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Dems’ jurisdictional fights slow 9/11-related legislation |
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By Jonathan E. Kaplan
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Posted: 07/13/07 07:32 PM [ET] |
Senior House Democrats and aides are expressing frustration with the prolonged negotiations over legislation that would implement the recommendations of the 9/11 Commission.
The legislation, passed by the House and Senate in January, likely will go to a conference committee next week to reconcile differences between the two bills, according to two Democratic lawmakers. The drawn-out pre-conference has resulted from a bevy of jurisdictional disputes between House and Senate committee chairmen.
“I kind of expected it on my side. But you develop a newfound respect for the Senate in the process,” House Homeland Security Committee Chairman Bennie Thompson (D-Miss.) said. “We’re getting there … Some issues serve as impediments, and we’re working through that. It’s not insurmountable.”
The Senate appointed conferees this week after Minority Leader Mitch McConnell (R-Ky.) dropped his objections to the bill.
Once Democrats move to conference, they will have 20 days to resolve their differences. After that period ends, lawmakers opposing the measure could create procedural mischief.
The lengthy pre-conference has perplexed House Democratic aides. They were bewildered when Senate Majority Leader Harry Reid (D-Nev.) told McConnell on the Senate floor last month that Democrats would relinquish their bid to allow Transportation Security Administration workers to unionize.
House Speaker Nancy Pelosi (D-Calif.) and Reid discussed the issue with union leaders before Reid conceded the issue to McConnell. But Reid and Pelosi spent most meetings trying to figure out how to get McConnell to drop his opposition to the bill, a Democratic source said.
Pelosi has kept close tabs on the bargaining; she discussed the bill on Wednesday with Thompson and has been letting him take the lead in working out differences among the chairmen and with the Senate.
“They have left it up to Bennie Thompson and me to work our way through the pre-conference,” House Transportation Committee Chairman Jim Oberstar (D-Minn.) said.
“The Democratic leadership has to step in during conference to make proposals to solve the disputes and then to enforce the agreement,” a former lawmaker familiar with the discussions said.
In other cases, House Democrats are frustrated that niggling issues are holding up the bill.
“[One] senator that’s holding it up has about that much jurisdiction,” a senior House Democratic lawmaker said, holding his thumb and forefinger together to indicate that the senator in question, whom he would not identify, had little jurisdiction.
The remaining questions fall along committee lines and are the most contentious, said sources familiar with the negotiations.
Thompson and House Energy and Commerce Committee Chairman John Dingell (D-Mich.) are arguing over how the radio spectrum should be allocated to allow first responders to communicate during an emergency.
Oberstar and Sen. Joe Lieberman (D-Conn.) are divided over whether the Department of Homeland Security (DHS) or the Department of Transportation (DoT) should distribute disaster-related grants. Sources said that DoT and DHS sent letters arguing that the Emergency Management Performance Grant program should move to DHS.
Thompson and Senate Banking Committee chairman and presidential candidate Chris Dodd (D-Conn.) differ over whether DoT or DHS should distribute mass transit grants.
The House and Senate are divided on whether 100 percent of maritime and air cargo must be screened.
There are differences among Democrats over whether the intelligence budget should be declassified.
House Democratic Caucus Chairman Rahm Emanuel (Ill.) and Sen. George Voinovich (R-Ohio) want to expand the Visa Waiver Program for Poles and Eastern Europeans, respectively. Other lawmakers have raised concerns about the program, which allows citizens of designated countries to enter the U.S. for 90 days without a visa.
Democrats are opposed to including a measure favored by Rep. Pete King (R-N.Y.) that would exempt people who mistakenly report mysterious activity from civil suits, and Democrats are divided over whether it is feasible to inspect 100 percent of cargo coming into U.S. ports.
Some members of the 9/11 panel knew the infighting — regardless of which party controlled Congress — would be brutal.
“It is very evident to us on the 9/11 Commission that some of the biggest battles within Congress would be jurisdictional.
The mother of all battles would be reform of Congress. We recognized this from the get-go,” the president of the Center for National Policy, former Rep. Tim Roemer (D-Ind.) said.
“Other committees are rightfully being forced to make room for the new kid on the block,” Thompson’s spokesman, Lanier Avant, said. “In the grand scheme of things, the goal is to make this country safer by consolidating the oversight function. As unwelcoming as it is, it’s equally necessary.”
Still, Democrats downplayed the differences.
“Talks have been long and difficult, but only in terms of policy,” an Energy and Commerce Committee aide said. “Everyone is trying to do the right thing. [Jurisdiction] has not really been the issue. It’s been kind of refreshing.”
Oberstar said the delay has resulted because of the House’s and Senate’s voting schedules, travel and the Independence Day recess.
“It’s nothing insurmountable, in my judgment,” he said.
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