Time has virtually run out for those who back the extension of the National Security Agency's surveillance program as the Sunday deadline to
renew the Patriot Act approaches.
According to
Politico, the Senate is expected to reconvene just hours before the measure lapses, after lawmakers left for the holiday recess having blocked a House-passed bill and several short-term extensions.
As it stands, Senate Majority Leader Mitch McConnell and others who support the program will likely be forced to pass the House's bill. The USA Freedom Act would end the government's mass collection of data, instead leaving records in the hands of telephone companies subject only to a case-by-case review.
"Our options are a lot more limited" given the time constraints, said Utah Sen. Mike Lee, the chief Republican backing the renewal of the Patriot Act, according to Politico. "We can either let the provisions at issue expire, or we can pass the House-passed USA Freedom Act."
According to Politico, some lawmakers believe that the deadline may prompt some to consider a compromise in a bid to avoid criticism that Congress has eliminated a key tool in the fight against terrorism.
"If I were those guys who were objecting, I'd be very nervous about taking a position that would potentially compromise national security," said Maine independent Sen. Angus King, who opposes the House bill, according to Politico.
McConnell has acknowledged that the House bill's overwhelming bipartisan support "makes it pretty challenging to extend the law as it is."
"We're going to work it out in some way and go forward. But there are deep differences of opinion," McConnell told
The Associated Press. "We've got to figure some way out of this."
Lee told Politico on Tuesday that he was confident that the USA Freedom Act could pass the Senate on Sunday if McConnell advanced it for another vote, as several senators have indicated they would prefer that to allowing the Patriot Act provisions to lapse.
Specifically, Illinois GOP Sen. Mark Kirk voted "no" to the House bill last week but said afterward that he had been "inclined" to let it pass, while Wyoming GOP Sen. Mike Enzi — who missed the vote — would support changes to the bulk collection of data, his office told Politico.
"Some of those members voted 'no' on Friday night," Lee told Politico. "I suspect that now that we're in this posture, some of those might flip."
Montana Sen. Steve Daines appeared to agree.
"I think the members are in very, very thoughtful consideration. They share the concerns of protecting the homeland and the liberties of the American people," Daines said, according to Politico. "Those who didn't vote for the Freedom Act the first time will be taking a hard look."
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