FISA Up Next Week

After days of negotiations over how to proceed with a bill to revise to the Foreign Intelligence Surveillance Act (FISA), CQ ($$) has reported that the Senate will now vote next week with two days of debate after coming to an agreement as far as which amendments to allow. Meanwhile, allowing Congress more time, President Bush has passed a 15 day extension (until Feb. 16) of the Protect America Act. It is questionable whether the more contentious amendments will pass, because some will need a 60 vote threshold. Those addressing retroactive immunity for companies being sued for assisting the administration with the warrantless surveillance program will face a particular battle. Another [Senator Russ] Feingold [D-WI] amendment would require the attorney general and the director of National Intelligence to certify that the tapping of communications is limited to those involving at least one specific individual target outside the United States, with the "significant purpose" of obtaining foreign intelligence information. A second [Senator Dianne] Feinstein [D-CA] amendment would seek to establish that FISA is the exclusive means for conducting electronic surveillance. A measure by Benjamin L. Cardin, D-Md., would sunset the bill after four years, instead of six years, as currently written. The Feinstein and Cardin amendments would have to meet the 60-vote threshold. Republicans pressed for the threshold to head off any amendments that would significantly change the bill, which was negotiated with the White House.
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