Monday, March 13, 2006

 

...And Sue is Bragging About This?

On March 8, Sue boasted via a press release, that a piece of her legislation finally passed, albeit as an attachment to "a larger financial services regulatory bill."

The release and a subsequent PoJo article concerning the passage described a tool with which to "crack down on foreign countries that fail to stop terrorist financing networks."

Well, ya gotta love that action language..."crack down." However, as often is the case with Sue Kelly's homespun spin, there's no teeth in her legislative bite.

A closer look at what this attachment shows that there is no there there. This bill simply requires that the Treasury Dept. report to Congress annually "which foreign countries are not enforcing laws against money laundering and terror finance."

Couple of questions here. The most immediate would be:

"If Congress and the administration were doing their jobs concerning oversight, would this toothless legislation be necessary?" In the post 9/11 world, stronger legislation than this should have been a top priority beginning on 9/12...and here it is, four and a half years later, and Sockpuppet Sue gets an attachment to a large bill that finally acknowledges this as a potential problem? Good morning, Sue and Congress. Nice of you to finally WAKE UP!

Another question jumps out:

"What are the penalties for non-compliance of these undescribed laws?" The attachment stops way short of punishment. As a matter of fact, it stops short of minimally requiring Treasury to report directly to the public. It only requires them to report to Congress, and judging how effective the House and Senate have been with oversight duties in the past five years, we can guess where the information will end up, especially if the information isn't PAC donation friendly.

So, what we have here is...Sue and the far right majority in Congress waited four and a half years to pass a toothless attachment to a finanical services bill concerning an issue that should have been dealt with BEFORE two planes flew into the WTC and another into the pentagon on September 11, 2001.

And she is bragging about it?

Once again, Sue is 1,645 days late and millions of dollars short when it comes to National Security.

UPDATE: by NYBri:

As myh has pointed out in the comments that there may be a "punishment" hiden in this attachment. Let's have a look:

"If this proposal were made law and a report is, for some reason, filed by Treasury, there is, theoretically, a monetary sanction if this is a unilateral loan by the US, and provision for objecting to the loan if it is multilateral.

But wait! - all that can be overruled if the Executive branch says the country is “trying” to comply with the treaty, and also if the President says “Gee, we know this government is financing terrorism but we really like these folks and don’t want to mess with them, so, heh, heh, let's just not get crazy here an do anything bad to these nice people.” (No lie, the statute permits this - a country can be violating a multinational treaty by financing terrorism, and the President can say - don't apply the law to that country.)"

The President can be overruled by a Joint resolution of Congress (how many times is that going to happen with the President’s party controlling both houses) within 30 days (when has Congress ever acted that swiftly anyway). But even if Congress did overrule the President, the Secretary of Treasury could decide that, after all, the country is trying to comply, so let's not sanction them.

So it would end up as the Treasury Department's decision where the entire process began. Nice legislative circle. I stand by my initial read that there is no "penalty" phase to this bill at all.

Comments:
I've read through the bill language - first, this is not even "law" yet, because there is no similar provision in the Senate bill and this provision could get deleted when the bill goes to conference (think Sue will issue a press release if that happens?) - so it looks like this meaningless legislation was thrown into the bill as a bone to Sue for all the deciding votes she's made on behalf of the far right Tom Delay agenda of the Republican party, to enact their extremist agenda.

Second, even if this provision is ultimately part of the bill that is enacted, Congress would have to wait for up to a year for the Secretary of Treasury to report a country of concern that it (Treasury) believes is failing to comply with the international treaty that deals with suppression of the financing of terrorism. If a problem country is identified in April, say, the report would go to Congress on March 1 of the following year - way to go, Sue.

(I echo NYBRI's question - shouldn't they be reporting this anyway, and to the public at large, not just Congress? We are talking about compliance with an existing international treaty.)

If this proposal were made law and a report is, for some reason, filed by Treasury, there is a theoretically a monetary sanction if this is a unilateral loan by the US, and provision for objecting to the loan if it is multilateral.

But wait! - all that can be overruled if the Executive branch says the country is “trying” to comply with the treaty, and also if the President says “Gee, we know this government is financing terrorism but we really like these folks and don’t want to mess with them, so, heh, heh, let's just not get crazy here an do anything bad to these nice people.” (No lie, the statute permits this - a country can be violating a multinational treaty by financing terrorism, and the President can say - don't apply the law to that country.)

The President can be overruled by a Joint resolution of Congress (how many times is that going to happen with the President’s party controlling both houses) within 30 days (when has Congress ever acted that swiftly anyway). But even if Congress did overrule the President, the Secretary of Treasury could decide that, after all, the country is trying to comply, so let's not sanction them. Does anyone feel like Alice in Wonderland yet?

Sheesh! This is Sue's idea of national security?
 
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