The House on Wednesday overwhelmingly passed a bill that would end the bulk collection of data by the National Security Agency, setting up a conflict with Republican leaders in the Senate who don’t want to ban a practice they believe helps the NSA thwart domestic terrorism.
The House passed the USA Freedom Act with a bipartisan vote of 338-88, uniting Republicans and Democrats who said the reform was needed to ensure the law could keep America safe while not violating the privacy of its citizens.
The bill does not end NSA surveillance, but it reauthorizes it with a prohibition on dragnet surveillance techniques that have been employed by NSA since the days following the Sept. 11, 2001, terrorist attacks. That’s when Congress passed the surveillance measure as part of the anti-terrorism Patriot Act.
But classified information leaked by former NSA contractor Edward Snowden two years ago revealed the extensive and comprehensive nature of the spying, angering the public and Congress. Lawmakers on both sides of the aisle argued that the program goes too far.
“You know you’ve drafted a strong bill when it unites both national security hawks and civil libertarians,” said Rep. F. James Sensenbrenner, R-Wis., the author of the 2001 Patriot Act.
Sensenbrenner has been a top critic of the NSA’s surveillance and said the original law never intended to authorize bulk collection of electronic data from U.S. citizens.
Two federal courts recently have ruled the practice is not authorized under the law, fueling support for the House bill.
But in the Senate, GOP leaders are pushing ahead with legislation that would reauthorize the surveillance program without making any changes or scaling back the bulk data collection program.
Senate Intelligence Committee Chairman Richard Burr said the Senate will take up a straight reauthorization bill next week, despite a push by Republican and Democratic Senate lawmakers for the chamber to debate the House legislation.
“It’s clear to say that the program as designed is effective,” Burr said in an interview. “And members are reluctant to change things that are effective, just because of public opinion.”
Sen. Patrick Leahy, of Vermont, who is the top Democrat on the Senate Judiciary Committee, has authored legislation that is identical to the House reform bill and it has garnered bipartisan support in the Senate. Five Senate Republicans co-sponsored the legislation and other GOP lawmakers are likely to back it.
Leahy called the bill “a reasonable compromise” between lawmakers who want more surveillance reforms and others who believe the NSA powers should include some bulk collection of information.
Senate Majority Leader Mitch McConnell, R-Ky., has not indicated whether he will allow Leahy to introduce his bill as an amendment, but it could be difficult to pass a bill that does not overhaul the program.
The Senate must move quickly to reach an agreement with the House.
The law authorizing the NSA’s surveillance program expires June 1, and Congress is scheduled to leave town at the end of next week for the Memorial Day recess.
A short-term extension is possible, Burr said.
