By: David Rogers

Congress neared passage Wednesday of a landmark terrorist surveillance bill that attempts to strike a new balance between safety and civil rights in going forward with government eavesdropping using access to U.S. phone companies to target persons overseas. 

After final Senate challenges failed Wednesday morning, President Bush stood assured of winning retroactive immunity for those carriers who cooperated with him when he first ordered the post 9/11 surveillance outside the rules set up under the Foreign Intelligence Surveillance Act in 1978. 

But the larger bill, the product of months of negotiation, represents the most comprehensive effort yet by Congress to reassert itself over the electronic surveillance, which set off a storm of protests when first revealed in December 2005. 

The FISA courts are assured a major role, new protections are added for Americans overseas, and the surveillance authorization will sunset in December 2012, assuring the next president a chance to review the issue. 

Illinois Sen. Barack Obama, who hopes to be that man, returned to vote against the immunity provisions on a series of three roll calls Wednesday. But opponents never got more than 42 votes on any of the attempts, and Senate Majority Leader Harry Reid (D-Nev.) announced that the final votes on passage would come later Wednesday afternoon. 

“Look at the bill in its entirety,” pleaded Senate Intelligence Committee Chairman Jay Rockefeller (D-W. Va.), arguing that the legislation does a better job than its critics contend in protecting civil rights and privacy. But the long, rancorous debate has left bitter splits on the Democratic side, and party leaders who were part of the final compromise have been the target of strong attacks from liberal blogs and editorial pages. 

Obama must navigate these waters carefully. He has pledged to support the final bill and enjoys some political cover on the left since Speaker Nancy Pelosi (D-Calif.) — with strong liberal credentials — did as well in the House. But given the strength of the attacks, the votes Wednesday morning were also useful to separate him from the immunity provisions, which had been demanded by the White House. 

The administration had threatened to veto the bill, in fact, unless it helped shield companies like AT&T and Verizon who cooperated with Bush. Rockefeller argued that the provision was less than the “blanket immunity” demanded by the White House, and the lawsuits, about 40, will not be pulled out of federal court. But the outcome clearly gives the administration the upper hand now in protecting the companies and is seen as a victory for the president. 

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