House Homeland Security panel won't have say in 9/11 legislation

As the House Homeland Security Committee this week makes its case to become a permanent panel next year, the committee will not have an opportunity this year to mark up the Republican leadership's bill on 9/11 Commission recommendations and the opportunity to set jurisdictional precedent.

"We're focusing all of our attention on completing the report," said a spokesman for Homeland Security Chairman Christopher Cox, R-Calif., referring to a mandate that created Cox's temporary, select committee in the 108th Congress. It requires the committee to submit a report to the House Rules Committee by Thursday on its status and changing jurisdictional boundaries with other committees that share authority over security issues.

The Rules panel will then review the report and make its recommendation to House leaders before the chamber reorganizes itself for the 109th Congress.

House GOP leaders unveiled their measure to address the 9/11 Commission's recommendations late last week and a handful of panels with provisions in the bill are marking it up Wednesday.

Cox successfully added language to the 9/11 package that originated out of his committee. The provision would revamp how first responders receive federal funding. Cox's spokesman said the panel's "fingerprints are all over the bill," claiming Cox's staff was "deeply involved in drafting the legislation" with "a lot of our ideas and language included in the final product."

The spokesman added, however, that the panel has a logistical problem with marking up the bill at the same time as other committees.

"Clearly, we have a numbers problem as well," he said, noting that House leaders placed eight committee chairmen on Cox's panel. "The mere fact that a number of committees are marking up the bill at the same time only exacerbates the problem."

Homeland Security ranking member Jim Turner, D-Texas, threatened last month to fight for more than 30 amendments addressing port, rail and aviation security to be added to the GOP bill. Turner and Democrats on the panel attempted to add the provisions to an authorization measure for the Homeland Security Department this summer. The measure stalled over partisan differences.

Many of the committee chairmen -- particularly Transportation and Infrastructure Chairman Don Young, R-Alaska -- that sit on the Homeland panel have publicly slammed the idea. Young and Transportation and Infrastructure ranking member James Oberstar, D-Minn., have encouraged their panel members to vote against legislation coming out of Cox's panel.

The logistical headache of marking up the 9/11 package speaks to one of the 9/11 Commission's key recommendations.

"Congress should create a single, principal point of oversight and review for homeland security," read the commission's report.

The commission also recognized that ultimately the decision comes down to GOP leaders, saying "congressional leaders are best able to judge what committee should have jurisdiction over this department and its duties."

House Republican leaders, for their part, have punted on the jurisdictional battle until next year. Their 9/11 package only slightly addressed the commission's recommendation with a "sense of Congress" that it needs to tackle the issue next year.