By Athena Jones, Ted Barrett and Deirdre Walsh, CNN
Published
8:07 PM EDT, Tue May 19, 2015
(CNN) —
The two top Republicans on Capitol Hill are locked in an unusual standoff over the nation’s ability to continue conducting surveillance operations to track potential terror threats.
With less than two weeks to go before the National Security Agency surveillance program’s authority expires, House Speaker John Boehner and Senate Majority Leader Mitch McConnell – who both stress the need for the program – are at odds over how to renew it.
The disagreement centers on whether it should be the responsibility of the government or telecommunications companies to store phone records. McConnell wants to see the current law extended as it is. Boehner, however, favors the USA Freedom Act, a law overwhelmingly passed by the House last week that would have the companies hold onto the data, which could only be accessed by intelligence agencies through authorization from special courts.
Both Democratic and Republican proponents of the law admit that they aren’t confident the dispute will be resolved in time to avoid a disruption in the program that was put in place after the 9/11 attacks.
“The House had an overwhelmingly large vote for the USA Freedom Act. It’s time for the Senate to act,” Boehner said Tuesday after he was asked about McConnell’s opposition to the law. “I don’t try to suggest what the Senate should or shouldn’t do. But the Senate needs to act, and when they act, we’ll get the next step.”
Boehner sidestepped a question on whether he would support a short-term extension of the current law or another compromise proposal, repeating that the Senate needed to deal with the issue. It’s an argument being echoed by Senate Democrats. New York Sen. Chuck Schumer, the third highest-ranking Senate Democrat, said McConnell was “alone on an island” and that the broad support for the USA Freedom Act in the House was like a “boat” being offered to McConnell to get off that island.
Minority Leader Harry Reid also pointed to the strong bipartisan vote for the reform bill in the House and called the path in the Senate “extremely clear.” Reid also referred to the current law as “illegal,” a reference to a recent federal appeals court ruling that Congress had not specifically authorized the data collection program when it approved the Patriot Act in the wake of the 2001 terror attacks.
“We should reform the NSA’s illegal spying powers. Extending an illegal program would be deeply irresponsible, especially when bipartisan reform is on the table,” Reid said. “One hundred and ninety Republicans voted for it in the House. How can Republicans over here say that’s not good enough?”
McConnell said Tuesday there would be a vote on the USA Freedom Act in the Senate this week, but while Schumer said “almost all the Democrats” would vote for the legislation, it is not clear the bill can get the 60 votes needed to clear the chamber. McConnell has put forward a bill to extend the current law as is for 60 days, a move supported by top Senate Republican leaders, but it is not clear whether that bill has enough support to pass, either.
Photos: Sen. Mitch McConnell's political career
Sen. Mitch McConnell speaks to members of the media after a weekly Senate Republican Policy Luncheon in December 2014 in Washington. For 30 years, McConnell has represented Kentucky in the Senate, and this year he went from minority leader to majority leader after the GOP swept to power in the midterm elections. Click through to see other moments from McConnell's political career.
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Photos: Sen. Mitch McConnell's political career
Senate Majority Whip John Cornyn, left, McConnell, Israeli Prime Minister Benjamin Netanyahu, and Senate Minority Leader Sen. Harry Reid, D-Nevada, pose for photos at the U.S. Capitol in Washington on March 3, the day of Netanyahu's controversial speaking engagement before a joint session of Congress.
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Photos: Sen. Mitch McConnell's political career
President Barack Obama sits beside McConnell before a meeting in the Cabinet Room at the White House on January 13.
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Photos: Sen. Mitch McConnell's political career
A voter gives a thumbs-down as McConnell votes in the midterm elections in November 2014 in Louisville, Kentucky.
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Photos: Sen. Mitch McConnell's political career
McConnell waves to a crowd while riding with his wife, Elaine Chao, in the Hopkins Country Veterans Day Parade in November 2014 in Madisonville, Kentucky.
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Photos: Sen. Mitch McConnell's political career
McConnell and Kentucky Secretary of State Alison Lundergan Grimes, his Democratic opponent in the 2014 election, sit with "Kentucky Tonight" host Bill Goodman before their debate in October in Lexington.
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Photos: Sen. Mitch McConnell's political career
McConnell talks with supporters at a campaign rally in Hindman, Kentucky, during a two-day bus tour of the eastern part of the state in August 2014.
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Photos: Sen. Mitch McConnell's political career
McConnell walks with "America's Got Talent" contestant Jimmy Rose to a news conference on the economic ramifications of the Environmental Protection Agency's proposed power plant rules in July 2014.
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Photos: Sen. Mitch McConnell's political career
McConnell and Chao wave to supporters at a victory celebration following McConnell's victory in the Republican senatorial primary on May 20, 2014, in Louisville, Kentucky.
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Photos: Sen. Mitch McConnell's political career
McConnell carries a musket onstage before his speech during the American Conservative Union's Conservative Political Action Conference (CPAC) in National Harbor, Maryland, in March 2014.
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Photos: Sen. Mitch McConnell's political career
McConnell and fellow Republican Rand Paul, Kentucky's junior senator, attend an event in the East Room of the White House in July 2013.
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Photos: Sen. Mitch McConnell's political career
McConnell points to a stack of papers representing what he says are the regulations associated with the Affordable Care Act as he speaks at the 2013 CPAC in National Harbor, Maryland.
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Photos: Sen. Mitch McConnell's political career
Senate Majority Leader Harry Reid, D-Nevada, and McConnell listen during a dedication ceremony of the statue of former President Gerald Ford at the Rotunda of the U.S. Capitol in May 2011.
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Photos: Sen. Mitch McConnell's political career
McConnell answers questions from reporters at the Capitol in September 2007.
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Photos: Sen. Mitch McConnell's political career
McConnell introduces then-President George W. Bush at a National Republican Senatorial Committee Reception in Washington in October 2006.
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Photos: Sen. Mitch McConnell's political career
Then-Senate Majority Leader Bill Frist, R-Tennessee, center, is flanked by McConnell, Sen. John Cornyn, R-Texas, and then-Sen. Kay Bailey Hutchinson, R-Texas, as he speaks to reporters after a Senate vote in May 2005.
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Photos: Sen. Mitch McConnell's political career
McConnell poses with wife Elaine Chao at the 128th running of the Kentucky Derby at Churchill Downs in Louisville in May 2002.
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Photos: Sen. Mitch McConnell's political career
McConnell, left, Sen. Trent Lott, R-Mississippi, Vice President Dick Cheney, President George W. Bush, Sen. Strom Thurmond, R-South Carolina, and House Speaker Dennis Hastert, R-Illinois, are pictured during Bush's inauguration to his first term on January 20, 2001.
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Photos: Sen. Mitch McConnell's political career
Sen. Christopher Dodd, D-Connecticut, and McConnell hammer the "first nails" into a piece of wood during a nail-driving ceremony in December 2000 on Capitol Hill. Both senators participated in the ceremony to signify the beginning of construction of the 2001 Inaugural platform on the West Front Terrace of the U.S. Capitol.
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Photos: Sen. Mitch McConnell's political career
Sen. Robert Byrd, D-West Virginia, and McConnell enter the "Old Senate Chamber" in January 1999 to attend a bipartisan caucus to possibly establish rules and guidelines for the impeachment trial of President Bill Clinton.
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House leaders say they plan to wrap up work and leave town Thursday for a week-long recess for the Memorial Day holiday, potentially before the Senate votes.
Senate Intelligence Committee Chairman Richard Burr said Monday he is trying to find a compromise that would keep the data in the hands of the government for now but eventually transition it to the phone companies. He said if the Senate passes that bill or a separate short-term extension, the House could approve it when it reconvenes June 1 and not cause significant disruption to the surveillance program.
Such a plan is not likely to sit well with House members, who feel their big vote last week was a clear signal of what the House feels should become law.
“They ought to take the House-passed bill, which was passed overwhelmingly in bipartisan fashion, and pass that bill,” said Maryland Democratic Rep. Steny Hoyer, the second highest-ranking House Democrat. But he said he didn’t believe the Senate would be able to pass any NSA bill this week, citing a threat from Kentucky Republican Sen. Rand Paul to filibuster an extension.
Arizona Republican Sen. John McCain, who supports a clean extension of the Patriot Act, downplayed Paul’s ability to block the bill.
“He’ll get a lot of publicity for a day or so, but it won’t affect the process overall,” he said.
McCain was also asked what the split over the issue says about the Republican Party.
“It says that we ought to get our act together,” McCain replied.
Photos: John Boehner's political career
John Boehner has been the speaker of the U.S. House of Representatives since 2011, making him second in line for the presidency, behind the vice president. On September 25, Boehner told colleagues he's stepping down as speaker and will leave Congress at the end of October. Look back at his career in politics so far.
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Photos: John Boehner's political career
Pope Francis walks with Speaker Boehner and Vice President Joe Biden after delivering a speech to Congress in Washington on September 24.
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Photos: John Boehner's political career
Afghanistan President Ashraf Ghani (right) expresses his country's gratitude for America's fiscal commitment and military sacrifices during an address to a joint meeting of the United States Congress with Vice President Joe Biden (left) and Speaker of the House John Boehner (R-OH) in the House Chamber of the U.S. Capitol March 25 in Washington.
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Photos: John Boehner's political career
U.S. President Barack Obama walks with Speaker of the House John Boehner as they depart the annual Friend's of Ireland luncheon on Capitol Hill in Washington on March 17.
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Jim Watson/AFP/Getty Images
Photos: John Boehner's political career
U.S. Vice President Joe Biden and Speaker of the House John Boehner await the arrival of President Barack Obama for the State of The Union address on January 20 in the House Chamber of the Capitol.
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Photos: John Boehner's political career
The image of the Speaker of the House John Boehner (R-OH) is displayed in a monitor of a camera as he talks with reporters in his office in the Capitol in November 2014 in Washington.
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Photos: John Boehner's political career
Boehner blasts conservative groups during a press conference in December 2013 after passing a compromise budget deal aimed at removing the threat of another government shutdown. Fed up with criticism from conservative advocates, Boehner said they were "misleading their followers." He followed up with: "Frankly, I just think that they've lost all credibility."
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Photos: John Boehner's political career
Reporters question Boehner as he arrives at the U.S. Capitol as the government stalemate continued in October 2013. President Obama signed a bill on October 17 that ended the 16-day shutdown and raised the debt ceiling.
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Photos: John Boehner's political career
Boehner speaks to the media after a meeting with President Obama at the White House in October 2013, the second day of the federal government's recent shutdown. The White House squared off with Republican rivals in Congress over how to fund federal agencies, many of which were forced to close, leaving a fragile economy at risk.
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Photos: John Boehner's political career
Boehner is sworn in as the speaker of the House after his re-election in January 2013.
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Susan Walsh/AP
Photos: John Boehner's political career
Boehner presents golfing legend Arnold Palmer with the Congressional Gold Medal at a special ceremony in the Rotunda of the Capitol in September 2012.
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Photos: John Boehner's political career
On January 5, 2011, Boehner wipes away tears as he waits to receive the gavel from outgoing House Speaker Nancy Pelosi, D-California, during the first session of the 112th Congress.
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Charles Dharapak/AP
Photos: John Boehner's political career
Boehner hugs his wife, Debbie, after addressing the crowd at the NRCC Election Night watch party on November 2, 2010, when Republicans took back control of the House of Representatives. Boehner met his wife in college, and they have been married since 1973.
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Photos: John Boehner's political career
Boehner voices his concerns about the health care reform bill championed by Obama during a news conference in Washington on October 29, 2009.
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Photos: John Boehner's political career
Boehner, an avid golfer, talks with Tiger Woods while golfing at the Congressional Country Club in Bethesda, Maryland, in 2009.
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Photos: John Boehner's political career
Boehner, center, looks on as President Barack Obama speaks with then-House Majority Leader Steny Hoyer in the East Room of the White House on February 23, 2009. Boehner and Obama have butted heads over the years.
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Charles Dharapak/AP
Photos: John Boehner's political career
Boehner, center, and fellow Republican House members sing Boehner's birthday song during a news conference on Capitol Hill on November 17, 2006. Boehner served as the House Minority Leader from 2007 to 2011.
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Photos: John Boehner's political career
Boehner answers questions during an interview with Bloomberg in Washington on June 29, 2005.
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Photos: John Boehner's political career
President George W. Bush signs into law the federal education bill No Child Left Behind at a high school in Hamilton, Ohio, in 2002. The law offered the promise of improved schools for the nation's poor and minority children and better-prepared students in a competitive world. Boehner, second from right, backed the bill.
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Photos: John Boehner's political career
Boehner and House Majority Leader Dick Armey, R-Texas, listen to House Speaker Newt Gingrich at a 1997 news conference with entrepreneurs promoting the GOP tax relief plan.
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Photos: John Boehner's political career
Boehner dumps out coal, which he called a Christmas gift to President Clinton, during a news conference about the federal budget on December 21, 1995. Many government services and agencies were closed at the end of 1995 and beginning of 1996 as a Republican-led Congress battled Clinton over spending levels.
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Denis Paquin/AP
Photos: John Boehner's political career
Boehner at a Capitol Hill news conference on February 6, 1995. He has had a seat in the U.S. House of Representatives since 1990. Before that he was a member of the Ohio State House of Representatives for six years.
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John Duricka/AP
Photos: John Boehner's political career
Boehner, R-Ohio, holds a copy of the Constitution on Capitol Hill in Washington on May 7, 1992, as Sen. Don Nickles, D-Oklahoma, looks on. Both men proclaimed it was a historic day when the Michigan House ratified the 27th Amendment to the Constitution, which would require that any Congressional pay raises not go into effect until after the next election.
