GOP senators threaten to kill homeland bill over labor rules

Senate Republicans Tuesday threatened to scrap legislation to establish a Homeland Security Department if Democrats refuse to accept a plan to give the president broad flexibility over the personnel rules for the new Cabinet-level department.

Minority Leader Trent Lott, R-Miss., who spoke with President Bush about the issue Tuesday, said the president "made it clear that he would not sign a bill that diminished his authority" over employment rules for federal employees. "Bush said: `Stand your ground,'" Lott told reporters.

At issue is an amendment that will be offered by Sens. Phil Gramm, R-Texas, and Zell Miller, D-Ga., that would allow the department's secretary to waive collective-bargaining rights for the unionized employees of the new department. Governmental Affairs ranking member Fred Thompson, R-Tenn., said that if the Gramm-Miller amendment fails, "we very well may not have a bill at all."

Separately, a bipartisan group of moderates have reached a compromise on the issue that could break the impasse. Under the compromise, which was brokered by Sens. Lincoln Chafee, R-R.I., John Breaux, D-La., and Ben Nelson, D-Neb., employees in the new department would retain protest rights to the Merit Systems Protection Board. The compromise would still allow President Bush to waive union rights via executive order, but only for employees whose primary duties involve terrorism investigation, intelligence or counterintelligence. This provision mirrors legislation sponsored by Rep. Connie Morella, R-Md., that was rejected by the House.

The two largest federal employee unions, the American Federation of Government Employees and National Treasury Employees Union, supported the compromise.

"This compromise maintains fundamental protections for employees who will be transferred to the Department of Homeland Security," said Colleen Kelley, president of NTEU.

Chafee said the moderates' language is based on a proposal included in the House bill by Rep. Rob Portman, R-Ohio. He added he has spoken with the White House about the language, but it was "doubtful" the administration would endorse the compromise. Gramm and Miller Tuesday afternoon called the moderates' plan "totally unacceptable."

Breaux and Nelson crafted their own compromise on the issue last week that would have permitted department employees to appeal employment decisions to the Federal Labor Relations Authority. But a spokesman for Chafee said the latest deal does not build on the previous language.

One key senator said Tuesday he remains undecided. Following a bill signing ceremony at the White House, Sen. Arlen Specter, R-Pa., told CongressDaily today he had spoken with Gramm Tuesday and with Breaux Monday.

Debate on the employment rules moved a step closer Tuesday when the Senate defeated, 70-28, an attempt by Sen. Robert Byrd, D-W.Va., to require Congress to approve the organization of the new department.