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Legislation News & Report (TM) The Week in Congress .com (TM) The Wednesday Galleys "A Democracy is Only A Democracy When You Participate" February 15, 2008 Edition Volume 5 Number 5 |
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Other Bills and Resolutions This Week +++ U.S. & The World Nothing This Week ---- Managing America +++ Banking & Finance Nothing This Week ---- The Courts D.C. Courts Expanded; ----- Education Energy Nothing This Week Environment and Resources ---- ----- California Water Plan Studied; ----- ----- ----- Government Agencies Public Housing Transition Eased; ---- Health & Safety Nothing This Week Military Nothing This Week Miscellaneous Nothing This Week Native American Matters Nothing This Week Public Land Nothing This Week Taxes ----- Airport Trust Fund Spending Authorized; ----- Veterans Braille Flag for Arlington Visitors; ----- ---- War on Terror ----- Wash State Vets Program Hailed; ---- ----- Haitian's Roll in Revolutionary War Noted; ----- ----- Civil Rights ---- Remembering African-American Inventors; ---- ------ The President President Orders At-Risk Youth Programs; ----- |
Photo: Susan Marten
WHITE HOUSE LOOMS OVER HOUSE / SENATE FISA ACTION
Senate Includes Telecom Immunity Some House Democrats Help Defeat Temporary Extension
(TheWeekInCongress.com) February 14, 2008 - The Senate completed its work on S 2248, voting 68 to 29 to amend the Foreign Intelligence Surveillance Act (FISA) due to expire soon. S 2248 is the Senate version of the House-passed HR 3373 and includes immunity for telecom companies facing civil lawsuits for allegedly providing the government with privacy-protected data on customer's communications. S 2248 is supported by the White House. HR 3373, passed in November 2007, does not contain immunity provisions.
The immunity provided in the Senate bill was included after review of classified documents led to the conclusion that the telecoms acted in good faith based on communications with the government that providing the data was legal. The bill report made clear to the administration that the immunity is not a blanket immunity but a one-time immunity based on extraordinary circumstances brought on by the 911 attacks.
Both bills aim to revise legislation passed last year that favored the President's wishes on the extent of surveillance allowed and the procedure for acquiring warrants from the overseeing FISA Court. That law is due to expire on February 16th.
Should the current FISA law expire, the intelligence community would function under the original 1976 FISA law that was created to curtail abuse of wiretapping laws by the Nixon administration that listened in on the conversations of US citizens without a warrant.
Under the 1976 law agencies would be required to seek a FISA Court warrant before gathering phone and e-mail communications that might involve US citizens and can initiate emergency surveillance without a warrant but must then show cause to the court for a warrant soon thereafter. Should the Court reject the warrant application, the surveillance must be ended. Despite expiration, the surveillance program could continue under current law for another year allowing for surveillance of identified terrorist suspects.
S 2248 was sent to the House where partisan divide defeated another bill to extend the expiration deadline for 21 days to give more time to debate contentious issues. That bill, HR 5349, failed in a 191 to 229 . 34 Democrats joined 195 Republicans to defeat the extension. The President has threatened to veto any further extensions.
The fate of S 2248 / HR 3773 is uncertain. Another attempt at extending the deadline is possible on Friday, February 15th. Any further action on the bill will be updated here as the data becomes available. ## Coverage of the Senate FISA bill began in the Jan 25th edition and continued in the Feb 10th edition.
S 2248 December 2007 report
The issue has a lengthy history: Backgrounder report on FISA history and the White House Actions under dispute. Senator Rockefeller's Comments on S 2248l Changes the Leahy Amendment would make to S 2248l Senator Leahy's Comments on his amendment Senator Feingold's Comments on the Leahy Amendment Senator Hatch's and other's Comments on s2248 and the Leahy Amendment.
Other FISA Bill Reports: S 2271 March 2006 report & HR 3199 March 2006 report on the PATRIOT Act. {Surveillance provisions are in Sections 105 & 106} HR 5825 September 2006 report HR 3556 August 2007 report S 1927 August 2007 report HR 3773 October / November 2007 report HOUSE TAKES AIM AT WHITE HOUSE STAFF FOR NOT RESPONDING TO SUBPOENAS
Miers and Bolten Sought for Testimony, Documents over US Attorney Firings
(TheWeekInCongress.com) February 14, 2008 - Two resolutions would allow the Speaker to certify that former White House Counsel, Harriet Miers and Chief of Staff Joshua Bolten ignored House Judiciary Committee subpoenas (HRES 979) and authorize the Judiciary Committee to take legal action for relief in Federal court. (HRES 980)
HRES 979 recommends that Congress finds Ms Miers and Mr. Bolten in contempt of Congress for ignoring the subpoenas. It also requires the Speaker to certify that Ms. Miers and Mr. Bolten ignored subpoenas allowing for legal action by the Justice Department. An attempt to modify the rule governing debate on HRES 979 with a committee amendment requiring that the Senate FISA bill, S 2248 (HR 3773) be brought to the floor for a vote, failed. An earlier House bill extending the February 16th expiration date for the current FISA law for 21 days failed 191 to 229.
HRES 980 allows the Chairman of the House Judiciary Committee to seek legal relief in Federal court in response to the ignored subpoenas.
The rule governing the debate of HRES 979, HRES 982 came to the floor and faced two Minority motions to adjourn. The Minority attempted to amend the rule in committee and force a vote on the Senate FISA bill but the amendment failed. Passage of HRES 982 automatically adopts HRES 979 and HRES 980. During the consideration of the rule, House Republicans walked off the floor reportedly in protest of HRES 979 and the potential that S 2284 (HR 3773) may not gain floor time. HRES 982 passed the House 223 to 32 with 1 voting 'Present' on February 14, 2008. ##
INTEL AUTHORIZATION CONFERENCE REPORT AGREED TO IN THE SENATE
HR 2082 - The original House bill. S 1538 - The Senate bill that replaced the House bill.
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Bills Improve Indian Healthcare; Increase Ocean Exploration; Reduce Paperwork for Public Housing. Indian Healthcare The bill presents sweeping changes to programs that provide healthcare to Native-Americans, protect against child abuse and treat and prevent drug abuse. Ocean Exploration Acting on recommendations made in 2000 by a Clinton Administration panel, the bill creates an administrative infrastructure to expand ocean and Great Lakes exploration. Public Housing Public Housing Authorities facing conversion to asset management are granted some leeway in spending for administration. Tenant voices are to be heard.
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