House Rejects Extension of Surveillance Act

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Bush Pleased With Senate Eavesdropping Bill

President Bush said Wednesday he is pleased the Senate has passed new rules for government eavesdropping on phone calls and e-mails. He then urged the House to act promptly on a bill of their own.

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The House and Senate versions of the new FISA provisions differ slightly, but leaders on both sides acknowledged that the major stumbling block is immunity for the telecommunications industry, which faces dozens of lawsuits for providing personal information to intelligence agencies without warrants.

Senate Democrats' split on immunity echoes past party divisions over national security issues, including how strongly to confront Bush on the tools the administration uses to target suspected terrorists and their allies.

"This is the right way to go, in terms of the security of the nation," said Sen. John D. Rockefeller IV (D-W.Va.), chairman of the intelligence committee, which wrote the Senate bill.

Rockefeller was one of 17 Democrats who joined 49 Republicans and one independent to reject an amendment offered by Sen. Christopher J. Dodd (D-Conn.) that would have stripped the immunity provision from the bill.

Two-thirds of the Democratic caucus opposed immunity. "It is inconceivable that any telephone companies that allegedly cooperated with the administration's warrantless wiretapping program did not know what their obligations were. And it is just as implausible that those companies believed they were entitled to simply assume the lawfulness of a government request for assistance," said Sen. Russell Feingold (D-Wis.), who co-sponsored the amendment.

Sen. Barack Obama (D-Ill.), who is locked in a tight race with Sen. Hillary Rodham Clinton (D-N.Y.) for the Democratic presidential nomination, opposed immunity for the industry, along with the entire elected Democratic leadership team. Clinton, who has publicly opposed immunity in the past, was campaigning during yesterday's primaries and did not attend the vote.

Sen. John McCain (R-Ariz.), the front-runner for the GOP nomination, supported the overall bill and the immunity provision. Neither Clinton nor Obama was on hand for the vote on final passage of the bill. McCain was.

Congressional leaders have until Friday -- when a two-week extension of the temporary law that authorizes expanded surveillance powers expires -- to iron out differences between the House and Senate versions.

Republican leaders in both chambers have pushed for passage of the Senate bill without a House-Senate conference.

"I don't think there's a need to do a conference. This bill has been vetted and vetted and vetted," said Sen. Jon Kyl (R-Ariz.), the Republican whip.

Rep. Lamar Smith (R-Tex.), the ranking Republican on the House Judiciary Committee, warned Democrats not to expect a softening of the administration's position.

"I think the Democrats would be making a mistake if they felt the president was not going to be serious about vetoing any further extension or insisting that the immunity provisions be in there," Smith said.

But House Democratic leaders continued pushing for more information about the warrantless spying that telephone companies aided after the 2001 attacks.

Available documents on the program "raise important questions, and it will take some time to gather enough information to make a determination on the issue of retroactive immunity," House Intelligence Committee Chairman Silvestre Reyes (D-Tex.) said yesterday.

Staff writers Michael Abramowitz and Debbi Wilgoren and washingtonpost.com staff writer Ben Pershing contributed to this report.