US House passes warrantless domestic spying measure

WASHINGTON, Sep 29 (Reuters) The House of Representatives passed a bill that would provide congressional authorization for President George W Bush's warrantless domestic spying program but subject it to new rules.

With a court battle waging over the program's legality, the House, controlled by Bush's fellow Republicans, approved the measure on a largely party-line vote of 232-191.

The Senate, however, has been unable to agree on a bill of its own, preventing Bush from getting a final measure to sign into law before members of Congress go home to campaign for the November 7 elections. That had been a top Republican goal.

With both parties bickering over who can best protect America, the primarily Republican-backed House bill outlines when and how a president can order warrantless surveillance. 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.'' Backers contend the legislation would bolster congressional oversight and better protect civil liberties. Critics charge it would expand presidential powers and further threaten the rights of law-abiding Americans.

''Hidden in the fine print are provisions which grant the administration authority to maintain permanent records on innocent US citizens, granting the administration new authority to demand personal records without court review, and terminating any and all legal challenges to unlawful wiretapping,'' said Representative John Conyers, top Democrat on the House Judiciary Committee.

Representative Heather Wilson, a New Mexico Republican and chief sponsor of the measure, said the bill would protect the nation as well as individual liberties.

''Intelligence is the first line of defense in the war on terror,'' Wilson said. ''Excesses are best prevented when the intelligence activities are operated within a framework that controls government power by using checks and balances among the three branches of government.'' Shortly after the September 11 attacks, Bush secretly ordered the National Security Agency to monitor the international telephone conversations and e-mails of US 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 inside the United States.

Bush argues he has inherent powers to protect the country.

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.

A competing version of the measure in the Senate would permit but not require a review of the program's constitutionality by the FISA court.

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 when the president determines there is an ''imminent threat of attack.'' The president could submit unlimited subsequent certifications to extend the warrantless action.

REUTERS LL HS0929