On Aug. 6, 2007, Bush signed the Protect America Act of 2007 (PAA), granting the government the authority to wiretap anyone, including U.S. citizens, without any court approval as long as the "target" of the surveillance is located outside the U.S.
In October 2007, in response to concerns about the overly broad authorities of the PAA, the Senate Intelligence Committee passed the FISA Amendments Act of 2007 (S. 2248), which included provisions that would provide immunity for telecommunications companies that participated in the administration's warrantless wiretapping program. The following month, the Senate Judiciary Committee passed a different version of the FISA Amendments Act without the immunity provisions.
Senate Majority Leader Harry Reid (D-NV) chose to consider the Intelligence Committee version on the floor but to allow a number of amendments, including proposals to strip telecom immunity and other changes seeking to improve the bill. Last week, Reid reached a compromise with several members who were threatening a filibuster. Five amendments will be considered, each requiring at least 51 votes to pass:
- Sens. Chris Dodd (D-CT) and Russ Feingold's (D-WI) amendment to strike telcom immunity
- Feingold's amendment to prohibit the use of illegally obtained information
- Feingold's amendment to limit bulk collection of intelligence
- Feingold's amendment to prohibit targeting foreigners with the purpose of collecting information on American citizens.
- Sens. Arlen Specter (R-PA) and Sheldon Whitehouse's (D-RI) amendment to substitute the government as the defendant in suits against telecommunications companies for allegedly participating in illegal surveillance
Four other amendments will also be considered that will require a supermajority of 60 votes:
- Whitehouse's amendment to increase oversight of the intelligence community's minimization procedures
- Sen. Ben Cardin's (D-MD) amendment to decrease the sunset of the bill from six to four years
- Sen. Dianne Feinstein's (D-CA) amendment that states that FISA is the exclusive means of conducting electronic surveillance
- Feinstein and Sen. Bill Nelson's (D-FL) amendment to move lawsuits against telecommunications companies to the Foreign Intelligence Surveillance Court
Voting and debate is expected to continue the week of Feb. 4 and perhaps into the coming weeks. The Senate may pass a 30-day extension in the meantime, but Bush opposes that option.