SpyTalk

The Senate, having stripped amendments holding telecom companies liable for participating in the Bush administration's warrantless electronic intercepts, has voted to end a cantankerous, three-year long debate over expanding the limits of eavesdropping on Americans' e-mail and telephone calls.

The measure ending Senate debate on an overhaul of the Foreign Intelligence Surveillance Act, or FISA, passed by a 72 to 26 margin.

CQ's Tim Starks reports from the Senate:

The bill gives telecommunications companies immunity if a federal district court determined they received assurances from the government that the program was legal and authorized by the president. According to a Senate Intelligence Committee report, they did receive such assurances.

An amendment offered by Democratic Sens. Russ Feingold of Wisconsin, Christopher S. Dodd of Connecticut and Patrick J. Leahy of Vermont, that would have stripped the bill's retroactive legal immunity provisions fell, 32-66.

The Senate also defeated 37-61 an amendment by Arlen Specter, R-Pa., which stated that the federal district court would not determine whether the government assured the companies that the program was legal and authorized, but instead review the constitutionality of the president's program before the suits could be dismissed.

Specter said his amendment would have ensured court scrutiny of a program on which few members of Congress have been briefed.

An amendment offered by Jeff Bingaman, D-N.M., also was defeated 42-56. It would have stayed all pending lawsuits until 90 days after Congress receives a report, required by the bill, by inspectors general on the president's surveillance program.

It would have given Congress a chance to decide on immunity based on a third-party review. If lawmakers took no action within 90 days, the provisions would go into effect.

The administration opposes all three amendments, maintaining that any provision that jeopardizes or delays retroactive legal immunity threatens future private sector cooperation with spying programs. Administration officials have said Bush would veto any bill that includes the amendments.

Senate Minority Leader Mitch McConnell, D-Ky., said the current immunity provisions represent a bipartisan deal that would speed legislation to Bush's desk before broad surveillance orders issued under a temporary spying law (PL 110-55) begin to fall away in August.