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[ The Atlanta Journal-Constitution: 11/20/02 ]
Homeland
security bill passes Senate, 90-9
By
EUNICE MOSCOSO
Atlanta Journal-Constitution Staff Writer
WASHINGTON -- After months of partisan wrangling, the Senate on
Tuesday overwhelmingly approved a White House plan to create a
Department of Homeland Security, sparking the largest federal
reorganization in half a century and handing President Bush a major
victory.
The 90 to 9 vote came after a failed Democratic attempt to strip
certain GOP provisions from the bill, including a controversial measure
that would protect vaccine manufacturers and other homeland
security-related businesses from potential lawsuits.
President Bush, flying to the Czech Republic for a NATO summit, said
the measure was "a very important piece of legislation."
"It is landmark in its scope and it ends a session which has seen two
years worth of legislative work which has been very productive for the
American people," Bush said in a phone conversation with Senate Minority
Leader Trent Lott, R-Miss.
The bill would consolidate about two dozen federal agencies into one
cabinet-level department responsible for safeguarding the nation from
terrorist attacks, including its borders and transportation systems. The
new department would have 170,000 employees and a $38 billion budget,
making it the third largest, after the Pentagon and the Department of
Veterans' Affairs.
Bush is expected to nominate Homeland Security Director Tom Ridge to
head the agency. Ridge currently holds a strictly advisory position in
the White House.
Sen. Phil Gramm, R-Texas, who co-sponsored the president's plan with
Sen. Zell Miller, D-Ga., said that the bill marks "a victory for
America's law enforcement professionals, our national security, and the
safety of the American people."
"We're going to run this department better than we run the rest of
the government," he said.
The 484-page homeland security bill sets up an office within the new
department to review intelligence reports from different federal
agencies in an effort to avoid the communications breakdown that
preceded the Sept. 11 terrorist attacks.
"The dots are going to be on one board at this department and that's
going to help our government see the terrorist threat before they
attack," said Sen. Joseph Lieberman, a Connecticut Democrat who authored
many provisions that were incorporated into the final legislation.
The homeland bill would also separate the law enforcement and
immigration service functions of the Immigration and Naturalization
Service (INS), a split that INS critics have wanted for years. The
agency has been sharply criticized for losing track of foreigners in the
U.S. and for sending approved student visa applications to two of the
Sept. 11 hijackers six months after the attacks.
The homeland security bill would also allow airline pilots to carry
guns on airplanes and would grant airports a one-year extension on a
Dec. 31 deadline to screen all checked baggage for explosives.
Lawmakers acknowledged that it would take months before the new
agency would be up and running, but said the vote was an important first
step. In addition, a budget impasse continues to block money for
security improvements throughout the government, including federal funds
to help first responders across the country such as fire fighters and
emergency medical workers.
Earlier Tuesday, lawmakers narrowly defeated a Democratic effort to
strip several GOP provisions from the bill after Lott, the Senate
Republican leader, promised moderate senators that several changes would
be made to them when Congress votes on the first spending bill next
year.
Three Republican senators -- Olympia Snowe and Susan Collins of Maine
and Lincoln Chafee of Rhode Island -- had raised major concerns about
the provisions, which were added by GOP House leaders last week shortly
before the House voted on the bill and adjourned for the year.
The disputed items included language to protect vaccine manufacturers
from liability, which Democrats said was a payoff to the pharmaceutical
industry. The bill would make the protections retroactive, wiping out
current lawsuits, including many from families who claim that vaccines
containing thimerosal caused autism in their children.
Senate Majority Leader Thomas Daschle, D-S.D., blasted the added
provisions.
"Everybody who has their fingerprints on these issues ought to be
ashamed of themselves," he said. "Why would we possibly want to give
liability protection to a company that is making a pharmaceutical
product that may cause autism in children?"
But Gramm defended the new GOP measures, saying that the United
States has a tradition of protecting vaccine manufacturers from
liability. He also argued that dropping the retroactivity of the law
might cause companies to dispose of current stockpiles because they
don't fall under the new legal protections.
In an effort to defeat the Democratic amendment, however, Lott
assured moderate senators that the language would be changed to
eliminate the retroactive protection, Snowe and Collins said.
In addition, Lott promised to change a few other things, including a
provision that set up a university research facility which lawmakers
said is designed for Texas A & M University, although the school is not
mentioned by name. The new language should allow other schools to
compete for the earmark, lawmakers said.
Snowe and Collins insisted that Lott receive commitments from House
Majority Whip Tom Delay, R-Texas, and House Speaker Dennis Hastert,
R-Ill., on the future changes to the bill before they voted with
Republicans on the amendment. Lott talked to both men from the floor of
the Senate, tracking down Hastert in Turkey as the clock winded down for
senators to vote.
The amendment was defeated 52 to 47, clearing the way for final
passage of the bill.
Miller, Ben Nelson of Nebraska and Mary Landrieu of Louisiana, who
faces a tight runoff election Dec. 7, voted with Republicans in
opposition to the amendment. Independent Sen. Dean Barkley of Minnesota
also voted "no"
Sen. John McCain, R-Ariz., sided with Democrats.
President Bush became a critical factor in the vote, lobbying a few
undecided senators personally and dispatching Ridge to do the same.
Miller said that Bush made the difference.
"I don't think it would have happened at this particular time if it
had not been for the president and if it had not been for the people
speaking as loudly as they did on election day," he said.
In addition Miller said he was "pleased that this day has finally
arrived."
"It was a long journey, and we still have a long ways to go to make
this thing work. In my opinion, it took far too long at a time when we
have precious time to be wasting," he said.
The White House had opposed the creation of a Department of Homeland
Security until June when President Bush proposed his plan in a televised
address eight months after the Sept. 11 terrorist attacks.
Senate Democrats have opposed the plan largely because of Bush's
demand for flexibility to hire, fire and promote the new department's
employees, which they said undermined civil service protections.
The rhetoric between the two camps sometimes turned rancorous, with
Republicans accusing Democrats of bowing to the political clout -- and
campaign contributions -- of labor unions and trying to undercut Bush's
power during a time of national crisis. Democrats, in turn, blasted the
White House for questioning their desire to protect the American people.
The dispute stalled the bill in the Senate for months and the bill
became a factor in several races during the midterm election earlier
this month, including the defeat of incumbent Sen. Max Cleland of
Georgia.
The Senate-passed bill is slight variation of a proposal by Gramm and
Miller that included Bush's demands for employee flexibility while
making some minor concessions to Democrats on the labor issues.
Gramm, who is retiring after 24 years in Congress, said he was
pleased to have the long-awaited legislation approved before he left
Capitol Hill.
"It's something that doesn't always happen to an old warrior on his
last hunting party," he said.
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