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Reid says Senate will vote on FISA after recess
By Chris Strohm, CongressDaily   06/30/08

Unable to clear procedural hurdles, the Senate will hold off voting on legislation revising the Foreign Intelligence Surveillance Act until after the Independence Day recess, Senate Majority Leader Reid said late Thursday.

Comment on this article in The Forum.Reid said the Senate would vote on amendments to the FISA bill July 8, including one to strip a provision in the bill giving telecommunications companies legal protection for participating in the National Security Agency’s warrantless electronic surveillance program.

The Bush administration threatened Thursday to veto the bill if the Senate amends it.

In a letter to Reid, Attorney General Mukasey and Director of National Intelligence Mike McConnell said the bill is “a carefully crafted, bipartisan compromise negotiated in good faith by both sides over the course of several months. “Accordingly, if any amendment that would jeopardize the authorities and protections contained in this bipartisan compromise were to succeed, we, as well as the president’s other senior advisors, will recommend that he veto the bill.”

Although the bill is expected to pass, the Senate was unable to finish work on it before the recess due to objections by Democratic senators who oppose shielding the telecoms from lawsuits.

Sens. Christopher Dodd, D-Conn., and Russell Feingold, D-Wis., two of the most ardent opponents of the bill, have offered an amendment that would strike a provision requiring a federal district court to dismiss lawsuits against the companies if they show that they received written directives from the administration that the warrantless surveillance program was legal and authorized by the president.

Critics point out that such directives were given to the telecoms, which means dozens of lawsuits against them are sure to be dismissed.

Reid said an amendment from Senate Judiciary ranking member Arlen Specter will be considered. It would require district courts to determine the constitutionality of the administration’s warrantless surveillance program before granting immunity to companies.

The Senate will vote on a third amendment, offered by Sen. Jeff Bingaman, D-N.M., Reid said. It would stay pending cases against the telecoms and delay the effective date of any immunity provisions until 90 days after Congress received a report from the inspectors general of the intelligence agencies on the warrantless surveillance program.


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