WASHINGTON
- Tucked into the nearly 484-page bill creating a new homeland
security department is a provision that permits the creation of
university-based centers for homeland security.
It sets 15 standards that a university must meet to qualify for a
lucrative federal grant. The main advocates of the university provision were
Reps. Tom DeLay and Joe Barton, both Texas Republicans.
The most likely university to meet the bill's rigorous criteria? Texas
A&M.
The homeland security bill is pockmarked with such specialty provisions.
And they are threatening to sink it.
As soon as Monday, the Senate is scheduled to vote on an amendment by
Sen. Joseph Lieberman D-Conn., that would strike seven items from the bill
that the House of Representatives passed Wednesday. If successful, the
amendment probably would kill the bill, because the House adjourned for the
year early Friday.
"If the amendment passes, the odds are great the bill dies for the year,"
said Sen. Phil Gramm, R-Texas.
But Democrats said the House could come back, approve the amended bill
and get it to the president for his signature by Christmas.
"Will the House let it die just because they went home for vacation and
turkey?" asked Sen. John Breaux, D-La., a moderate.
Another provision targeted by Lieberman would provide liability
protections for certain vaccine manufacturers, such as Eli Lilly and Dow
Chemicals. Under existing law, the federal government compensates patients
who are harmed by certain vaccinations, rather than the manufacturers paying
the damages. The new provision would cover manufacturers of any component or
ingredient of the vaccine, and would prevent lawsuits against them in state
courts.
Critics say the language is designed to block lawsuits based on
controversial components such as the mercury-based thimerosal, which is used
as a preservative in vaccines. Pending lawsuits argue that the preservative
is responsible for autism in children and other neurological disorders. The
Food and Drug Administration and the Centers for Disease Control and
Prevention say they have no evidence to back those claims.
Sellers of anti-terrorism technologies would also get liability
protections. If an anti-terrorism product fails to provide protection in a
terrorist act, the seller would be exempt from punitive damages, and
liability would be limited to the seller's liability insurance.
Republicans also added a cyber-security provision to the bill that had
been blocked in the Senate, where Democrats had a narrow majority. That
section would broaden the ability of police to tap Internet or telephone
communications. It also would set a life prison term for computer hackers
who "recklessly" endanger people's lives. The provision is meant for
cyber-terrorists whose actions could hurt the economy or damage crucial
infrastructure, such as an electric power grid.
But lawmakers were not only in a giving mood. They also stripped or
weakened other provisions that had been inserted or agreed to by the Senate
and the White House.
Among them was a Senate-approved amendment, sought by the late Sen. Paul
Wellstone, D-Minn., that would prohibit the department from entering into
contracts with companies that avoid taxes by incorporating offshore. The new
version gives the department secretary the right to waive the prohibition to
prevent loss of U.S. jobs or to save money.
Republicans also eliminated Senate-crafted language that set narrow
guidelines permitting the department to avoid the open-records requirements
of the Freedom of Information Act. The current bill includes the
House-approved language, which has broader exemptions and would keep more
documents from public scrutiny. The bill also would allow the federal
government to override state open-records laws and prohibit the release of
any information that a state received from the department.
As for Texas A&M and its chances for a homeland security grant, Gramm
noted that the criteria, which are not as narrow as they once were, also
would apply to several other large universities.