WASHINGTON — President Bush has agreed on a plan to submit the National Security Agency's controversial domestic electronic surveillance program to a secret court for a limited review of its constitutionality, senators and White House officials said Thursday.
Under the plan, Bush would sign legislation allowing the Foreign Intelligence Surveillance Court, which reviews government requests for wiretaps, to decide whether the administration has the legal authority in terrorism investigations to eavesdrop on American citizens without first obtaining warrants.
The tentative agreement would mark a concession by the administration, which has insisted the president has the constitutional authority to authorize the warrantless surveillance, initiated after the Sept. 11 attacks. But lawmakers have questioned the absence of congressional approval and have proposed ways of providing oversight and control of the program.
The deal announced Thursday between Bush and Sen. Arlen Specter (R-Pa.), chairman of the Senate Judiciary Committee, provides the White House with a key congressional ally. However, it's not clear that Specter's proposal will be agreeable to the whole Senate. Other proposals, such as one backed by a group of Republicans including Sen. Lindsey Graham of South Carolina, would require more extensive NSA review.
Specter's approach stands to be amended during the legislative process, which could make it unacceptable to the White House. And key members of the Senate Intelligence Committee and the chamber's leadership have yet to declare their support for Specter's approach.
Specter, who has criticized the administration over the NSA operation, said his proposal would achieve his goal of getting the program reviewed by a U.S. court.
The legislation also has an upside for the administration, giving it the power to transfer a number of lawsuits challenging the program around the country to the Foreign Intelligence Surveillance Court. Administration officials think they would have a better chance of winning those cases in the secretive court than in disparate forums.
Specter acknowledged the unusual negotiations with Bush and Vice President Dick Cheney that led to the agreement. Under the deal, Bush is not legally obligated under all circumstances to submit the warrantless surveillance program for review. If the legislation outlined by Specter undergoes any changes opposed by the administration, Bush could refuse to let the court review the program.
