WASHINGTON—The U.S. House of Representatives passed a bill on Friday that could shield phone companies from billions of dollars in lawsuits for their participation in the warrantless surveillance program secretly begun by President George W. Bush after the Sept. 11 attacks.
Drafted by Democratic and Republican negotiators, the White House-backed compromise also would overhaul U.S. spy powers and replace a temporary surveillance law that expired in February.
The Senate is expected to give the bill final approval next week, clearing the way for Bush to sign it into law.
"It will help our intelligence professionals learn our enemies' plans for new attacks," Bush said just hours before the House approved the bill, 293-129.
"It ensures that those companies whose assistance is necessary to protect the country will themselves be protected from liability," the president said.
Democrats faced election-year pressure to pass the bill, fearing failure to do so would let Republicans paint them as weak on security and force them to accept what they saw as a more objectionable Senate version.
Besides providing telecommunication companies with a court review of lawsuits, the House bill would increase judicial and congressional oversight of U.S. intelligence activities and bolster protection of civil liberties -- but not as much as civil liberties groups and a number of Democrats would like.
"No matter how often the opposition calls this bill a 'compromise,' it is not a meaningful compromise, except of our constitutional rights," said Caroline Fredrickson of the American Civil Liberties Union.
Revamp Spy Powers
The U.S. House of Representatives Friday passed a bill that would revamp U.S. spy powers and could shield phone companies from billions of dollars in lawsuits.
Here are some key points of the measure, which the Senate is expected to approve next week and send to President Bush to sign into law.
* Telecommunication companies that participated in the warrantless domestic surveillance program secretly begun by Bush after the Sept. 11 attacks could be shielded from billions of dollars in lawsuits -- if it can be shown that the White House asked them to take part and assured them it was legal.
* Provides no immunity to any government official who may have violated the law.
* Authorizes U.S. intelligence agencies to eavesdrop, without court approval, on foreign targets believed to be outside the United States. Critics complain this allows warrantless surveillance of Americans who communicate with them. The bill contains protections to minimize such eavesdropping but foes say they are inadequate.
* Clarifies that to conduct electronic surveillance of a person in the United States, the government must obtain a warrant from U.S. Foreign Intelligence Surveillance Court.
* In an emergency, the government may authorize surveillance and apply for court approval within seven days.
(Sources: Congressional negotiators, civil liberties groups)
'Scares Me to Death'
"This bill scares me to death," said Democratic Rep. Barbara Lee of California.
But backers defended it as a good compromise.
House Democratic Leader Steny Hoyer, a chief negotiator, said: "This is not the bill I would have written in an ideal world." But, he added, "Together, we have worked to develop a bill that strikes a sound balance."
The bill would not provide the retroactive immunity that Bush had demanded for telecommunication companies that took part in the warrantless spying program he started.
Instead, U.S. district courts would be able to dismiss a suit if there were written certification that the White House asked a company to participate and assured it the program was legal.
Rep. Jerrold Nadler, a New York Democrat, denounced the measure as a sham.
"While the bill purports not to grant immunity ... it is in fact a mere fig leaf that effectively provides a complete legal shield to the companies for the invasions of privacy and illegal activities they may have committed," Nadler charged.
About 40 civil lawsuits have been filed accusing AT&T Inc, Verizon Communications Inc and Sprint Nextel Corp of violating Americans' privacy rights.
Damages could total in the billions of dollars.
Critics charge Bush, in authorizing his spy program, violated the 1978 Foreign Intelligence Surveillance Act which requires the government to get approval from a secret court to conduct electronic surveillance on foreign targets in the United States.
Critics also complain millions of law-abiding Americans who had contact with foreigners were swept up in the surveillance, and that new provisions to minimize this are inadequate.
The president maintains he acted legally, saying he had the wartime power to authorize the program. But he put it under FISA jurisdiction in January 2007. Terms remain secret.
The House-passed bill requires FISA approval of U.S. procedures to monitor the phone calls and e-mails of enemy targets and directs inspectors general of a number of federal agencies to review the surveillance and report to Congress.
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