Patriot Act extension fails in the House by seven votes

By Paul Kane and Felicia Sonmez
Wednesday, February 9, 2011

House Republicans sufferedan embarrassing setback Tuesday when they fell seven votes short of extending provisions of the USA Patriot Act, a vote that served as the first small uprising of the party's tea party bloc.

The bill to reauthorize key parts of the counterterrorism surveillance law that expire at the end of the month required a supermajority to pass under special rules reserved for noncontroversial measures.

But it fell short of the required two-thirds after 26 Republicans bucked their leadership, eight of them freshman lawmakers elected in November's midterm elections. With most Democrats opposing the extension, the final tally was 277 members in favor of extension and 148 opposed.

The Republicans who control the House made plans to bring the measure back for a quick vote later this month under normal rules, requiring only a simple majority for passage. They blamed House Democrats for the bill's downfall, noting that they provided the lion's share of votes against a bill that President Obama supports.

The vote was the latest signal, though, that on certain matters House leaders could face a sizable resistance to compromise from within their own ranks, both from the 87 GOP freshmen and from conservative veterans who have been emboldened by the newcomers.

Earlier Tuesday, House Republicans pulled a bill to extend assistance to workers who lose jobs because of competition from imports. Conservatives had complained that the bill would put the federal government too squarely into the private economy.

And leaders of the Appropriations Committee heard complaints Tuesday from fellow Republicans on the panel that their bill to slash at least $32 billion in fiscal 2011 spending was insufficient.

The Patriot Act measure would have extended through the end of the year three provisions that are set to expire Feb. 28. One authorizes the FBI to use roving wiretaps on surveillance targets; the second allows the government to access "any tangible items," such as library records, in the course of surveillance; and the third allows for the surveillance of targets who are not connected to an identified terrorist group.

Democrats hailed the day's events in a news release from Minority Leader Nancy Pelosi's office that asked a simple question: "Disarray?"

Rep. Dennis J. Kucinich (D-Ohio), who has presented an occasionally lonely opposition to the Patriot Act, said Tuesday's vote demonstrated that he now had company from more than two dozen Republicans who support the Bill of Rights. "The Patriot Act represents the undermining of civil liberties," Kucinich said after the vote. Republicans "brought [the bill] forward not knowing the votes."

House leaders rejected that analysis.

"Democrats in Congress voted to deny their own administration's request for key weapons in the war on terror," said Erica Elliott, spokeswoman for Majority Whip Kevin McCarthy (R-Calif.).

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