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Key GOP senators oppose NSA phone records measure

FILE: An aerial view of the NSA's Utah Data Center in Bluffdale, Utah.(AP)

The Senate on Tuesday blocked a bill to end bulk collection of American phone records by the National Security Agency, dealing a blow to President Barack Obama's primary proposal to rein in domestic surveillance.

The 58-42 vote was two short of the 60 needed to proceed with debate. Voting was largely along party lines, with most Democrats supporting the bill and most Republicans voting against it. The Republican-controlled House had previously passed its own NSA bill.

The legislation would have ended the NSA's collection of domestic calling records, instead requiring the agency to obtain a court order each time it wanted to analyze the records in terrorism cases, and query records held by the telephone companies. In many cases the companies store the records for 18 months.

The revelation that the spying agency had been collecting and storing domestic phone records since shortly after the terrorist attacks of Sept. 11, 2001, was among the most significant by Edward Snowden, a former agency network administrator who turned over secret NSA documents to journalists. The agency collects only so-called metadata numbers called, not names and not the content of conversations. But the specter of the intelligence agency holding domestic calling records was deeply disquieting to many Americans.

The bill had drawn support from technology companies and civil liberties activists. Its failure means there has been little in the way of policy changes as a result of Snowden's disclosures.

Pressured to act, Obama in January proposed curbing the NSA's authority and the House in May passed a bill to do so. While the measure was pending, the NSA continued to collect American landline calling records, though the program does not cover most mobile phone records.

The law authorizing the bulk collection, a provision of the post-9/11 USA Patriot Act, will expire at the end of 2015. That means Congress would have to pass legislation re-authorizing the program for it to continue.

For that reason, Democratic Sen. Dianne Feinstein of California, the chairman of the Senate Intelligence Committee, abandoned her previous opposition to the bill. "If we do not pass the bill, we will lose this program," Feinstein said on the Senate floor.

"This bill increases trust and confidence and credibility of our intelligence system," said Sen. Richard Blumenthal, D-Conn.

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Key GOP senators oppose NSA phone records measure

Bill curbing NSA surveillance programs blocked in Senate

The USA Freedom Act, blocked by the Senate, would have curbed powers granted under the Patriot Act, including bulk collection of Americans' phone records.

Senate vote deals setback to efforts to reform NSA programs. Shara Tibken/CNET

Lawmakers' efforts to overhaul some of the National Security Agency's controversial surveillance programs were dealt a setback Tuesday when a reform bill failed to garner enough votes to proceed in the Senate.

The USA Freedom Act would have curbed powers granted to the NSA under the Patriot Act -- including the NSA's bulk collection of Americans' phone records. It was defeated in a procedural vote of 58 to 46, two votes short of the requirement to proceed. The House version of the bill passed in May, but many technology companies and privacy advocates pulled their support of the bill after several provisions were watered down.

The bill had the support of the White House, a bipartisan coalition of lawmakers, and a host of tech companies but was opposed by all but a handful of Republicans, some of whom were divided over the reason for their opposition.

Sen. Rand Paul (R-Ky.), who earlier this year filed a lawsuit over NSA phone surveillance, urged defeat of the bill, arguing that it didn't go far enough to restrict the NSA's surveillance powers.

"One common misconception is that the Patriot Act applies only to foreigners -- when in reality, the Patriot Act was instituted precisely to widen the surveillance laws to include US citizens," Rand said in a statement after the vote. "Today's vote to oppose further consideration of the Patriot Act extension proves that we are one step closer to restoring civil liberties in America."

Others such as Marco Rubio (R-Fla.) argued that the legislation would diminish US defenses in the face of a growing terrorist threat.

"As the rise of ISIL has demonstrated, the world is as dangerous as ever, and extremists are being cultivated and recruited right here at home," Rubio said in a statement. "This legislation would significantly weaken and, in some cases, entirely do away with some of the most important counter-terrorism capabilities at our disposal, which is why I will not support it."

The Electronic Frontier Foundation, which had championed the bill, said it was disappointed in the vote but expressed optimism for its future.

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Bill curbing NSA surveillance programs blocked in Senate

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