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Dead Constitution See other Dead Constitution Articles Title: Procedural Talks Threaten to Push Off Senate Consideration of FISA Bill Procedural Talks Threaten to Push Off Senate Consideration of FISA Bill By Tim Starks, CQ Staff Senate leaders continued to negotiate behind the scenes Wednesday on floor procedures for a long-term overhaul of the rules governing electronic surveillance, threatening to further delay the bill. Despite declarations Tuesday and Wednesday from Republican and Democratic leaders that the two sides were “close,” a deal governing the procedures for considering legislation (S 2248) overhauling the Foreign Intelligence Surveillance Act (FISA, PL 95-511) failed to emerge. “We thought we had it worked out,” Majority Leader Harry Reid, D-Nev., told the Senate late Wednesday. “It became unworked.” Senators traded offers and counteroffers throughout Wednesday. Disputes have centered on which amendments could be offered and whether to require a simple majority or 60 votes for their adoption, aides from both parties said. “Lots of moving parts and even more actors,” said one Democratic aide. Congress sent President Bush a bill (HR 5104) this week that would extend until Feb. 16 a short-term surveillance law (PL 110-55) that authorized sweeping executive branch spying powers, and the White House said Bush would sign it. With other issues on the Senate agenda, the long-term spying bill could slip to next week. The six-year bill would authorize warrantless surveillance of foreign targets even if they were communicating with someone in the United States, but require the secret FISA court to approve aspects of how that spying is conducted. It would grant retroactive legal immunity to companies being sued for their alleged participation in the National Security Agency’s warrantless surveillance program. Planned Amendments Several of the amendments would deal with the immunity provision. One, planned by Democrats Christopher J. Dodd of Connecticut and Russ Feingold of Wisconsin, would strip it entirely. Another, by Arlen Specter, R-Pa., and Sheldon Whitehouse, D-R.I., would substitute the federal government as the defendant in the lawsuits. An amendment by Benjamin L. Cardin, D-Md., along with the sponsor of the bill, Intelligence Chairman John D. Rockefeller IV, D-W.Va., would sunset the bill after four years instead of six. Judiciary Chairman Patrick J. Leahy, D-Vt., said he would like to revive provisions from his committee’s substitute amendment to the bill, which left out retroactive immunity and placed more restrictions on spying. That amendment was defeated last week, 60-36, on a motion to table. Republicans, meanwhile, urged Democrats to act soon. “There is no reason why we cannot pass this bill,” said Christopher S. Bond, R-Mo., vice chairman of the Intelligence panel and a cosponsor. Catharine Richert contributed to this story.
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#1. To: aristeides (#0)
"It does not take a majority to prevail, but rather an irate, tireless minority, keen on setting brush fires of freedom in the minds of men." -- Samuel Adams (1722-1803)‡
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