Looks like they'll get away with it....
Preliminary reports indicate that key players have reached a deal regarding amending the Foreign Intelligence Surveillance Act, with a vote to be held on Friday. Here is the proposed language (and a very quick summary).
The Wall Street Journal characterized the agreement as expanding the government’s spying authority within the U.S. and dismissing lawsuits against telecommunications companies that spied on Americans without court authorization. According to Salon, the dismissals would require the Attorney General’s certification to a federal court that the President authorized the eavesdropping in connection with a possible terrorist attack and that there was a written presidential request authorizing the surveillance that asserted it was lawful.
Here are additional resources from ACS on FISA .