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Last summer, under pressure from the Bush administration, Congress passed a law expanding the government's wiretapping powers. It's due to expire a week from tomorrow. Now, the pressure is on lawmakers to enact a longer-lasting revision of the Foreign Intelligence Surveillance Act, or FISA. President Bush wants legal immunity for phone companies that collaborated in warrantless wiretapping. He says he won't sign the bill without it. In a key test vote today, the Senate showed it's inclined to give him what he wants.
NPR's David Welna has this report.
DAVID WELNA: When Congress passed the so-called Protect America Act last August, it put a six-month sunset on that legislation. Leaders vowed, in the meantime, they'd come up with a new electronic surveillance law with better protections for civil liberties. Well, those six months are almost up. And while the House has passed a revised FISA law, the Senate has not. Majority Leader Harry Reid says he could use another 30 days.
Senator HARRY REID (Democrat, Nevada; Majority Leader): As I've indicated, I sent a letter to the president asking for brief extension. I've heard from many sources that's not going to be granted. Senate will work as quickly as we can. But I think it's going to be very difficult for both houses to negotiate and pass a final bill prior to the February 1st expiration date. But that's what we have to do and so we have no alternative.
WELNA: The Senate has had to deal with two competing bills. The intelligence committee's version provides immunity for phone companies. The judiciary committee's bill does not. Because the intelligence committee acted first, its bill is on the Senate floor. And it's what that panel's top Republican, Kit Bond, says the country needs to be safe.
Senator KIT BOND (Republican, Missouri): If we attempt to change key painstakingly constructed provisions, or to add back bad provisions, however, we could hinder the intelligence community's ability to do its job and thus, jeopardize the DNI's support for this bill and the chances of it becoming law.
WELNA: Wisconsin Democrat Russ Feingold sharply disagrees. He says the judiciary panel's bill does a far better job of protecting civil liberties than the one approved by the intelligence panel.
Senator RUSS FEINGOLD (Democrat, Wisconsin): The differences between these two bills have nothing to do with our ability to combat terrorism. They have everything to do with insuring that the executive branch follows the rule of law and doesn't unnecessarily listen in on the private communications of Americans who are doing absolutely nothing wrong.
WELNA: Some 40 lawsuits accuse U.S. phone companies of having violated privacy by facilitating warrantless wiretaps. Senate Democrats are divided over whether they deserve immunity. Intelligence committee chairman Jay Rockefeller argues those companies should not be blamed for helping the government.
Senator JAY ROCKEFELLER (Democrat, West Virginia): They did because they were told so by the highest authorities in the land. And they did so because I believe it is possible to say that there are a lot of big corporations that are very patriotic.
WELNA: Still, one phone company, Quest, refused to go along with the warrantless wiretapping. Florida Democrat Bill Nelson, as a member of the intelligence panel, has seen the classified documents requesting the phone company's cooperation.
Senator BILL NELSON (Democrat, Florida): I'm not sure that the telecommunications companies were tending to their knitting as to whether or not they were getting legal orders from the United States government.
WELNA: Still, the intelligence committee's immunity provision will likely prevail since, today, the Senate voted 60 to 34 to shelve the judiciary panel's immunity-free FISA update. The House bill has no immunity provision. And it's not clear the two chambers can sort out their differences before the current legislation sunsets next Friday.
David Welna, NPR News, the Capitol.