Retroactive immunity for phone companies is a priority that House...

provision, a course pushed by Republicans and conservative Democrats. “We are already losing capability due to the failure to address liability protection,” Director of National Intelligence Mike McConnell said in a Washington Post op-ed Friday, citing a Senate Intelligence Committee report. S-2248 would extend the current law, set to expire Saturday, but House Republicans fought off efforts to pass a similar bill (CD Feb14 p2). The White House said it would oppose any extension, a strategy aimed at forcing Democrats to yield on immunity, Hill sources said. Opinions differ on whether expiration imperils spy work. The current law, passed in August 2007, temporarily revised the underlying Foreign Intelligence Surveillance Act. That becomes the law of the land if no deal emerges before Saturday. Democratic leaders, who oppose retroactive immunity for carriers, say Republicans try to scare people by claiming that intelligence efforts are hurt until immunity is enacted. “Fortunately, this law’s expiration does not threaten the safety of Americans,” said Senate Majority Leader Harry Reid, D-Nev. “Existing surveillance orders are very broad and remain in effect for one year, and the 1978 FISA law itself remains in effect should new surveillance orders for some reason be necessary.” House Speaker Nancy Pelosi, D-Calif., blamed Bush for the law’s expiration. “Having guaranteed the lapse of the August law, the President should now work in a cooperative way with Congress to pass a strong FISA modernization bill,” she said.