Senate will have 8 hours to make an NSA decision

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Senate Will Have 8 Hours to Make an NSA Decision

The future of NSA bulk data collection is as murky as it's been since Edward Snowden first exposed it.

"On this vote, the yeas are 57, the nays are 42. Three-fifths of the senators duly chosen and sworn not having voted in the affirmative, the motion is not agreed to," said the Senate's presiding officer.

On Monday, June 1, the Patriot Act will expire. And along with it, the controversial Section 215 the National Security Agency uses to justify collecting the phone records of millions of Americans.

And while the bulk collection-ending House resolution called the USA Freedom Act passed that chamber with an overwhelming majority, the Senate's "no" vote just after midnight Saturday opened the door for just the opposite.

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Senate will have 8 hours to make an NSA decision
NSA former intelligence contractor Edward Snowden is seen via live video link from Russia on a computer screen during a parliamentary hearing on the subject of 'Improving the protection of whistleblowers', on June 23, 2015, at the Council of Europe in Strasbourg. Snowden, who has been granted asylum in Russia, is being sought by Washington which has branded him a hacker and a traitor who endangered lives by revealing the extent of the NSA spying program. AFP PHOTO / FREDERICK FLORIN (Photo credit should read FREDERICK FLORIN/AFP/Getty Images)
WASHINGTON, DC - JUNE 01: U.S. Sen. Rand Paul (R-KY) prepares to do a live interview with FOX News in the Russell Senate Office Building rotunda on Capitol Hill June 1, 2015 in Washington, DC. In protest of the National Security Agency's sweeping program to collect U.S. citizens' telephone metadata, Paul blocked an extension of some parts of the USA PATRIOT Act, allowing them to lapse at 12:01 a.m. Monday. The Senate will continue to work to restore the lapsed authorities by amending a House version of the bill and getting it to President Obama later this week. (Photo by Chip Somodevilla/Getty Images)
WASHINGTON, DC - JUNE 01: U.S. Sen. Rand Paul (R-KY) does a live interview with FOX News in the Russell Senate Office Building rotunda on Capitol Hill June 1, 2015 in Washington, DC. In protest of the National Security Agency's sweeping program to collect U.S. citizens' telephone metadata, Paul blocked an extension of some parts of the USA PATRIOT Act, allowing them to lapse at 12:01 a.m. Monday. The Senate will continue to work to restore the lapsed authorities by amending a House version of the bill and getting it to President Obama later this week. (Photo by Chip Somodevilla/Getty Images)
WASHINGTON, DC - MAY 31: The U.S. Capitol is illuminated at dusk, May 31, 2015 in Washington, DC. The National Security Agency's authority to collect bulk telephone data is set to expire June 1, unless the Senate can come to an agreement to extend the surveillance programs. (Photo by Drew Angerer/Getty Images)
WASHINGTON, DC - NOVEMBER 4: Larry Klayman (C), of the political advocacy group Freedom Watch, holds a news conference with Charles Strange (L) and Mary Ann Strange on the steps of the U.S. Court of Appeals for the District of Columbia Circuit November 4, 2014 in Washington, DC. The Stranges, who joined the class action lawsuit, allege that their phones were tapped when they began questioning the circumstances around the death of their son, a Navy SEAL killed in Afghanistan in 2011. The DC Circuit Court held an oral argument over the National Security Agency's bulk collection of phone records. (Photo by Allison Shelley/Getty Images)
WASHINGTON, DC - NOVEMBER 4: Larry Klayman (2R), of the political advocacy group Freedom Watch, ends a news conference with Charles Strange (2L) and Mary Ann Strange (C) on the steps of the U.S. Court of Appeals for the District of Columbia Circuit November 4, 2014 in Washington, DC. The Stranges, who joined the class action lawsuit, allege that their phones were tapped when they began questioning the circumstances around the death of their son, a Navy SEAL killed in Afghanistan in 2011. The DC Circuit Court held an oral argument over the National Security Agency's bulk collection of phone records. (Photo by Allison Shelley/Getty Images)
WASHINGTON, DC - FEBRUARY 12: U.S. Sen. Rand Paul (R-KY) arrives in front of U.S. District Court to announce the filing of a class action lawsuit against the administration of U.S. President Barack Obama, Director of National Intelligence James Clapper, National Security Agency Director Keith Alexander and FBI Director James Comey. Paul said he filed the lawsuit to stop NSA surveillance of U.S. phone records because Obama has Òpublicly refused to stop a clear and continuing violation of the 4th amendment.Ó (Photo by Win McNamee/Getty Images)
WASHINGTON, DC - NOVEMBER 4: (L -R) Freedom Watch representatives Brandon Wheatley, Dina James and Larry Klayman talk outside of the U.S. Court of Appeals for the District of Columbia Circuit November 4, 2014 in Washington, DC. The DC Circuit Court held an oral argument over the National Security Agency's bulk collection of phone records. (Photo by Allison Shelley/Getty Images)
FILE - In this April 7, 2015 file photo, Sen. Rand Paul, R-Ky. holds up his cell phone as he speaks before announcing the start of his presidential campaign, in Louisville, Ky. The Justice Department warned lawmakers that the National Security Agency (NSA) will have to wind down its bulk collection of Americans' phone records by the end of the week if Congress fails to reauthorize the Patriot Act. The Republican divisions over the issue was on stark display in the Senate on Wednesday as Paul, a candidate for president, stood on the floor and spoke at length about his opposition to NSA spying. (AP Photo/Carolyn Kaster, File)
WASHINGTON, DC - MAY 11: Admiral Michael Rogers, commander of U.S. Cyber Command and director of the National Security Agency, speaks at George Washington University May 11, 2015 in Washington, DC. The George Washington University's Center for Cyber and Homeland Security held a discussion on the state of cybersecurity threats to the United States. (Photo by Win McNamee/Getty Images)
Sen. Ted Cruz, R-Texas, left, and Sen. Al Franken, D-Minn., ride back back to their offices following roll call votes on Capitol Hill in Washington, Tuesday night, Nov. 18, 2014. Polar opposites on most issues, Cruz and Franken were in agreement when both voted "yes" on a bill to end the bulk collection of American phone records by the National Security Agency, although the measure failed 58-42. (AP Photo/J. Scott Applewhite)
House Speaker John Boehner of Ohio speaks during a news conference on Capitol Hill in Washington, Wednesday, May 13, 2015. The House debates and votes for final passage on NSA Surveillance legislation, known as the USA Freedom Act. The measure seeks to codify President Barack Obama's proposal to end the NSA's collection of domestic calling records. It would allow the agency to request certain records held by the telephone companies under a court order in terrorism investigations. (AP Photo/Susan Walsh)
House Speaker John Boehner of Ohio arrives for a news conference on Capitol Hill in Washington, Wednesday, May 13, 2015. The House debates and votes for final passage on NSA Surveillance legislation, known as the USA Freedom Act. The measure seeks to codify President Barack Obama's proposal to end the NSA's collection of domestic calling records. It would allow the agency to request certain records held by the telephone companies under a court order in terrorism investigations. (AP Photo/Susan Walsh)
House Speaker John Boehner of Ohio listens during a news conference on Capitol Hill in Washington, Wednesday, May 13, 2015. The House debates and votes for final passage on NSA Surveillance legislation, known as the USA Freedom Act. The measure seeks to codify President Barack Obama's proposal to end the NSA's collection of domestic calling records. It would allow the agency to request certain records held by the telephone companies under a court order in terrorism investigations. (AP Photo/Susan Walsh)
House Speaker John Boehner of Ohio listens during a news conference on Capitol Hill in Washington, Wednesday, May 13, 2015. The House debates and votes for final passage on NSA Surveillance legislation, known as the USA Freedom Act. The measure seeks to codify President Barack Obama's proposal to end the NSA's collection of domestic calling records. It would allow the agency to request certain records held by the telephone companies under a court order in terrorism investigations. (AP Photo/Susan Walsh)
WASHINGTON, DC - MAY 11: Admiral Michael Rogers, commander of U.S. Cyber Command and director of the National Security Agency, speaks at George Washington University May 11, 2015 in Washington, DC. The George Washington University's Center for Cyber and Homeland Security held a discussion on the state of cybersecurity threats to the United States. (Photo by Win McNamee/Getty Images)
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"I would urge a 'yes' vote on the two-month extension," said Senate Majority Leader Mitch McConnell (R-Kentucky).

While Senate Majority Leader Mitch McConnell had managed to hold the lines against the USA Freedom Act, his Patriot Act extension also failed less than half an hour later.

House members left Washington, D.C. a couple of days ago and refuse to say whether they'll return before the Patriot Act expires. The Senate comes back onMay 31 at 4:00 p.m. with only eight hours to do something before the deadline.

So the first option to pass the USA Freedom Act, for now, is done. The second option to extend the Patriot Act is done — the Senate rejected even a two-day extension that could've put some pressure on the House. The next option? No one's quite sure.

McConnell basically tried to strong-arm his weary upper-house colleagues who were keen on leaving town for the Memorial Day break. He focused the Senate's last day before the recess on passing fast-track trade legislation for President Obama and hoped procrastination and exhaustion would work in his favor.

But it didn't, leading some outlets like Politico to go so far as to label McConnell's strategy a "backfire" with no clear way to move forward. Perhaps just as telling, McConnell left the Hill early Saturday without stumping to reporters.

"In the end, the problem isn't the House. It's right in front of McConnell in the Senate. And he's betting the eight days and some time away from Washington is the solution."

One thing's clear. While no one can agree just now on how to move forward, lawmakers just as badly don't want to be seen as letting a national security policy lapse with no policy in place for the future.

"We've got a week to discuss it," said Senator McConnell. "We'll have one day to do it. So we better be ready."
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