House OKs warrantless-wiretap rules

WASHINGTON — The House approved a bill Thursday that would grant legal status to President Bush's warrantless-wiretapping program with new restrictions.

The Senate could vote on a similar bill before Congress recesses at the end of the week, but leaders concede that differences between the versions are so significant they cannot reconcile them into a final bill that can be delivered to Bush before the Nov. 7 congressional elections.

Shortly after the Sept. 11 attacks, Bush secretly ordered the National Security Agency to monitor the international telephone conversations and e-mails of U.S. citizens without court warrants while in pursuit of suspected terrorists.

The program was publicly disclosed last December, prompting critics to charge Bush violated the 1978 Foreign Intelligence Surveillance Act (FISA), which requires warrants for all electronic eavesdropping in the U.S.

A federal judge in Detroit last month declared the program unconstitutional. Bush appealed. The case is expected to end up in the U.S. Supreme Court. The new legislation, if it becomes law, would likely be challenged in court as well.

U.S. Judge Anna Diggs Taylor, who struck down the warrantless-surveillance program, yesterday turned aside a government request for an indefinite stay, and gave the government a week to appeal.

The bill, sponsored by Rep. Heather Wilson, R-N.M., gives legal status under certain conditions to warrantless wiretapping of calls and e-mails between people on U.S. soil and those in other countries.

The president would be permitted to do so, for example, after an "armed attack," "terrorist attack" or when the president deems there is an "imminent threat."

The House measure would authorize the president to order surveillance for up to 90 days after a "terrorist attack" — if there is a reasonable belief that the target is communicating with a terrorist group. The president could submit subsequent certifications to congressional intelligence committees and a judge to get an additional 90 days.

The measure would also allow a president to order electronic surveillance for up to 90 days following an "armed attack." Current law allows such action for 15 days and after a congressional declaration of war.

In addition, the president would be permitted to authorize for up to 90 days warrantless electronic surveillance upon determining there is an "imminent threat of attack." The president could submit unlimited subsequent certifications to extend the warrantless action.

Backers contend the legislation would bolster congressional oversight and protect civil liberties. Critics charge it would expand presidential powers and further threaten the rights of law-abiding Americans.

The White House announced it strongly supported passage of the House version but wasn't satisfied with it, adding that the administration "looks forward to working with Congress to strengthen the bill as it moves through the legislative process."

Republicans called the vote on the wiretapping program a test before the election of whether Democrats want to fight or coddle terrorists.

"The Democrats' irrational opposition to strong national-security policies that help keep our nation secure should be of great concern to the American people," Majority Leader John Boehner, R-Ohio, said in a statement after the bill passed 232-191. Washington's congressional delegation voted along party lines.