Capitol Hill
20 June 2008
The House of Representatives has approved legislation updating U.S.foreign intelligence surveillance law. President Bush welcomed thebipartisan compromise measure saying it will improve U.S. capabilitiesto prevent another terrorist attacks. But as VOA's Dan Robinsonreports, some Democratic lawmakers opposed the measure.
Incrafting the latest revision of the 1978 Foreign IntelligenceSurveillance Act (FISA), House and Senate lawmakers gave President Bushmuch of what he sought during months of tough negotiations.
Thepresident wanted telecommunications companies to have immunity frompossible lawsuits stemming from any cooperation they provided for thecounter-terrorist surveillance program he approved after the September11, 2001 terrorist attacks.
The program, which involvessurveillance of terror suspects without a court warrant, triggeredwidespread protests and at least 40 lawsuits alleging violations ofcivil liberties. The program was publicly revealed in media reports in2005.
The new legislation, which passed the house by a vote of293-129, does not grant blanket immunity to the phone companies,but does provide for court review of certifications from the U.S.attorney general that companies acted under presidential orders. Ajudge could then dismiss a lawsuit.
Among key points of the newlaw, electronic eavesdropping without court approval would be permittedin what are designated as emergencies, allowing the government tosubmit justifications within one week.
It requires courtpermission and establishment of probable cause for surveillance ofAmericans overseas, and prohibits a process in which the communicationsof a U.S. citizen could be monitored without court approval bytargeting a foreigner.
House Speaker Nancy Pelosi said whilethe measure is not perfect, overall it helps keep Americans safe anddoes not violate American's constitutional rights.
"We must have a bill that does not violate the Constitution of the United States, and this bill does not," she said.
"Themost important thing is that on a bipartisan basis we have cometogether on a national security issue to give our intelligencecommunity the tools they need to keep America safe," said Republican Pete Hoekstra, a former Republican chairman of the House Intelligence Committee.
But many Democrats voiced strong opposition, among them Congresswoman Barbara Lee.
"Itdoes not strike the proper balance between protecting national securityand preserving our cherished civil liberties," she said.
In advance of the House vote, President Bush said the legislation will help the U.S. intelligence community protect Americans.
"Theenemy that attacked us on September 11 is determined to strike thiscountry again," he said. "It is vital that our intelligence communityhas the ability to learn who the terrorists are talking to, what theyare saying, and what they are planning."
The president urged the U.S. Senate to take up the intelligence legislation as quickly as possible.
TheAmerican Civil Liberties Union described the measure as "disastrous",asserting that it allows for mass and untargeted surveillance ofAmerican's communications.