What's in the intelligence act? Contrary to much of the reporting in the major media, few aspects of the Intelligence Reform Act are actually designed to safeguard Americans.

Those who would give up essential Liberty to purchase a little temporary Safety deserve neither Liberty nor Safety.

Benjamin Franklin, 1755

"Our vast intelligence enterprise will become more unified, coordinated and effective," said President Bush at the December 17 signing of the Intelligence Reform and Terrorism Prevention Act. "It will enable us to better do our duty, which is to protect the American people." The legislation, which will effect the largest overhaul of the U.S. intelligence community in 50 years, emerged from stormy battles in Congress that pitted congressional conservatives against a coalition of liberal Republicans and Democrats led by the Bush White House. It was approved by the House by a vote of 336 to 75, and in the Senate 89 to 2.

Huge, bipartisan majorities, however, are often a signal for caution, not jubilation. They frequently coalesce around issues that are symbolic and irrelevant, or are driven by emotional, media-hyped campaigns--like this one. In the latter case, we invariably end up with another massive, intrusive, abusive, costly layer of government, which, the politicians invariably assure us, is for our own safety.

The bill runs to 563 pages of legalese and will hugely impact our lives. Like many bills, its title is somewhat deceptive. It has very little to do with intelligence reform, being primarily concerned with reorganization, with centralizing and politicizing intelligence and police powers. A primary feature of the legislation is the creation of the post of Director of National Intelligence, whom both supporters and opponents have tellingly referred to as an "intelligence czar." Totalitarian regimes have need for intelligence czars; constitutional republics do not.

True reform would entail cleaning out officials in the existing intelligence agencies, who are guilty of criminal negligence, corruption, coverup--and worse. But, as we have detailed in previous articles, the evidence of top-level malfeasance has been swept under the rug. Instead of being investigated, demoted, fired, and/or prosecuted, some of the worst offenders have been, and are being, promoted. This being the case, we can rearrange the intelligence flow chart boxes all day and never really "reform" intelligence--or prevent future terrorism.

True reform also would entail a primary focus on plugging the gaping holes in our border security, as well as our immigration, customs, and visa processes. The architects of the conference report, however, insisted that these matters should not be allowed to stand in the way of the (allegedly) more pressing issue of intelligence reorganization. This much is elementary, and should be patently obvious: every foreign national who enters the U.S. (whether legally or illegally) presents a challenge to our intelligence community. Is he/she a terrorist or terrorist asset? Does it make more sense to put security procedures in place at the border, at ports of entry, and at our consular offices abroad to screen out terrorists before they enter our country, or to attempt to develop intelligence on these aliens after they've entered and disappeared into the U.S. population? The latter option, clearly, cannot reasonably claim to be an advance for intelligence.

Under the newly enacted S. 2845, border security and immigration control not only take a back seat to reshuffling the bureaucracy, but the bill also gives priority to a host of new foreign aid programs and education and trade initiatives. According to the logic of its authors, in the war against terrorism, it is more important to force "democracy" education programs on Muslim countries than it is to protect our own borders. Although differing in some respects from the recommendations of the presidentially appointed 9/11 Commission, the final conference report is based largely on the commission's report. The following are some of the key features of the new law:

* Director of National Intelligence (DNI): Appointed by the president, with the advice and consent of the Senate, the DNI will direct and manage activities of the intelligence community, including the Central Intelligence Agency, the National Security Agency, the Defense Intelligence Agency, and the intelligence operations of the Armed Services, the FBI, and other federal departments and agencies.

* National Counterterrorism Center (NCTC): Created in August 2004 by an executive order of President Bush, the NCTC was a part of the CIA, with its director appointed by the CIA director. Now the NCTC director will be appointed by the president and will operate under the direction of the new DNI.

* National Intelligence Council (NIC): Establishes a national council "composed of senior analysts within the intelligence community and substantive experts from the public and private sector."

* Airport screening: Mandates a new passenger screening system and upgraded baggage screening for explosives.

* Financial crimes: Beefs up FinCEN, the federal Financial Crimes Enforcement Network, to prosecute money launderers and financiers of terrorism.

* National ID: Stops short of a national identification card, but takes a major step in that direction by establishing minimum standards for state driver's licenses.

* Biometric identification: Mandates exploration of biometric identification systems for all entering and exiting the U.S.

* Grand juries: Provides for grand jury information, traditionally kept secret, to be shared with federal officials in cases involving terrorism.

* Foreign aid: Creates an International Youth Opportunity Fund under UNESCO "to provide financial assistance for the improvement of public education in the Middle East and other countries of strategic interest with predominantly Muslim populations."

* Trade: Promotes "creating a Middle East Free Trade Area by 2013," as well as other bilateral free trade agreements.

* United Nations: Applauds and supports increased cooperation with and support of the UN "democracy caucus," the so-called UN Human Rights Commission, and other UN bodies and agencies.

* Alien smuggling: Creates an interagency Human Smuggling and Trafficking Center and increases penalties for smuggling aliens into the U.S.

* Border enforcement: Adds 10,000 Border Patrol agents and 4,000 new investigators for Immigration and Customs Enforcement.

* Deportation: Orders an increase of 40,000 detention beds to accommodate aliens awaiting deportation.

Some of the above mentioned items--the last three items, for instance--are positive and were included as a concession to opponents who insisted on addressing the border security issue. However, the sincerity of the Bush administration and the House-Senate leadership concerning the immigration/security crisis is dubious at best. The White House has stated that one of its priorities in 2005 is to push through its amnesty for illegal aliens now in the U.S. and to expand and facilitate the entry of foreign "willing workers."

The new legislation also pointedly refused to ban the use of "matricula consular" cards (IDs issued by Mexican consulates to Mexicans, including illegal aliens) to obtain driver's licenses and conduct financial transactions. The matricula consular IDs, which are rife with fraud, make it easy for a terrorist to obtain driver's licenses and other forms of ID. Thus, while American citizens are to be subjected to greater government surveillance, privacy invasion, and control, illegal aliens are to continue receiving government aid in violating our laws!

If these fatal policies are allowed to stand and go forward, it will not matter if we hire ten times the number of Border Patrol, Immigration, and Customs officers provided for in the bill; our border security will remain wide open, and we can be sure that will lead to future catastrophic terrorist attacks. Intelligence? No. Lunacy--or worse.