Senate clears way to extend terror-fighting bill

But with the expiration date approaching and little likelihood of a compromise with the House, the Democrats acceded to letting the bill move forward. Sen. Dick Durbin of Illinois, the second-ranking Democrat in the Senate, said he was not happy they weren't able to deal with the bill differently, but allowing the provisions to lapse was "unacceptable."

Damage from a short-term lapse would probably be minimal. The government would be unable to get court warrants for new investigations but could still get court authority in the case of foreign intelligence investigations that were already under way before the provisions expired.

Todd Hinnen, acting assistant attorney general for the Justice Department's national security division, said at a congressional hearing in March that the government seeks warrants for business records fewer than 40 times a year and that between 2001 and 2010, it sought roving wiretap authority in about 20 cases a year. He said the government has yet to use its lone wolf authority.

Associated Press writer Pete Yost contributed to this report.