Among the fireworks at the close of the 2005 congressional session, the extension of the 16 sunset provisions of the USA PATRIOT Act underwent a series of last-minute brinksmanship maneuvers.

On Dec. 13, we reported that the Senate had come to a head in its negotiations on a compromise bill that would renew the provisions while providing sufficient protections of civil liberties. The House and Senate had worked out a compromise in a conference that a number of Senators strongly opposed. Although the House passed the conference agreement, its fate was uncertain in the Senate. On Dec. 16, The New York Times reported that the National Security Agency had carried out warrantless domestic spying since shortly after the 9/11 terrorist attacks, tipping the scale in favor of those opposed to the conference agreement.

Later that day, a bipartisan group of six Senators gained the support of 46 colleagues to successfully filibuster the renewal of the sunset provisions of the USA PATRIOT Act. This group demanded that reasonable safeguards be placed on particular provisions to ensure the protection of civil liberties. The president and GOP congressional leaders opposed making any changes to the conference agreement, arguing that enough protections were incorporated into the compromise bill.

After the failure to pass the extension, President Bush remarked that Congress's actions could endanger the lives of Americans. "The terrorists," he explained, "want to attack America again and kill the innocent and inflict even greater damage than they did on Sept. 11--and the Congress has a responsibility not to take away this vital tool that law enforcement and intelligence officials have used to protect the American people.''

Bush and Senate Majority Leader Bill Frist (R-TN) said that they would not settle for a temporary extension of the USA PATRIOT Act, maintaining that the six Senators needed to back down and let the conference agreement pass. The Senators refused, and on Dec. 20, 52 senators called for a three-month extension of the USA PATRIOT Act to allow time to work out changes in the conference agreement. With Congress eager to leave for the holidays, it was unclear what would happen since Bush and Frist opposed the three-month extension. At the last moment, a compromise was struck with Republican leadership in the Senate, providing a six-month extension of the law, which was immediately passed in the Senate.

The six-month extension went to the House for a vote by unanimous consent since many members had already left for the holiday. But Rep. James Sensenbrenner (R-WI) rejected the Senate's compromise and replaced it with a five-week extension, creating more theatrics, because it required that the bill then go back to the Senate for a vote. By now, few members of Congress were still in Washington, but the Senate on a voice vote passed Sensenbrenner's five-week extension. Finally an extension of the sunset provisions of the USA PATRIOT was approved by the Congress just days before Christmas on Dec. 22.

The House is scheduled to reconvene on Jan. 31 in order to address renewal of the Patriot Act, along with budget reconciliation bills. Congress must act by the first week of February on a compromise, which the bipartisan group of six Senators are currently attempting to reshape. Failing a compromise, more fireworks and brinksmanship on the Patriot Act are surely in store.