*stunned*

t 12:20 PM ET, 02/ 8/2011
House rejects measure that would extend key Patriot Act provisions through 
December

By Felicia Sonmez
Updated: 7:15 p.m.

http://voices.washingtonpost.com/44/2011/02/ahead-of-patriot-act-vote-some.html?hpid=topnews

A measure to extend key provisions of the Patriot Act counterterrorism 
surveillance law through December failed the House Tuesday night, with more 
than two-dozen Republicans bucking their party to oppose the measure.

The House measure, which was sponsored by Rep. Jim Sensenbrenner (R-Wis.) and 
required a two-thirds majority for passage, failed on a 277-to-148 vote. 
Twenty-six Republicans voted with 122 Democrats to oppose the measure, while 67 
Democrats voted with 210 Republicans to back it. Ten members did not vote.

The measure would have extended three key provisions of the Patriot Act that 
are set to expire on Monday, Feb. 28, unless Congress moves to reauthorize 
them. One of the provisions authorizes the FBI to continue using 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 is a "lone wolf" provision of the Intelligence Reform and 
Terrorist Prevention Act that allows for the surveillance of targets who are 
not connected to an identified terrorist group.

The vote came as several tea party-aligned members of the new freshman class 
had been expressing doubts about the measure.

Kentucky Republican Sen. Rand Paul, who highlighted his opposition to the law 
during his upstart 2010 Senate campaign, signaled Monday that he may vote 
ultimately vote against an extension when the measure comes up in the Senate, 
likely later this month.

"I've had a lot of reservations about the Patriot Act," Paul said when asked 
whether he's leaning toward voting for an extension. "We're reviewing it and 
we're going over it, and we will have something out probably in the next couple 
of days," he added. "We won't be shy about it when it comes out."

Paul's father, Rep. Ron Paul (R-Texas), was among the trio of Republican 
lawmakers who opposed the Patriot Act when the House approved it in October 
2001.

Some young conservative lawmakers, including Rep. Jason Chaffetz (R-Utah), had 
not yet decided how they would vote ahead of Tuesday night; Chaffetz later said 
in an interview after the vote that he had indeed decided to support the 
measure. A spokesperson for Chaffetz's Utah colleague, conservative freshman 
Sen. Mike Lee (R), did not immediately respond to a request for comment.

Meanwhile, one of the Senate's newly-elected moderate Republicans, Sen. Mark 
Kirk (Ill.), said Monday that he's likely to vote in favor of extending the 
Patriot Act provisions, adding that "it would be smart" for the Senate to back 
a three-year extension.

"Having it disappear is not the right answer," Kirk said.

Some Democrats opposed to the Patriot Act had seized on Tuesday's vote as an 
opportunity to question tea-party-backed lawmakers' reverence for the 
Constitution.

Ohio Democratic Rep. Dennis Kucinich, who voted against the measure in 2001, 
released a statement Monday calling Tuesday's House vote "the tea party's first 
test."

"The 112th Congress began with a historic reading of the U.S. Constitution," 
Kucinich said. "Will anyone subscribe to the First and  Fourth Amendments 
tomorrow when the PATRIOT Act is up for a vote? I am hopeful that members of 
the Tea Party who came to Congress to defend the Constitution will join me in 
challenging the reauthorization."

The Patriot Act has long been an issue that has not divided neatly along party 
lines. Former Wisconsin Democratic Sen. Russ Feingold was the only senator to 
originally vote against the measure in 2001 and was among the law's most 
outspoken opponents. But as portions of the law have come up for 
reauthorization over the years, its opponents have often included both 
Republican and Democratic members.

The White House on Tuesday said in a statement that it "does not object" to 
extending the three Patriot Act provisions until December 2011 although it 
"would strongly prefer" an extension until December 2013, noting that the 
longer timeline "provides the necessary certainty and predictability" that law 
enforcement agencies require while at the same time ensuring congressional 
oversight by maintaining a sunset.

In addition to the House legislation, the Senate is considering three competing 
timelines, including proposals that would permanently extend the three 
provisions or extend them through 2013. Senate Judiciary Committee Chairman 
Patrick Leahy (D-Vt.) and Intelligence Committee Chairwoman Dianne Feinstein 
(D-Calif.), both of whom have introduced competing proposals, said Monday that 
committee members continue to work toward an agreement but declined to 
speculate as to the end result.

"We're working on that this week," Leahy said. "It's got to be done. ... I 
don't want it to be a situation where none of them go through."
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