The Big Clunker in the Terrorism Bill : Extraneous elements burden a worthy package

With rare speed and bipartisan cooperation, the Senate has passed a broad anti-terrorism bill within seven weeks of the Oklahoma City bombing. The bill, which now goes to the House, gives President Clinton most of the new arrows he wanted for the federal quiver in combatting domestic and foreign-inspired terrorism on American soil. But unfortunately the bill was also used as a vehicle to carry some extraneous political baggage that should be dealt with in other legislation.

Among other things the proposed Comprehensive Terrorism Prevention Act of 1995 would add 1,000 law enforcement officers, create a center to coordinate anti-terror activities, require manufacturers to put “taggants” in certain chemicals to help track down bomb makers, increase federal penalties for terror crimes, streamline deportation of suspected foreign terrorists and expand the military’s role in countering domestic violence by allowing the FBI to ask for its assistance in cases of chemical and biological attacks.

These are sensible steps, but troublesome are the expanded surveillance provisions, including the use of “roving” wiretaps to allow police to tap all phones used by a suspect without separate court orders and new authority for FBI perusal of hotel, credit card and phone bills in cases of foreign terrorism.

Polls consistently show the American public rejects significant erosion of its freedoms and privacy to combat terror. Interestingly, Republicans found rare alliance with civil libertarians in killing a Clinton Administration proposal to allow “emergency” wiretaps for 48 hours without court order.

But Republicans managed to sneak in the bill’s most noxious provision. Euphemistically called “habeas corpus reform,” this element limits all condemned federal and state inmates--not just terrorists--to only one appeal in federal courts, to be made within a year of conviction. Clinton caved in on the Death Row issue to win the rest of the package.

This is a legitimate issue for discussion and legislation, but not in the rush over terrorism. Democrats also tried, and failed, to load up the bill with gun controls. Again, though this page has been unwavering in its support for tougher gun controls, this was not the proper legislative vehicle.

The 91-8 Senate vote suggests the even more conservative House will do little to remove the flaws in this bill. While perhaps needed, some of the new muscle given law enforcement must be monitored closely by the Administration, the courts and ultimately Congress lest hard- won civil liberties be eroded by a repetition of past abuses by the FBI, the Bureau of Alcohol, Tobacco and Firearms and other agencies.