The date the S.E.C. selected may come just as Congress is beginning a rare post-election session.
But some lawmakers said they thought Mr. Barofsky would move through the process quickly in their post-election session.
There was little immediate reaction to his letter in Congress, which has been rushing to finish work on many matters in the post-election session.
With no guarantee that members would return for a lame-duck, post-election session, officials said they expected a resolution of support before adjournment.
Last week, Republicans and the White House continued to battle over several ideological provisions and Congress was forced into a rare post-election session.
With a desultory post-election session wrapping up less than three weeks before the new Congress meets, there were only modest efforts at assessing the 106th.
So will dealing with the boisterously disruptive tactics of Law and Justice, which raised so many procedural objections that it forced the first post-election session of parliament into recess.
Why is it so difficult to pass decent policy?South Carolina Sen. Jim DeMint warned Monday evening that he would block all legislation that has not been cleared by his office in the final days of the pre-election session.
Republicans have little incentive to co-operate during the post-election session, knowing they will have far more leverage in January, when the newly-elected members take their seats.
If the bill is not approved in the next four or five weeks, it would have to be either taken up in a lame-duck, post-election session -- a prospect detested by most members -- or delayed until next year's Congress.
Senator Graham says he is determined to pass legislation creating the commission before Congress adjourns, and Senator Shelby agrees that it could be approved in the coming post-election session.
