Putting Off 9/11
Reform Law is the Right Answer
by James Jay Carafano, Ph.D.
Three cheers for the Congress. House and Senate conferees did the
right thing in not rushing to compromise on a bill to address the
reforms proposed by the 9/11 Commission. The pressure of rushing a
bill through conference before the election presented too great a
risk of ending up with a bad law. It is more important to get these
reforms right than to get them fast.
Intelligence Reform Needs To Enhance Our Legal Capacity To Combat Terrorism
by Paul Rosenzweig
The House and Senate are now attempting to reconcile their
Intelligence Reform bills. Senate negotiators appear to have taken
the position that the House's amendments to the Senates basic bill
should be rejected as "extraneous." But intelligence reform is too
important for politics and too important to rush. Every one of the
competing provisions should be considered on its own merits and
accepted or rejected on that basis.
The Senate and House 9/11 Reform Bills Both Miss the Mark
by James Jay Carafano, Ph.D.
The House and Senate Bills need to be fixed in conference to
resolve four issues: Both (1) create new and unnecessary
bureaucracy, (2) interfere with the capacity of the National
Intelligence Director (NID) to provide independent assessments to
the President and to oversee the intelligence community, (3)
undercut the missions of the National Security Council and the
Department of Homeland Security, and (4) lack adequate safeguards
to protect civil liberties while providing more aggressive
antiterrorism tools.
Enhanced Information Sharing Is Vital to the Success of the National Intelligence Director
by Paul Rosenzweig and James Jay Carafano,
Ph.D.
It would be absurd to create a National Intelligence Director to
coordinate intelligence activities but to deny him the essential
tools to accomplish that mission. A clear mandate for enhancing
information sharing must be in the final bill that is sent to the
President.
What a Comprehensive Intelligence Bill Should Contain
by Edwin Meese III, Larry M. Wortzel,
Ph.D., Peter Brookes, and James Jay Carafano, Ph.D.
Congress should not pass legislation that overburdens a National
Intelligence Director with too many roles and responsibilities,
misses other opportunities to improve the performance of
intelligence collection (particularly for sharing information and
protecting civil liberties), or neglects additional reforms that
may strengthen and improve the capacity of individual agencies to
do their jobs.
by Edwin Meese III and James Jay
Carafano
The chance to fundamentally restructure our national security
apparatus comes along rarely. Once done, the energy needed to push
reform dissipates. Flaws can go uncorrected for decades. Four
issues are crucial: (1) Do the reforms preserve civil liberties?
(2) Do the reforms address modern threats? (3) Do the reforms
assure the independence of the National Intelligence Director? (4)
Do the reforms help integrate intelligence operations at all
levels?
Make Information-Sharing Authority Permanent
by Paul Rosenzweig
As Congress considers these proposed changes, it should bear in
mind the most important lesson of September 11-that the purpose of
any reorganization is to assist in "connecting the dots" of
intelligence information. To assure that this occurs, Congress must
take steps to make the critical information-sharing authority
contained in the USA Patriot Act permanent. If Congress does not
act, vital aspects of that new legal authority will lapse in
2005.
Preventive Detention and Actionable Intelligence
by Paul Rosenzweig and James Jay Carafano,
Ph.D.
One of the gaping holes in America's response to the terrorist
attacks of September 11 is that we have not yet undertaken the
difficult task of defining a legal regime in which actionable
intelligence may be acted upon. Other countries, most notably the
United Kingdom, have faced similar terrorist threats and have
developed legal structures that permit the government to act upon
intelligence information (through preventive detention) while also
ensuring (through burden of proof standards, procedural
protections, and oversight) that civil liberties are not infringed
upon. We should follow, generally, the English model.
by Paul Rosenzweig, Alane Kochems, and
James Jay Carafano, Ph.D.
The Patriot Act has come to symbolize an overstepping of the
executive branch's power. Unfortunately, that image is based
largely on misinformation. This Special Report describes
specifically what powers the Patriot Act grants, the need for these
powers, the safeguards built into the Patriot Act, and how it has
been used so far.
Sufficiency of Time, Attention, and Legal Authority
by Edwin Meese, III
In this congressional testimony, former U.S. Attorney General Edwin
Meese discusses the management of the intelligence community, the
role of a National Intelligence Director, and Congress's
responsibility to provide adequate oversight of intelligence
activities.
Before the House Permanent Select Committee on Intelligence
by James Jay Carafano, Ph.D.
In this congressional testimony, Carafano names his concerns with the 9/11 Commission's proposals for intelligence reform.
Intelligence Recommendations Bear Scrutiny
by James Jay Carafano, Ph.D.
Most of the 9/11 Commission's recommendations on intelligence
reform are spot-on, but two-the proposals to create a National
Counterterrorism Center (NCC) and an independent national
intelligence director (NID)-bear closer scrutiny. Although a
national center is needed, creating an NCC directly under the NID
might weaken, rather than enhance, the intelligence community's
ability to provide the nation with more responsive, accurate,
effective, and useful strategic intelligence. Instead, the NCC
should be located in the Department of Homeland Security
(DHS).
by James Jay Carafano, Ph.D.
Strategic intelligence is the first line of defense for combating terrorism. To prepare for the future, Congress should undertake responsible intelligence reform focusing on ways to reduce bureaucracy, institutionalize effective information sharing, and improve the capacity of the Intelligence Community to collect information on 21st century threats. Congress must also provide agencies with the resources they need to get the job done right.
What the 9/11 Commission's Report Should Contain: Four Recommendations for Making America Safer
by James Jay Carafano, Ph.D., and Paul
Rosenzweig
The 9/11 Commission's proposals should address four key areas:
implementing responsible intelligence reform, reauthorizing the
"sunset" provisions of the USA PATRIOT Act, promoting new
technologies that can provide both better security and enhanced
protection of civil liberties, and improving congressional
oversight.
An Agenda for Responsible Intelligence Reform
by James Jay Carafano, Ph.D.
A survey of the Heritage Foundation's earlier research on
intelligence reform.
Terrorist Intelligence Centers Need Reform Now
by James Jay Carafano, Ph.D.
After reform, many intelligence functions will rightly remain
outside of the DHS, but information-sharing is of such importance
that the DHS needs effective oversight of all critical intelligence
integration and analysis programs. The DHS needs the
responsibility, organization, and resources to be the effective
integrator of terrorist intelligence that Congress envisioned when
creating the new department.
The SAFE Act Will Not Make Us Safer
by Edwin Meese III and Paul
Rosenzweig
Too much of the debate on the Patriot Act has focused on the Act
not as it truly is but as people perceive it to be. Most of the
proposals for reform mistake the appearance of potential problems
and abuse (the myth) with the reality of no abuse at all. This
paper looks into the reality of the Act and its implementation and
considers a proposed alternative, the SAFE Act.
A Patriotic Day: 9/11 Commission Recognizes Importance of the Patriot Act
by James Jay Carafano, Ph.D., and Paul
Rosenzweig
During the 9/11 Commission's hearings, present and former
government officials and even the Commissioners themselves
emphasized the importance of one new tool adopted after September
11: the USA Patriot Act. They agree that the Patriot Act is an
essential weapon in the nation's global war on terrorism. Congress
should take note and act to reauthorize provisions in the law due
to expire next year.
by Paul Rosenzweig
Securing Freedom And The Nation: Collecting Intelligence Under The Law
by Paul Rosenzweig
The Need to Protect Civil Liberties While Combating Terrorism: Legal Principles and the Total Information Awareness Program by Paul Rosenzweig and Michael Scardaville
Principles for Safeguarding Civil Liberties in an Age of Terrorism
by Paul Rosenzweig
