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Sen. Rand Paul, R-Ky.(Photo: Carolyn Kaster, AP)
WASHINGTON — The U.S. Senate will convene Sunday evening for a rare weekend session to try to find a compromise on provisions of the Patriot Act set to expire at midnight. Lawmakers are at odds over the National Security Agency's bulk collection of phone records, which a federal appeals court recently ruled illegal. Here's a primer for the Sunday session and how Congress got to this point:
USA TODAY
Appeals court strikes down government's phone surveillance program
1. Why hasn't the Senate acted already?
They tried. Prior to the Memorial Day recess, Senate Majority Leader Mitch McConnell, R-Ky., held a vote on the USA Freedom Act, a bipartisan, House-passed bill to end the bulk collection of data. It would instead require the NSA to obtain a court order from the Foreign Intelligence Surveillance Court to obtain specific phone records. The House bill received 57 votes, three short of the supermajority necessary for approval. McConnell then offered a short-term extension of current law, but his state's junior senator, Rand Paul, a 2016 GOP presidential candidate, objected. Paul is one of the most vocal and prominent opponents of the bulk collection program. Without a deal, the Senate adjourned for the break with an agreement to return on Sunday, just hours before the law expires.
USA TODAY
Obama to Senate: Pass surveillance bill
2. How likely is it the law expires?
It's entirely possible. House Speaker John Boehner, R-Ohio, backed by the overwhelming House vote for the USA Freedom Act — which President Obama also supports — has shown no interest in signing off on any other legislation. Senate delaying tactics can also push the debate past the deadline. Two of the NSA program's strongest opponents, Paul and Sen. Ron Wyden, D-Ore., have not ruled out using their privileges to block the House bill or any extension of current law. Paul and Wyden are also working together on a number of amendments to the legislation.
3. What happens if it expires?
Top law enforcement officers have warned Congress they could also lose less controversial tools to combat terrorist threats. Beyond the bulk collection program, provisions affecting the government's ability to monitor "lone wolf" activity and roving wiretap capabilities will also expire without action. "I sure hope Congress figures out a way to make sure I don't lose these essential tools," FBI Director James Comey said this week. Attorney General Loretta Lynch also warned against allowing "vital and uncontroversial tools we use to combat terrorism and crime" expire.
USA TODAY
Schiff: House unlikely to support two-month Patriot Act extension
4. What are the Senate's options?
Practically, there are four options: do nothing and let the law expire; extend current law for a short period of time to allow for more debate; pass the House bill; or find a compromise that can pass both chambers and be signed by the president. The latter is the trickiest, as the Senate will convene at 4 p.m. ET on Sunday, leaving just eight hours to find a path forward. A new piece of legislation would also have to pass the House again, which would mean at least a short-term expiration of current law.
Senate Majority Leader Mitch McConnell, R-Ky.<span style="color: Red;">*</span>(Photo: Michael Reynolds, European Pressphoto Agency)
5. Who are the key players to watch?
Beyond Paul and Wyden, McConnell and Senate Intelligence Chairman Richard Burr, R-N.C., have been key players leading up to the impasse. McConnell and Burr both strongly oppose the House bill and want to see the program remain intact even though it's been ruled illegal. Both senators argue that any weakening of current surveillance capabilities is ill-advised as the U.S. steps up efforts to combat the rise of the Islamic State and other terrorist threats. McConnell ran down the clock before the break in an effort to get senators on board for a short-term extension of current law, but it didn't work. If the Senate is able to advance the House bill, it will likely be over McConnell's opposition.
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