TWICJAN2508

(TheWeekInCongress.com) January 24, 2008 - The Senate returned to consideration of S 2248, a bill to modify and extend, beyond its February 1, 2008 expiration date, a six year authorization for the Foreign Intelligence Surveillance Act (FISA).

Passage faces opposition centered on provisions in the bill that would grant one-time immunity to phone companies and other telecom providers from lawsuits claiming the companies violated privacy rights when providing information to the Federal government on the phone and internet activities of many Americans.

FISA is a 1976 program that allowed such surveillance but limited it to communications between individuals in foreign countries and prohibited surveillance of communications in the US. In response to requests, with and without documentation, from the government after 9-11, phone companies and Internet providers allegedly provided access to extensive numbers of communications originating in the US. Reportedly, numerous lawsuits have been filed against those companies that would face enormous settlements should the claimants prevail in court.

The bill report notes that the government has intervened in the suits with the claim that information supporting the claimants and even the identification of the telecom companies are protected under state secrets provisions raising the question of whether the suits can move forward because critical evidence cannot be produced.

The bill report concludes that the telecom companies acted in good faith, relying on the validity of the requests as put forth by the government and so should be immune from the suits. The report also makes the point to the administration is that this immunity is a one-time matter under extraordinary circumstances and should not be taken as authorization for future surveillance requests.

Although the bill increases congressional oversight of the program and further defines requirements for seeking a warrant from the FISA Court, opposition holds that providing such immunity will allow for the same behavior in the future. The Senate will consider an amendment offered by Senator Patrick Leahy (D-VT), that opposes the immunity and adds privacy protections for Americans.

Senator Leahy holds that the issue of immunity is one that does not need immediate attention, that years will pass as suits are scheduled and the Supreme Court will likely hear appeals. One prevailing view of the opposition to the underlying bill and the Leahy amendment is that the claimants should 'have their day in court' by removing the telecom defendants from the suits and substituting the US government as the defendant.

The Leahy substitute amendment was tabled in a 60 to 34 vote.

Senator Rockefeller's Comments on the Bill

Changes the Leahy Amendment would make to the bill

Senator Leahy's Comments on his amendment

Senator Feingold's Comments on the Leahy Amendment

Senator Hatch's and other's Comments on the bill and the Leahy Amendment.

The issue has a lengthy history:

Backgrounder report on FISA history and the White House Actions under dispute.

S 2248 December 2007 report

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

SENATE BEEFS UP INDIAN HEALTH CARE

The Bill Aims to Improve Facilities and Programs.

Seeks Native American Input

(TheWeekInCongress.com) January 23, 2008 - The Senate took on a bill to spend $35 billion over the next ten years to improve and increase healthcare facilities and programs for Native Americans, urban Indian organizations and native Alaskans and adds funds to build water and sanitation facilities and improve existing facilities.

The bill emphasizes participation from the Indian community to set priorities and goals.

Photo: Kabir Baki

Scholarship and bonus programs are expanded to draw healthcare professionals at most levels to serve in the Indian Health Program, and train nurses and aids. Recipients are to be trained in cultural orientation and history education of the tribes. The bill increases psychological services programs as well as alcohol and substance abuse needs. A demonstration project focused on Indian youth would provide 'telemental' services for Indian youth suicide prevention, intervention and treatment. Another demonstration project would assess home and community-based care to include hospice care, assisted living and long-term-care.

The bill report notes that Indian health began to deteriorate from contact with European colonists and further declined with each displacement and resettlement, the program illuminates that Indian land and tribal autonomy is a federal trust issue as so is Indian health care. Health care responsibilities of the Federal government increased over the years through treaties between the US government and the Tribes.

Other programs would expand mammography testing to Indian women younger than age 35 and improve ongoing diabetes monitoring and treatment.

S 1200

SCHIP'S LONG, STRANGE TRIP

House fails to Muster Two-Thirds Vote

(TheWeekInCongress.com) January 23, 2007- The President's second veto of the House/Senate-passed State Children's Health Insurance Program held against a House override vote of 260 to 152. The override required 275 votes to succeed.

SCHIP provides federally funded health insurance for children whose parents earn too much to qualify for Medicaid and too little to afford private health insurance.

The bill, HR 3963, was the most recent of several bills, none of which satisfied the President's limitations on spending and concerns that private insurers would be forced out of the market if SCHIP expands. The effort began with a House bill that was agreed to but never moved beyond the House floor. The bill was resisted due to its authorization of coverage for children of parents earning around $83,000 or 400% over the poverty level.

The Senate produced S 1893 and sent that bill to the House after removing the text of HR 976, a bill providing tax breaks to small businesses to help them deal with the recently passed minimum wage increases (Those tax breaks were later addressed in other legislation). Both bills aimed to cover six million more children bringing the program to 10 million covered. Both paid for the $35 billion increase with a tax increase on cigarette and tobacco products.

S 1893 became HR 976 and was agreed to by the House but was also vetoed by the President. The House then produced HR 3963 with compromises it believed the President would accept. The President vetoed HR 3963.

After the veto on HR 3963 and before this veto override vote, Congress passed and the President signed a bill that would continue to fund SCHIP at current levels through the first quarter of 2009. the program would provide insurance to approximately 4.5 million children.

Bill Text:

HR 976 Report

S 1893 Report

HR 3963 Report

SENATE AGREES TO DEFENSE AUTHORIZATION COMPROMISE

The Senate voted 91 to 3 to agree with HR 4986, the Defense Authorization bill passed by the House last week. HR 4986 replaced the original bill, HR 1585 with a modification of Section 1083 that provided aggrieved US citizens the opportunity to sue Iraq for harm done during the regime of Saddam Hussein. The President held that the provision could threaten assets of the current Iraq regime. Iraq officials have threatened to remove assets from US banks should the provision pass.

Hr 4986 is a version of HR 1585 with Section 1083 revised to allow a presidential waiver of that section and a change that will "make make retroactive the pay increases and many benefit improvements provided for the military servicemembers as well as their families."

{More on the President's reasons for rejecting the bill and the legal questions his veto raised can be read at TheWeekInCongress.com January 18th edition, frontpage.}

The Conference Report for the authorization bill passed the House 370 to 59 and the Senate 90 to 3 in December 2007. The House voted 369 to 46 to modify the bill as the President required.

{HR 1585 as passed by House and Senate with votes}

{Senate Amendments to HR 1585}

Bills Transfer Public Housing; Revise Flood Insurance Subsidies; Require Reports on Prisoner Deaths; Increase Inspection of Highway Tunnels; and Improve mental Health Care for Prisoners.

Housing Rehab

Current owners of public housing projects are authorized to sell their interests in the properties.

HR 3873

Flood Insurance

Congress continues to limit subsidies for Flood Insurance-covered dwellings with the aim of reducing the program's costs.

HR 3959

Prisoner Deaths

State law enforcement grants could be cut by 10% if a State does not report information on deaths of persons in custody.

HR 3971

Highway Tunnel Inspection

Federal bridge inspectors would be trained to inspect tunnels as well.

HR 409

Prisoner Mental Health

300,000 prisoners suffer from mental illness and correctional facilities do not prioritize treatment before returning them to the community.

HR 3992

HOUSE & SENATE SCHEDULE

The House completed its legislative business for the week, will return on Monday, January 28th and 29th and then adjourn until February 5th. Democrat and Republican members will be attending party retreats.

The Senate, too, may conduct short weeks until the week of February 4th.

Further votes on FISA will be held on Jan. 28th