Thursday October 25, 2001

WASHINGTON - The House approved legislation yesterday to give police new search powers in response to last month's terrorist attacks, including the ability to secretly search homes, tap phones and track people's use of the Internet.

The Senate plans to move the measure on for President Bush's signature before the end of the week.

"I expect a pretty overwhelming vote, and that's how it should be," Senate Majority Leader Thomas Daschle, D-S.D., said.

The president praised the quick passage of the legislation by the House, saying in a statement, "I look forward to signing this strong bipartisan plan into law so that we can combat terrorism and prevent future attacks."

Bush and Attorney General John Ashcroft have been calling for legislation to expand the FBI's wiretapping and electronic surveillance authority, impose stronger penalties on those who harbor or finance terrorists and increase punishments of terrorists since the Sept. 11 attacks on the World Trade Center and Pentagon.

The GOP-controlled House gave strong support to the bill, passing it by 357-66 despite critics' concerns about compromising civil liberties.

In order to get a deal with the Senate, House leaders dumped the House Judiciary Committee's GOP-Democratic compromise with more civil liberties and privacy provisions for a modified Senate version negotiated with the Justice Department and the White House.

"This legislation is not perfect, and the process is not one that all will embrace," House Judiciary Chairman Jim Sensenbrenner, R-Wis., said Tuesday. "However, these are difficult times. ... This legislation is desperately needed."

But the new legislation is "not just limited to terrorism," argued Rep. Robert Scott, D-Va. "Had it been limited to terrorism, this bill could have passed three or four weeks ago without much discussion."

The legislation expands the federal government's power to inspect educational records, wiretap telephones, track e-mails, seize voice mails, and detain immigrants suspected of being terrorists. Critics say it goes too far.

"This legislation is based on the faulty assumption that safety must come at the expense of civil liberties," said Laura Murphy, head of the American Civil Liberty Union's Washington office.

But senators say the House-Senate compromise is a good one.

"It's a good bill and I am very pleased with the work product here," Daschle said.

The Senate will take up the bill after the completion of the foreign aid spending bill, Daschle said.

It may hit a snag in the Senate, with Oregon Sens. Ron Wyden, a Democrat, and Gordon Smith, a Republican, threatening to block final approval.

The two senators want to use the anti-terrorism bill to fix a law that prevents federal prosecutors from using certain investigative techniques labeled "deceit." Such techniques are allowed by federal law but banned under ethics rules enforced by state bar associations.

In Oregon, Wyden and Smith's home state, ethics rules prohibit attorneys from using deceit. Federal prosecutors say that means wiretaps and other covert methods cannot be used in that state.

Wyden said yesterday he is considering a filibuster to force the point.

"If the terrorists have sanctuaries anywhere, even one place, then in effect you are at risk everywhere," he said.

Sensenbrenner, one of the leading opponents of fixing the Oregon problem with the anti-terrorism bill, criticized using the legislation to "press parochial issues."

"This is time to dispense with business as usual," he said.

Daschle told reporters he expects the Senate to pass the legislation before the end of the week.