexibility,"' Leahy said a hearing by his panel on President Bush 's proposed Department of Homeland Security.

"I'm here to convey personally the president's desire to work with Congress," said Ridge, making his third appearance on Capitol Hill in seven days.

Ridge has steadfastly promoted Bush's plan to fold into a new department all or parts of 22 existing federal agencies -- including the Secret Service , Coast Guard and Border Patrol. But he has also shown a willingness to resolve differences with Congress and did so again Wednesday.

While there has been bipartisan support for creating a department to protect the nation against terrorist attacks, there has been concerns about portions of the Bush plan -- from what the operation would cost to if intelligence failures by the FBI and CIA would be fixed.

STRONG CRITICISM

Leahy voiced some of the toughest criticism yet, telling Ridge on Wednesday: "I am concerned that the administration's proposal would exempt the new department from many legal requirements that apply to other agencies."

"The Freedom of Information Act would not apply. The conflicts of interest and accountability rules for agency advisers would not apply," Leahy said.

And, Leahy said, "The new department would have the right to suspend the Whistle-blower Protection Act," which shields federal workers who shed public light on government problems against retribution.

"In these respects, the administration is asking us to put this new department above the law and outside checks and balances these laws are put there to ensure," Leahy said.

Sen. Charles Grassley, an Iowa Republican, voiced some of the same concerns, particularly about "whistle-blowers," who he called "an asset to government."

"We will work with you," Ridge replied. He vowed to revise the provision on whistle-blowers in Bush's bill to create the Department of Homeland Security so it mirrors language on such protection at other federal agencies.

"I think that's a pretty good answer," Grassley said.

With Bush demanding fast action on his proposed department, and lawmakers asking lots of questions, more than a dozen congressional hearings on the subject were scheduled for this week.

The proceedings are examining various aspects of the president's plan -- from food safety to identification fraud.

FBI Director Robert Mueller and CIA Director George Tenet are to appear on Thursday before the Senate Governmental Affairs Committee , which is examining how the two intelligence agencies would work with the new department.

Bush wants the department to be a clearinghouse for information from these and other agencies to stop communication failures that may have been able to prevent the Sept. 11 attacks.

 

Copyright © 2002 Reuters Limited.

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