On NSA Spying, Sen McConnell's Only Options Are Bad Options

On June 1, the portion of the Patriot Act that authorized the National Security Agency's bulk data-collection program is set to expire. Senate Majority Leader Mitch McConnell (R-KY) had hoped Congress would reauthorize Section 215 and leave the program intact, arguing that it's a critical part of defense against terror attacks. But privacy concerns raised by Democrats and libertarian-minded Republicans have made that impossible. Instead, the House passed a bill that would limit the data-collection program. The USA Freedom Act would end bulk collection and require the government to contact telecommunications companies on a case-by-case basis.

House Speaker John Boehner (R-OH) has said he won't make another move until the Senate has acted. For Majority Leader McConnell, passing the House measure is not acceptable, but as he looks for an alternative, he lacks an obvious path to keeping the program from expiring when it hits its June deadline. On May 19, Majority Leader McConnell announced he would give the USA Freedom Act a vote on the floor. He won't be supporting the legislation, but is putting it on the floor to demonstrate that it lacks the support it would need to advance in the Senate. Most Democrats and a handful of Republicans, including presidential contender Sen Ted Cruz (R-TX), are expected to vote "yes" on the measure. But with Majority Leader McConnell and many of his fellow Republicans opposing the measure, leaders say it's unlikely to overcome a 60-vote threshold.