Democrats will control Congress' lame-duck session

WASHINGTON -- Interim Minnesota Sen. Dean Barkley announced Monday he will be an independent during his brief stay in Congress, enabling Democrats to remain in control when the Senate begins a postelection session this week.

As a result of Barkley's decision, Senate Majority Leader Tom Daschle, D-S.D., will continue in that post when the Senate is gaveled into session Tuesday. That means Daschle can decide what bills the Senate debates during the so-called lame-duck meetings of the current Congress, which are expected to run for at least a week.

Democrats currently have a 50-49 edge, including the support they get from the Senate's other independent, Sen. James Jeffords of Vermont. Had Barkley decided to sit with Republicans, they would have become the majority because Vice President Dick Cheney would have been able to vote to break the resulting 50-50 tie.

Barkley's press secretary, David Ruth, disclosed the interim senator's decision in an interview with The Associated Press.

"I am an independent, the governor who appointed me is an independent, and I believe the best way to served the people of Minnesota is to remain independent," Barkley said later in a written statement.

Wooed by both parties

Barkley was appointed by Minnesota Gov. Jesse Ventura, an independent, to fill the unexpired term of Sen. Paul Wellstone, D-Minn., who was killed in a plane crash on Oct. 25. Ten days later, Republican Norm Coleman was elected to the seat for the new Congress that convenes Jan. 7.

Both Daschle and Senate GOP leader Trent Lott of Mississippi have said it makes little difference which of them is majority leader during the lame-duck session, since Congress will have a limited agenda during what will be an abbreviated meeting.

Even so, Barkley, 52, Minnesota's planning director and founder of Ventura's Independence Party, had been wooed by GOP and Democratic leaders and telephoned by President Bush in efforts to win his support.

White House spokeswoman Claire Buchan said the administration "will continue to work with him and other members of Congress to enact our priorities in the lame-duck session."

Topping Congress' lame-duck agenda is Bush's plan to create a new Department of Homeland Security. On Monday, White House and congressional aides studied a staff-level proposal for ending an impasse over the proposal, which Bush has called the top priority for Congress' postelection session.

With pivotal lawmakers yet to sign off on the tentative plan, major hurdles remained that could extend the long-running dispute over the proposed agency. But the effort underlined the seriousness with which legislators were taking Bush's insistence last week that the current Congress not adjourn for the year until it enacts his plan for the new agency, part of his response to last year's terrorist attacks.

Overdue spending bills

Congress was to start its lame-duck session today. Besides work on homeland security, it must also address overdue spending bills and pick party leaders for the new Congress, and may also vote on delayed judicial nominations and a series of other bills.

A homeland security agreement, if enacted, would hand Bush a major domestic policy triumph. It would also further enhance the clout he garnered last week when Republicans swept to victory in House and Senate elections.

The Republican-controlled House approved a bill establishing the new Cabinet-level department in July. But legislation has bogged down in the Senate, where many Democrats have objected that Bush's plan would not provide enough job protections for the new department's 170,000 employees.

The tentative accord, proposed by Republicans, emerged from Sunday night talks that included White House officials and aides to Senate GOP leader Trent Lott of Mississippi and Sens. John Breaux, D-La.; Ben Nelson, D-Neb.; Lincoln Chafee, R-R.I.; and Zell Miller, D-Ga. They were described by two congressional officials familiar with the bargaining.

Not involved was Sen. Phil Gramm, R-Texas, who has been the most vociferous administration ally on the issue.

It was also unclear whether Sen. Robert Byrd, D-W.Va., who until now has sought to slow work on the bill, or other possible opponents might invoke procedural delays that would force supporters of any deal to muster 60 votes to pass legislation.

Under provisions of the plan under discussion, the new department would have to notify unions in writing should it seek to change salary structures or other personnel regulations.

Unions would have 30 days to respond. If no compromise was reached, the agency could declare an impasse that would lead to at least a month of bargaining led by federal mediators. After that, the department could impose whatever final rules it wished, though they could be challenged in the courts.

In addition, the president would be able to eliminate collective bargaining rights of agency workers if he declares in writing that national security would be at risk if he did not. That declaration would last four years -- giving the next administration a chance to overturn it.

One congressional official said the proposal represented some movement by the GOP toward Democrats' demands that unions have a greater voice in any workplace changes the administration tries to make.

In last Tuesday's election, Republicans slightly strengthened their slender majority in the House while grabbing narrow control of the Senate for the Congress that begins in January. But it remained unclear which party will control the Senate for the lame-duck meeting.

In other business,

--As early as this week, Congress may approve a bill temporarily financing most federal agencies. Only two of the 13 spending bills for the federal budget year that started Oct. 1 have been approved, and the current temporary measure expires Nov. 22.

--The Senate may consider judicial and other Bush nominations that have been bottled up for months. Both chambers may work on bills creating terrorism insurance, changing bankruptcy laws and enhancing port security.

--House and Senate Republicans choose their leadership teams for the new Congress on Wednesday. Lott and House Speaker Dennis Hastert, R-Ill., remain in charge, while Rep. Tom DeLay of Texas and Sen. Mitch McConnell of Kentucky become the No. 2 GOP leaders, respectively, of the House and Senate.

--House Democrats expect to elect Rep. Nancy Pelosi of California as minority leader on Thursday, replacing Dick Gephardt of Missouri, who is stepping down. Rep. Steny Hoyer of Maryland will be their whip. On Dec. 3, Senate Democrats are expected to re-elect Daschle and No. 2 leader Harry Reid of Nevada.