Rep. Jerry McNerney, D-Pleasanton, is the only Bay Area House member to vote in favor of extending some Patriot Act provisions through December.

H.R. 514 would have extended through Dec. 8 a provision that authorizes roving wiretaps on surveillance targets; a provision that lets the government access "any tangible items," such as library records, as a part of surveillance; and a "lone wolf" provision that allows surveillance of those in the United States without citizenship, a green card or political asylum who are not connected to an identified terrorist group.

Without extension, the provisions expire Feb. 28.

The bill failed late Tuesday on a roll call of 277-148, falling short of the two-thirds majority it needed to pass. Besides McNerney, all other Bay Area members voted against it; Jackie Speier, D-Hillsborough, didn't vote.

McNerney was among 67 Democrats who voted for the bill, while 26 Republicans -- including eight freshmen elected in November — broke with their leaders to vote against it.

McNerney spokeswoman Sarah Hersh said the congressman "has serious concerns with this legislation and believes that we must make substantial changes to the law in order to better preserve our country's most fundamental civil liberties.

However, in the meantime, allowing the policy to expire without warning and a comprehensive debate on our security policies would not be advisable."

Rep. Anna Eshoo, D-Palo Alto, issued a statement explaining her "no" vote.

"We have now had nearly a decade to review the law and determine which provisions are necessary and which ones overreach," she said. "But this bill would extend the law, rubber-stamping rather than reworking the most egregious provisions."

House GOP leaders reportedly plan to bring the measure back later this month under normal rules, requiring only a simple majority for passage.

The White House would prefer that the provisions be extended until the end of 2013.

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