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NewsSeptember 4, 2002

WASHINGTON -- President Bush bore down on lawmakers Tuesday to approve his vision of a new Cabinet superagency to spearhead the nation's defense against terrorism, but a major dispute over executive power is brewing in the Senate. Next week's anniversary of the Sept. 11 attacks is raising pressure on Congress to act on Bush's proposal for a Department of Homeland Security, much of which was included in a bill the House passed in late July...

By Nick Anderson, Los Angeles Times

WASHINGTON -- President Bush bore down on lawmakers Tuesday to approve his vision of a new Cabinet superagency to spearhead the nation's defense against terrorism, but a major dispute over executive power is brewing in the Senate.

Next week's anniversary of the Sept. 11 attacks is raising pressure on Congress to act on Bush's proposal for a Department of Homeland Security, much of which was included in a bill the House passed in late July.

The Senate, in its first vote on the matter, agreed unanimously Tuesday to consider the legislation -- the prelude to a floor debate that could take up to three weeks.

The vote cleared away an important procedural obstacle, increasing the likelihood that the Senate soon will pass its own version of a bill to merge all or parts of more than 20 federal agencies into one new department with as many as 170,000 employees.

But the administration continued to attack provisions it objects to in the Senate bill, sponsored by Sen. Joseph I. Lieberman, D-Conn. The dispute centers on how much freedom Bush and his new homeland security secretary would have to run the department outside of the usual government rules and regulations.

The administration is pressing for what it calls "freedom to manage" -- the ability to reshape pieces of the new department and to create a new system for hiring, firing and paying its employees.

Preserve protection

Senate Democrats say the White House is overreaching. They want to preserve existing civil service protections for the federal employees -- many of them represented by unions -- who would be joining the new agency. The Democrats also want to preserve congressional authority over government spending.

White House spokesman Scott McClellan denounced the Senate bill Tuesday. "It does not create the lean, effective and flexible agency that we need to defend against a ruthless enemy who can carry out their attacks at their choosing," he said.

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Threatened veto

Bush, whose aides for weeks have threatened a veto by him over the employee-management issues, pressed his case Tuesday in a burst of lobbying. Several Republican senators came to the White House for a strategy session, and the president's homeland security adviser, Tom Ridge, made the rounds at the Capitol.

But some Democrats, led by Sen. Robert C. Byrd of West Virginia, promised to resist what they call an administration power grab.

Byrd acknowledged "a political windstorm" to create the homeland security agency is "blowing down Pennsylvania Avenue and through the halls of Congress."

But he urged the Senate to slow down the debate and preserve the power of Congress to oversee the executive branch. "Let's stop, look and listen and be careful about what we're doing," he said.

No filibusters

Despite his adamant tone on the Senate floor, Byrd indicated he would not necessarily use every parliamentary weapon to stop the bill. While he may offer amendments, Byrd told reporters, he did not plan to try to talk the bill to death through a filibuster. That, too, was a strong signal that the bill will advance.

The House returns Wednesday for what will be an unusual work week. On Friday, both houses of Congress are scheduled to hold a ceremonial meeting in New York City to commemorate the Sept. 11 attacks on the World Trade Center. It will be the first time in more than two centuries that Congress has met in New York.

With the Sept. 11 anniversary much on the minds of lawmakers, many of whom are up for re-election this fall, the homeland security debate seems likely to yield a final bill by year's end to create what would be the government's third-largest Cabinet department.

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