House poised to end NSA phone-surveillance program; Senate path uncertain
WASHINGTON — The House is poised to pass legislation Wednesday that would end the National Security Agency's controversial mass collection of phone data from millions of Americans not suspected of any terrorist activity.
But the bill's fate is uncertain in the Senate, setting up a potential stalemate between the two Republican-led chambers.
A majority of House members appear ready to approve the bipartisan USA Freedom Act, which would ban bulk collection of phone records under Section 215 of the Patriot Act, the sweeping anti-terrorism law passed after the Sept. 11, 2001, terrorist attacks. The bill would renew the Patriot Act through 2019 with the changes.
Major provisions of the Patriot Act, including Section 215, are set to expire on June 1 unless Congress acts.
The USA Freedom Act has been introduced in the Senate, but it is not clear if Senate Majority Leader Mitch McConnell, R-Ky., will allow a vote. McConnell has introduced his own bill to renew the Patriot Act as it is through 2020, saying that Congress should not do anything to weaken the government's ability to gather intelligence against terrorist groups.
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"The nation is better off with an extension of the Patriot Act than not," McConnell said in a speech Sunday in Boston. He called Section 215 "an important tool to prevent the next terrorist attack."
President Obama came out in favor of the USA Freedom Act on Tuesday, citing a need to increase public trust and confidence in the government's national security programs.
"The bill strengthens ... privacy and civil liberties protections, while preserving essential authorities our intelligence and law enforcement professionals need to protect the nation," an administration statement said.
Polls show public trust has eroded since the 2013 revelations about NSA's mass surveillance program by former NSA contractor Edward Snowden.
If the House passes the bill to end the sweeping NSA surveillance program, here are the options that the Senate may consider:
• Joining the House in approving the USA Freedom Act. The legislation is co-sponsored by liberal Democratic Sen. Patrick Leahy of Vermont and Tea Party-aligned Republican Sen. Mike Lee of Utah and has strong bipartisan support. However, it is opposed by McConnell and other GOP security hawks. Supporters of a similar bill failed by two votes to overcome a Republican-led filibuster in the last Congress.
• Passing a straight renewal of the Patriot Act provisions with no changes. The bill by McConnell and Senate Intelligence Committee Chairman Richard Burr, R-N.C., would do just that. However, privacy rights advocates, including Sens. Ron Wyden, D-Ore., and Rand Paul, R-Ky., have vowed to filibuster any attempt to pass a straight renewal, and McConnell does not appear to have the 60 votes needed to overcome a filibuster. It also is unlikely that the House would pass such a bill.
• Allowing the Patriot Act provisions to expire on June 1. Paul and certain privacy rights groups, including the American Civil Liberties Union, support this option as the only way to stop the government from spying on its own citizens. However, most lawmakers view this option as too extreme and believe it could hurt legitimate intelligence-gathering operations.
• Passing a short-term extension of the Patriot Act for a few months to give senators more time. McConnell has talked about this possibility, especially since Congress is scheduled to be in recess for the last week of May and has little time to act before June 1. There has been some talk that supporters of the USA Freedom Act may be willing to consider this option in exchange for McConnell allowing a vote on their bill.
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