With week left, Democrats talk homeland security

WASHINGTON -- The "lame duck" 107th Congress returns today under firm marching orders from President Bush to create a department of homeland security, prompting new negotiations and expressions of optimism from leaders of both parties that the legislation will be passed this year.

For a week or so, Democrats will remain in control of the Senate. Dean Barkley, the little-known Independent Party member from Minnesota appointed to serve the final two months of the late Democratic Sen. Paul Wellstone's term, indicated Monday that he will not caucus with either the Democrats or the Republicans.

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

Barkley's decision ensures that the Republicans will not be able to take control of the Senate until the balloting in another Senate race, the special election in Missouri, is certified. Former GOP Rep. Jim Talent narrowly won that election, defeating Democratic Sen. Jean Carnahan to serve the final four years of her late husband's term.

Besides work on homeland security, the lame duck session of Congress must address overdue spending bills and pick party leaders for the new Congress. It may also take up delayed judicial nominations.

It appeared a comprehensive energy bill before House-Senate negotiators would fall by the wayside. Late Friday, House Energy and Commerce Committee Chairman Billy Tauzin, R-La., proposed a stripped-down version that would only stiffen interstate pipeline safety rules and reauthorize the federal law that provides federal liability insurance for contractors in the nuclear industry. If Senate negotiators agree, the proposal could go to the House floor this week. That would leave major energy issues, such as drilling in the Arctic National Wildlife Refuge and tax credits for energy production, to be dealt with by the next Congress.

Although lame duck sessions are a notoriously bad time to try to enact major legislation, regardless of which party is in control, the president has pressured Congress to act on the homeland security measure and the 13 of 15 appropriations bills still pending.

Sen. Tom Daschle of South Dakota, the Democratic leader in the Senate, said Sunday that his party is ready to cooperate on the Bush-backed legislation to create a new Cabinet-level department in charge of homeland security.

But Sen. Trent Lott, the Republican leader in the Senate, has cautioned the White House that Sen. Robert Byrd, D-W.Va., chairman of the Senate Appropriations Committee, may not be as ready to cooperate on homeland security.

Byrd's office in the Capitol was closed Monday for Veterans Day and could not be reached for comment. But Byrd has been the most vocal critic of the homeland security legislation the president prefers, one that does not afford department employees the kind of civil service protections available to most federal workers.

Despite the holiday, White House and congressional aides spent time Monday studying a compromise homeland security proposal that is aimed at ending the long impasse over the legislation.

LEADERS TO BE CHOSEN: 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 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.

-- Information from Cox News Service, the Washington Post and Associated Press was used in this report.

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