WASHINGTON-The Clinton administration and Congress, though under pressure to fund government operations in fiscal 1997 before adjourning for re-election campaigns in a few weeks, have renewed efforts to expand government eavesdropping and fund the 1994 digital wiretap bill as part of new counter-terrorism bills.
Clinton, who seized the issue in the aftermath of the Olympic Park bombing and the mysterious TWA Flight 800 explosion, unveiled a $1 billion plan last week built around beefed-up airport security.
Nearly $38 million would be spent on new machines to screen electronic devices, like cellular phones and laptop computers, for minute traces of explosive chemicals.
“We know we can’t make the world risk-free, but we can reduce the risks we face and we have to take the fight to the terrorists,” said Clinton.
He added, “We need all these laws, and we need them now, before Congress recesses for the year. Terrorists don’t wait and neither should we.”
But some Republicans, even those who support some of Clinton’s proposals, claim the FBI is not using funds already available to fight terrorism.
Given the time constraints and controversy in trying to balance law enforcement needs and constitutional protections, it is uncertain whether Congress will pass another anti-terrorism measure to supplement the one passed last spring.
Still, it appears the political will is there. The question is whether there’s enough to overcome skeptics, like Rep. Bob Barr (R-Ga.) and civil liberty advocates, who don’t want to give expanded powers to law enforcement with Waco, Ruby Ridge and Filegate still fresh in memory.
Another factor complicating matters is election-year politics. Republicans don’t want to be painted by Clinton and congressional Democrats as a hindrance to fighting terrorism. Moreover, if anti-terrorism legislation is going to move, the GOP wants credit for it.
Before Congress recessed in August, the House passed an anti-terrorism bill without expanded wiretap authority and other provisions sought by the White House and a bipartisan throng of lawmakers. Barr, as he has done in recent years, rounded up enough support to kill expanded eavesdropping.
As such, the challenge in passing additional anti-terrorism legislation is greater in the House than in the Senate.
Nevertheless, there is support in both chambers and on both sides of the aisle for giving law enforcement more firepower.
GOP members like House Judiciary Committee Chairman Henry Hyde (R-Ill.), who’s holding a hearing this week to consider new anti-terrorism arsenal, and Bill McCollum (R-Fla.), are pressing for a bill before the 104th Congress adjourns.
While Barr succeeded in blocking funding the last two years to implement the digital wiretap law-officially the Communications and Law Enforcement Assistance Act-House Commerce appropriations subcommittee Chairman Harold Rogers (R-Ky.), with prodding from the White House-set up a fund into which law enforcement and intelligence agencies can contribute excess, year-end monies to reimburse wireless and wireline carriers that expand wiretap capacity to meet FBI needs.
While systems must be wiretap compatible by 1998, carriers do not have to expand wiretap capacity if the government lacks funds to reimburse them.
