Thursday, December 02, 2004

Intelligence Reorganization Bill Stalemates in House

Today I found two articles on CNN.com, GOP Senator: Bush Pushing for Intelligence Bill and No Compromise Yet on Intelligence Bill, that pertain to our class discussion this morning. The Intelligence Reorganization Bill is currently pending in the House of Representatives. This bill would establish many of the recommendations made by the 9/11 Commission including a new post of Director of National Intelligence. However, Speaker of the House Dennis Hastert has refused to schedule a floor vote due to objections raised by certain House members. What is fascinating about this article and particularly applicable to today’s lesson is the fact that this bill is being thwarted by two influential Republican Congressmen, House Armed Services Chairman Duncan Hunter, R-California, and House Judiciary Chairman James Sensenbrenner, R-Wisconsin, despite heavy pressure from top Republican leaders, including President Bush, Vice President Cheney, Defense Secretary Donald Rumsfeld, and top White House advisor Karl Rove to pass the bill before the end of the year. This suggests that party is not the key determinant in legislators’ voting behavior. Congressman Hunter objects on grounds that the bill shifts too much control from the military to the intelligence director. The new Intelligence Director would report to the Intelligence Committee, not the Armed Services Committee. It is not surprising that the Chairman of the Armed Services Committee, interested in maintaining and maximizing his influence over policy outcomes, would be against such a movement. The Intelligence Reorganization bill would decrease Hunter’s ability to provide sanctions and rewards, and therefore constrict his power to affect agency behavior. This real life example is consistent with Weingast and Moran. Moreover, James Sensenbrenner is against the Intelligence Reorganization Bill because he wants tighter restrictions on illegal immigration, particularly by preventing states from giving licenses to illegal immigrants. Perhaps this is a pertinent issue in Sensenbrenner’s district as Wisconsin is a state bordering Canada. Interestingly, Sensenbrenner has refused compromises suggested by other legislators to vote for the tighter immigration controls demanded by Sensenbrenner in a floor vote next year in exchange for his vote on the Intelligence Reorganization Bill. Sensenbrenner has long refused this proposal, which is consistent with Weingast and Marshall’s theory of non-simultaneous exchange. Also, this stalemate may be viewed as an example of strategic behavior when unanimity is required for decision-making. Even though this bill has already passed a conference committee, and most members of the House are prepared to vote for the bill, Hastert has cancelled the vote because two influential members object to it. Essentially, these two members have veto power preventing the bill’s passage. As a result, they are holding out for their desired provisions and are the strategically exploiting their veto position. Given the unlikelihood of Hunter agreeing to relinquish some of his influence or Sensenbrenner engaging in a non-simultaneous exchange, we must hope that Hastert ceases to secure veto power for Hunter and Sensenbrenner and instead allows the bill to go to the floor for a majority vote. If the bill does not get passed by the end of the year, the new Congress will have to start from scratch, wasting months of discussion and compromise. http://www.cnn.com/2004/ALLPOLITICS/11/28/intelligence.bill/index.html http://www.cnn.com/2004/ALLPOLITICS/12/02/intelligence.bill/index.html Michelle

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