By Chris Dally and Greg Vadala, CQ Staff

Next week’s legislative schedule remains in flux as Congress returns, with House action possible on an intelligence authorization conference report and a new energy package while the Senate could consider electronic surveillance legislation and resume work on the farm bill.

A tentative deal on a new energy package would strengthen fuel economy standards and mandate billions of gallons of ethanol and other biofuels to be incorporated into gasoline over the next 13 years.

The agreement, if finalized, would resolve major discrepancies between two energy measures (HR 6 and HR 3221) that have already passed each chamber this year.

If the measure makes it to the House floor by midweek, it could set up action in the Senate by the end of next week.

House floor action is also possible on the intelligence authorization bill (HR 2082), provided that the remaining obstacle — the naming of House conferees — occurs next week.

Negotiations have all but wrapped up on the House and Senate versions of the measure, ensuring quick action once a conference agreement is formalized.

The annual intelligence authorization bill covers the nation’s 16 spy agencies and the Office of the Director of National Intelligence (DNI) and provides Congress an outlet to make policy prescriptions for the intelligence community.

Surveillance and Farm Bill in the Senate

The Senate next week could take up a bill (S 2248) to overhaul the 1978 Foreign Intelligence Surveillance Act (FISA, PL 95-511). One of the major battles is expected to be over the inclusion of language that would provide retroactive legal immunity for telecommunications companies accused of cooperating in warrantless surveillance by the federal government.

The bill is intended to replace a temporary measure that Congress cleared just before the August recess (PL 110-55). That law, set to expire in February, permits the administration to conduct warrantless surveillance of any targets located abroad, even if they are communicating with individuals in the United States.

Like the House-passed measure (HR 3773), the legislation approved by the Judiciary panel does not contain immunity provisions for telecommunications companies. However, the Intelligence Committee approved a version in October with the retroactive immunity included.

When the bill reaches the floor, the Judiciary Committee’s substitute could take the form of an amendment.

The White House has threatened to veto legislation that does not grant retroactive immunity.

The Senate also could turn its attention back the 2007 farm bill (HR 2419) next week. Action on the five-year authorization stalled before the two-week Thanksgiving recess as senators were unable to reach an agreement on a long list of amendments and a time frame for debate. The White House has threatened to veto the $283 billion legislation.