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House OKs update of bipartisan spy law

Bill would allow U.S. to eavesdrop without court warrant

By Sean Lengell (Contact) | Saturday, June 21, 2008

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The House put aside more than a year of partisan wrangling Friday and approved an update of the nation's foreign surveillance laws, despite calls from civil libertarians and some lawmakers it doesn't go far enough to protect privacy rights of Americans.

The bill, which the White House endorsed, now heads to the Senate, where it is expected to pass next week.

The bipartisan measure would modernize the 30-year-old Foreign Intelligence Surveillance Act (FISA), allowing U.S. intelligence agencies to eavesdrop, without court approval, on foreign targets thought to be outside the United States. It also provides certain retroactive immunity from lawsuits to telephone companies that participated in a post-Sept. 11 surveillance program that operated outside court review.

The measure passed by a vote of 293-129. Only one Republican - Rep. Timothy V. Johnson of Illinois - joined 128 Democrats in voting against the measure. Support came from 105 Democrats and 188 Republicans.

Republican and Democratic negotiators jointly wrote the compromise bill, with input from the White House - a rarity in the highly partisan House.

"America cannot afford a pre-9/11 mentality when it comes to our national security, [so] that is why this bipartisan bill is so critical," said House Minority Leader John A. Boehner, Ohio Republican. "It recognizes the threats we face, keeps our nation on offense and sends a clear message to our enemies that America is serious about protecting our citizens and our troops."

Rep. Rahm Emanuel of Illinois, the House Democratic Caucus chairman, said the bill "gives our intelligence community the tools it needs and the public the civil liberty protections it deserves."

"While this bill isn't perfect, the perfect should never be the enemy of the good," he added.

The legislation would expire at the end of 2012, ensuring Congress would revisit the issue.

The biggest dispute was a Republican demand to grant retroactive immunity to phone companies that participated in President Bush's contentious domestic spying program. The compromise bill will allow the courts to dismiss any of the 40 pending lawsuits against phone companies if there is written certification the administration asked the companies to take part in the program and were assured it was legal.