Surveillance Bill Offers Protection To Telecom Firms

The sharpest critics of the administration's surveillance policies were not mollified. Sen. Russell Feingold (D-Wis.) said the legislation "is not a compromise; it is a capitulation."

"Allowing courts to review the question of immunity is meaningless when the same legislation essentially requires the court to grant immunity," he said.

Caroline Frederickson, a lobbyist for the American Civil Liberties Union, said, "The telecom companies simply have to produce a piece of paper we already know exists, resulting in immediate dismissal."

Senate Majority Leader Harry M. Reid (D-Nev.), who has opposed retroactive immunity for the companies, said he was reviewing the legislation. "There have been, from what I see, some improvements," he said yesterday. "There's good things in this bill."

Other Democrats said the bill could be more popular than a version approved in February that 20 Senate Democrats favored.

Pelosi said the most important part of the deal is "exclusivity" language making it clear that the surveillance law is the only legal authority when it comes to government spying. In defending its warrantless spying program in the past, Bush administration lawyers argued that the commander in chief's warmaking powers trumped such considerations.

Yesterday's agreement ended a four-month standoff that began after House leaders refused to pass a Senate-approved bill that would have made permanent a temporary surveillance law enacted last August. According to the administration, some wiretap orders that allowed the surveillance of foreign terrorism suspects would have begun to expire two months from now unless new legislation was approved.

The negotiations underscored the political calculation made by many Democrats who were fearful that Republicans would cast them as soft on terrorism during an election year. Earlier this week, Hoyer told reporters that many Democrats, particularly those from conservative districts, were prepared to side with Republicans and approve the Senate version of the bill if talks broke down completely.

The immunity would cover companies that helped the government between Sept. 11, 2001, and Jan. 17, 2007, when the warrantless surveillance program was brought under the authority of the secret Foreign Intelligence Surveillance Court. That program had allowed the National Security Agency to monitor communications to and from the United States without court oversight.

The retroactive legal protection would apply only in lawsuits filed against telecommunications firms. Any lawsuits against the government would proceed and would have to be defended by other means.

Staff writer Carrie Johnson contributed to this report.