Senate refuses to stop debating employee rights in homeland bill

In a vote that underscored the rigid party differences over the proposed Homeland Security Department's employment rules, the Senate voted along party lines Thursday to continue debating legislation to create the new Cabinet-level agency.

The 50-49 vote to reject the Democrats' cloture motion comes as negotiations intensify over the civil service rules that have bogged down the bill.

Sen. Arlen Specter, R-Pa., considered to be a key undecided vote, said he may offer his own proposal to break the partisan standoff. Sen. Lincoln Chafee, R-R.I., another key senator on this issue, said he remains undecided.

Sen. John Breaux, D-La., said after the vote that negotiations on a compromise he has crafted with Sen. Ben Nelson, D-Neb., are "ongoing." Breaux spoke today with Minority Leader Trent Lott, R-Mo., and the White House, but no progress was reported.

As it stands now, both sides appear to have about 50 votes, leaving Vice President Dick Cheney in position to break the tie for Republicans. Breaux said today he has told the White House that "we ought to get something that the Senate can support without a vote from the vice president."

The vote Thursday afternoon rejected a Democratic attempt to shut down the chamber's three-week debate on the resolution and move to a final vote. Republicans voted unanimously against the move-although Sen. Michael Crapo of Idaho was absent.

All Democrats but Sen. Zell Miller of Georgia voted with Majority Leader Tom Daschle, D-S.D., to shut down debate. Miller is the only Democrat to join with Republicans in supporting a compromise bill backed by the White House. Despite their unease with the GOP plan on the labor rules, Chafee and Specter voted with Republicans on the procedural move.

At issue are competing proposals that would set the employment rules for the 170,000 employees of the proposed department.

The leading Democratic plan, authored by Breaux and Nelson, would give the president the flexibility to waive those rules in a time of national emergency, but allow employees to appeal the decision administratively.

The GOP proposal, authored by Democrat Miller and Sen. Phil Gramm, R-Texas, would require the president to justify his move to Congress, but would not permit an appeal. The Gramm-Miller plan was written with the help of administration aides and is expected to receive a formal endorsement from President Bush Thursday.

Thursday's vote against cloture will force Republican and Democratic leaders to try to reach an agreement on the procedure for the remaining debate, including the number of amendments and amount of time allotted for each one. Before the vote, Daschle said "it would speak volumes about Republicans' intransigence on homeland security if we fail today."

The Senate is now expected to vote next week on an amendment by Sen. Robert Byrd, D-W.Va., to allow Congress to retain oversight in the implementation of the new department. The Senate also plans to move to debates shortly on amendments to establish an independent commission to examine intelligence failures and to bolster security at chemical plants.