Key senator aims to give Congress role in shaping new department

Sen. Robert Byrd, D-W.Va., a fierce defender of congressional prerogatives, will propose an amendment to homeland security legislation to reinforce the legislative branch's ability to oversee the implementation of the new Homeland Security Department, even after Congress approves it this fall.

"My amendment would not say, 'Here it is, Mr. President, we're out,'" Byrd said Thursday. Instead, Byrd seeks to "keep Congress in the mix" as the administration organizes the 170,000-employee, Cabinet-level department.

Although congressional approval of the new department is all but inevitable this fall, Byrd's amendment could help the Senate sidestep a stumbling block. The amendment would require Congress to sign off on the structure of most major elements of the department, once established by the administration. Lawmakers could then vote to change the way the administration organizes particular divisions.

Byrd's amendment also sets firm deadlines for when the administration would have to set up each of the department's divisions. Byrd has long feared that the homeland security legislation speeding through Congress would give the administration too much authority over how the new department should be organized and operated.

"Congress has an oversight obligation," he said Thursday. "The people's representatives should stay front and center."

It is unclear if senators will accept the amendment. Byrd said he has discussed it with Majority Leader Tom Daschle, D-S.D., and Governmental Affairs Committee Chairman Joseph Lieberman, D-Ct.-the bill's author-but did not receive a response.

Byrd alone does not have the power to block the creation of the Homeland Security Department. In fact, he said Thursday he believes some reorganization of the federal government is necessary to guard against terrorist attacks.

However, Byrd has the ability to slow down its approval by objecting to unanimous consent requests. Before the August recess, Byrd single-handedly forced Senate leaders to delay consideration of the bill until this month by using exactly that tactic.

Meanwhile, the Senate made the first major changes to the legislation with an amendment to bar U.S. corporations that move offshore from receiving federal contracts from the new department. Although several GOP senators opposed the amendment, it was approved on a voice vote. A similar provision is in the House version.

However, several congressional aides said Republicans hope to remove the provision during conference committee negotiations with the House.

Sen. Paul Wellstone, D-Minn., who introduced the amendment, blasted Republicans for accepting the amendment on the floor-even though they plan to remove it in conference.

The Senate also voted, 87-6, to permit airline pilots to carry firearms. The amendment was backed by unlikely allies Sens. Bob Smith, R-N.H., and Barbara Boxer, D-Calif.