Dateline: 11/13/02

In his opening prayer, Senate Chaplain Lloyd John Ogilvie yesterday sought divine guidance in "enabling this lame-duck session to soar like an eagle." And, soar it must if lawmakers are to complete the agenda set for them by President Bush.

Except for Minnesota's temporary Senator, Dean Barkley and Missouri Republican Sen. Jim Talent, lawmakers elected to Congress on Nov. 5 will not be sworn in until January, leaving final votes on critical spending and homeland security bills up to several lame-ducks who will not be returning in the next (108th) Congress.

Barkley, who has declared he will vote as an independent, was appointed by Minnesota's independent Gov. Jesse Ventura to serve out the rest of term of Sen. Paul Wellstone, killed on Oct. 25 in a plane crash.

Talent will be sworn in later this month after defeating Democrat Jean Carnahan on Nov. 5. Carnahan had been appointed to her seat in place of her husband the late Mel Carnahan, who was elected to the Senate in 2000 despite his death in a plane crash near the end of the campaign.

Democrats Still In Temporary Control of Senate
By remaining an independent, Minnesota's Barkley gives the Democrats a temporary majority in the Senate. Until Missouri's Republican senator-elect Jim Talent is sworn in later in November, the Senate will be made up of 49 Democrats, 49 Republicans and two independents -- Barkley and Sen. Sen. James Jeffords of Vermont. Jefford's tendency to vote with the Democrats gives them the tenuous and temporary one-vote margin, which will be lost with the swearing in of Republican Talent.

Long Agenda for a Short Session
No matter who votes how, President Bush hopes to see a lot of legislation come from lawmakers, who hope to adjourn the lame-duck session by Christmas. Here's the proposed program:

• Department of Homeland Security Bill
  The Department of National Homeland Security Act of 2001 proposed by President Bush would merge all or parts of 22 existing federal agencies into a single, Cabinet-level homeland security agency. Debated off-and-on by Congress since June, the bill ran into trouble when lawmakers disagreed with the White House over the labor rights of the some 170,000 federal employees affected by it.  Democrats want the workers to retain their collective bargaining rights, while President Bush demands the power to transfer, demote or fire workers for reasons of national security.
  
  Late Tuesday, the White House announced that a compromise had been reached that should allow final passage of the bill by the end of the week.
  
  
• The Federal Budget for FY 2003
  The annual federal budget process requires Congress to pass 13 spending bills, only two of which have been completed so far. As an alternative to passing the spending bills, Congress may choose to pass another Continuing Resolution, allowing spending to continue at 2002 levels until January. The Continuing Resolution would both prevent a government shutdown and leave the new 108th Congress to deal with both the 2003 and 2004 federal budgets.
  
  
• Terrorism Insurance
  The Terrorism Risk Insurance Act of 2002 would provide $100 billion to insurance companies to cover any claims resulting from future terrorist attacks. The bill ran into opposition from Republicans in the House who say it needs to do more to prevent frivolous and fraudulent lawsuits. The insurance industry backs the bill.
  
  
• Judicial Nominations
  Several of President Bush's nominations to fill vacant federal judgeships are being held up in the Senate. Bush wants the Senate to act on these during the lame-duck session. In addition, he has asked for legislation to streamline the judicial appointment process by requiring the Senate to hold hearings on nominees with 90 days and to act on those nominations within 180 days. There are currently no time limits.
  
  
• Energy Policy Bill
  The Securing America's Future Energy Act of 2001 would enact President Bush's national energy policy, designed to reduce the nation's dependence on foreign oil, reduce air pollution by promoting the use of gasoline with ethanol. Bush has also asked Congress to approve parts of the bill that would open the Arctic National Wildlife Refuge to oil and gas production.