House Republicans face tough sell on FISA petition

House Republicans introduced a discharge petition on controversial electronic surveillance legislation Wednesday, hoping to lure enough Democrats to the petition to force the House to take up a Senate-passed version of the bill.

Republican Rep. Vito Fossella of New York and others began circulating the petition, hoping to get the 218 signatures necessary to force the House to take up the bill. Fossella’s bill is virtually identical to the Senate version of an update to the Foreign Intelligence Surveillance Act.

With the overwhelming majority of the 191 House Republicans expected to sign on to the discharge petition, GOP leaders have been targeting conservative “Blue Dog” Democrats, after 21 of them sent House Speaker Nancy Pelosi (D-Calif.) a letter in January urging her to pass a FISA update, even if it meant voting on the Senate bill.

However, an informal survey of Blue Dogs indicated the discharge petition would be a tough sell.

“I am not going to sign it,” said Rep. Tim Mahoney (D-Fla.) a member of the Blue Dogs. “I just don’t think it is necessary.”

Fellow Blue Dog Rep. Michael Arcuri (D-N.Y.) agreed with Mahoney, saying he would not subvert the rules process by signing the petition.

“I like the House version of FISA better than the Senate bill anyway,” added Arcuri.

The Senate bill contains retroactive immunity for telecom firms, a key sticking point in the ongoing negotiations.

The House passed its own FISA update last month which did not include immunity.

Republicans, however, think the months-long stalemate between Congress and the White House over the issue could force some conservative Democrats to change their minds and sign the petition.

“If they were smart, all of the Blue Dogs would sign it,” said one House Republican leadership aide. “This petition shows separation from Speaker [Pelosi] who’s toxic in their districts and would be the right thing for our national security.”

"I urge the 21 Blue Dog Democrats who have called on Speaker Pelosi to schedule the Senate-passed bill to sign the discharge petition so we can give our intelligence officials every tool they need to protect us," said House Minority Leader John A. Boehner (R-Ohio.).

Several Democratic aides said that they didn’t expect the petition would sway very many members of their caucus.

“Everyone recognizes that this is a political move,” said one House Democratic leadership aide. “Discussions on FISA are continuing, and we hope to reach a deal soon.”

House Majority Leader Steny H. Hoyer said Wednesday he hopes to produce a final version of the FISA update before the Memorial Day recess.