WASHINGTON — The National Security Agency is losing its authority to collect Americans’ phone records in bulk, after GOP Sen. Rand Paul stood in the way of extending the fiercely contested program in an extraordinary Sunday Senate session.
But that program and several other post-Sept. 11 counter-terror measures look likely to be revived in a matter of days. With no other options, Senate Majority Leader Mitch McConnell, in an about-face, reluctantly embraced a House-passed bill that would extend the anti-terror provisions that expired Sunday at midnight, while also remaking the bulk phone collections program.
Although the lapse in the programs may be brief, intelligence officials warned it could jeopardize Americans’ safety and amount to a win for terrorists. But civil liberties groups applauded as Paul, who is running for president, forced the expiration of the once-secret program made public by NSA contractor Edward Snowden, which critics say is an unconstitutional intrusion into Americans’ privacy.
The Senate voted 77-17 to move ahead on the House-passed bill, the USA Freedom Act, which only last weekend fell three votes short of the 60 needed to advance in the Senate. For McConnell, it was a remarkable retreat after objecting ferociously that the House bill would make the bulk phone collections program unwieldy by requiring the government to search records maintained by phone companies.
“It’s not ideal but, along with votes on some modest amendments that attempt to ensure the program can actually work as promised, it’s now the only realistic way forward,” McConnell said.
But no final action was expected before Sunday’s midnight deadline after Paul served notice that he would assert his prerogative under Senate rules to delay a final vote for several days.
“This is what we fought the revolution over, are we going to so blithely give up our freedom? … I’m not going to take it anymore,” Paul declared on the Senate floor.