Surveillance Bill Extension Fails in the House
February 13th, 2008Republicans, liberal and Blue Dog Democrats stopped an effort by the United States House of Representative’s Democratic leadership Wednesday to extend the surveillance bill for 21 days. So unless the House comes up with a compromise in the next day and a half, it will expire on Friday.
According to the TPMMucraker, Congressional Quarterly and other sources, the Republicans wanted to help the administration put the squeeze on the Democrats to pass the Senate’s version of the FISA bill. The liberal Democrats, such as Rush Holt, D-N.J., and Dennis Kucinich, D-Ohio, because they opposed the Protect America Act in the first place. And the few Blue Dogs such as Leonard Boswell, D-Ind., and Collin Peterson, D-Fla., don’t want any more delay on the issue, apparently.
On Thursday, either the House Democrats will fold and the administration will get its prized retroactive immunity for the telecoms, or the bill will expire and leave the executive branch without legal authorization to continue the spying program.
But legal experts say the implications of any expiration are not as dramatic as portrayed by the president Wednesday morning.. Any spying orders already in place would stay in place long after a temporary law dies on Feb. 16. At the same time, most experts agree that the administration would have to go back to the Foreign Intelligence Surveillance Act for new warrants in cases where foreign-to-foreign communications are routed through the United States’ telecommunications infrastructure. That poses little immediate threat, they say, but if a backlog of warrant applications were to build, as happened last summer, it could begin to cause problems.
It will not be a crisis, according to House Speaker Nanci Pelosi, D-Calif. She issued the following statement later Wednesday afternoon.
All Members of Congress fully understand and support our responsibility to protect the American people and the need for the President, the Congress, and policymakers to have the best possible intelligence to fight terrorism.
On Friday, a surveillance law insisted upon by the President last August will expire. Today, an overwhelming majority of House Democrats voted to extend that law for three weeks so that agreement could be reached with the Senate on a better version of that law. The President and House Republicans refused to support the extension and therefore will bear the responsibility should any adverse national consequences result.
However, even if the Protect America Act expires later this week, the American people can be confident that our country remains safe and strong. Every order entered under the law can remain in effect for 12 months from the date it was issued.
Furthermore, the underlying Foreign Intelligence Surveillance Act, which provides for the surveillance of terrorists and provides that in emergencies surveillance can begin without warrant, remains intact and available to our intelligence agencies. Unlike last August, the FISA court has no backlog of cases, and thus can issue necessary court orders for surveillance immediately.
House Judiciary Committee Chairman John Conyers, Jr., D-Mich, made the following remarks on the House floor earlier in support of a bill to extend the Protect America Act for an additional 21 days.
The temporary FISA law we enacted in haste as a stop-gap last August expires Saturday. We want to replace that law with a well-considered one, which appropriately addresses both our security needs and our constitutional values.
The House passed a version of that well-considered law in November – the RESTORE Act. We have been waiting for the Senate to pass its version, so that we could compare it with our version and decide together on the best course of action.
We have also been waiting on access to classified documents regarding what telecom companies may have done in recent years to assist the government with surveillance on U.S. citizens outside the bounds of the law at the time.
The 15-day extension we passed two weeks ago was intended to give us time to consider the Senate bill, thought to be on the verge of passing, and to review the classified documents. Unfortunately, it has turned out not to be enough time.
Judiciary Committee members – only some, not all – just began getting effective access to the classified documents on January 29, after we had been asking for over one year. And the review process is unavoidably somewhat cumbersome and inefficient. Even today, as I stated in my letter to the White House, we still do not have access to numerous critical legal documents.
Moreover, the Senate has just passed its version of a long-term surveillance law. It differs from the House version, in ways that may have major ramifications for the freedoms we cherish.
So we need a bit more time. This bill will give us three weeks – not much time, in the view of some. But enough, I hope, to permit us to reach an appropriate resolution on this matter of utmost importance.

