Oct. 18, 2007 – 10:32 p.m.
The Senate Intelligence Committee approved legislation Thursday permitting warrantless surveillance of international calls that may involve U.S. citizens, while granting a special court authority to review several aspects of such spying.
The bill, approved 13-2, also would give retroactive legal immunity to private sector companies alleged to have participated in the National Security Agency’s warrantless surveillance program. The shield would cover actions that took place after Sept. 11, 2001, up to when the program was placed this year under the authority of the court created by the Foreign Intelligence Surveillance Act, or FISA (PL 95-511).
Senate Majority Leader
The two votes against the bill in the Intelligence Committee were cast by
Several details of the markup were not disclosed by the panel. But Chairman
Rockefeller said the goal of the bill is to protect the civil liberties and privacy of U.S. citizens while also ensuring national security.
“It does not do any of those things absolutely perfectly, but it does them the best it can do,” he said.
The FISA court would have to approve several aspects of warrantless surveillance of targets reasonably believed to be outside the United States, such as the targeting procedures used, according to Rockefeller and Bond.
The legislation had the support of the White House. Even after the adoption of amendments that the director of National Intelligence opposed, the senators said they were confident it could keep the Bush administration’s support with some technical modifications.
The bill could encounter resistance from the Judiciary Committee, which expects a referral, although no markup as been scheduled there yet.
Chairman
Leahy said early Thursday he feared that the White House was putting pressure on the Intelligence panel and that the committee “could cave on this.” He said it appeared that the administration was lobbying so intensely “because they know that it was illegal conduct and that there is no saving grace for the president to say, ‘Well, I was acting with authority.’ ”
Rockefeller, though, said, “The companies have made a very strong case.” He said that “if not for these companies, there is no way we could conduct surveillance.”
Reid and Majority Whip
Even if both committees approve the bill, it must overcome Dodd’s efforts to block floor consideration.
“I said that I would do everything I could to stop this bill from passing, and I have,” Dodd said in a statement.
The House version of the bill (
Majority Leader
“We think we have the votes,” Hoyer said, adding he has spoken with Reid, “and, frankly, I think we are in agreement on how we’re going to proceed.”
The House bill does not provide retroactive legal immunity. It would allow the administration to apply for so-called “basket” warrants from the FISA court as a way of monitoring multiple targets at once, then would add layers of court and congressional oversight in an attempt to ensure that the civil liberties of U.S. citizens were not violated.
Republicans said the bill would place too many limitations on the intelligence community’s attempts to monitor terrorist communications. The administration also opposes the House version, and President Bush has threatened to veto it.
Kathleen Hunter and Bart Jansen contributed to this story.


