By Siobhan Gorman And Michael R. Crittenden 

The U.S. Senate failed Tuesday to advance legislation overhauling a National Security Agency program that conducts bulk collection of Americans' phone data and other records under the Patriot Act, likely ending efforts to address surveillance concerns this year and leaving it to the new GOP-led Congress to sort out.

Supporters of the NSA measure needed 60 votes to advance it, but managed to garner only 58, while 42 voted against further consideration. Four Senate Republicans voted with 52 Democrats and two independents in favor of beginning debate on the measure. One Democrat--Sen. Bill Nelson of Florida--voted with 41 Republicans to block debate from moving forward.

Sen. Patrick Leahy (D., Vt.), chairman of the Senate Judiciary Committee and lead sponsor of the measure, had urged colleagues ahead of the vote to allow an open Senate debate on the matter.

"Let's not block this bill and say we want something better," Mr. Leahy said ahead of the vote. "Don't let this get bogged down in procedural flimflam that the American public hates."

Critics of the legislation said it hadn't received proper consideration within the Senate and voiced concern that it could leave the country vulnerable to more attacks, citing the extremist group Islamic State, also known as ISIS or ISIL.

"Now is not the time to be considering legislation that takes away the exact tools we need to combat ISIL," Senate Minority Leader Mitch McConnell (R., Ky.) said.

Mr. Leahy's bill, introduced over the summer, was considered the last chance for passing a surveillance overhaul this year. With the Republicans set to take over the Senate next year, it is unclear whether there will be momentum for an overhaul.

Mr. McConnell, who will assume leadership of the Senate next year, said provisions outlawing bulk collection of data by the government "would end one of our nation's critical capabilities to gather significant intelligence on terrorist threats."

But senators may have a reason to act next year. The portion of the Patriot Act that provides the legal underpinning for the NSA program that collects millions of phone records expires in June. The risk of losing the program entirely could motivate the Republican Congress to pass alternative legislation next year.

Mr. Leahy's bill would have reined in some surveillance practices, particularly the NSA's phone records program. It also would have ended so-called bulk collection of U.S. records from companies by spy and law-enforcement agencies, and required the government to issue narrower record requests to companies.

The measure would have increased public disclosure about spy activities involving U.S. data and established a privacy advocate at the secret Foreign Intelligence Surveillance Court.

The crosscutting politics of privacy issues mean that the surveillance bill has generated supporters and detractors in both parties, creating some interesting pairings. Sens. Mike Lee (R., Utah) and Ted Cruz (R., Texas), for example, are co-sponsors of the legislation along with Sen. Bernie Sanders (I., Vt.).

Sens. Cruz and Lee were among the four GOP lawmakers to vote with Democrats to move debate forward. The other two were Sens. Dean Heller of Nevada and Alaska's Lisa Murkowski.

Lawmakers in both parties began calling for an end to the bulk collection of phone records shortly after former NSA contractor Edward Snowden revealed details of the NSA's phone records program in 2013.

The proposal gained more support after a presidentially appointed NSA review panel recommended an end to the NSA's collection of phone records, suggesting the government find another way to get the information.

President Barack Obama then endorsed that approach, but said the NSA would need to come up with another way to obtain the data it needed on terrorism suspects. Intelligence leaders said they had developed a plan to obtain that data by conducting searches at the phone companies.

In recent days, Mr. Leahy's bill received backing from an eclectic array of outside groups, including major technology companies, the American Civil Liberties Union and the National Rifle Association.

The White House had issued a statement Monday saying it "strongly supports" the bill.

The measure also was backed by the presidentially appointed review group, which said in a letter Friday that the bill "is broadly consistent with the recommendations we made last year in our report on how to safeguard both liberty and security in a rapidly changing world."

The defeat marks a setback for technology companies--including Apple Inc., Google Inc. and Microsoft Corp.--which had supported the bill as a protection of their customers' privacy.

Backers said it was unlikely a similar measure would pass through a Republican Senate. "I just don't think the climate will be hospitable next year," said Laura Murphy, Washington director for the American Civil Liberties Union.

While some senators objected to the measure out of concern for U.S. national security, Sen. Rand Paul (R., Ky.) voted no because it would have extended a key section of the Patriot Act, a measure opposed by many conservative as well as liberal advocates of civil liberties.

"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," Sen. Paul said later.

Ms. Murphy said she believed the NSA bill fixed a problematic part of the Patriot Act. She also noted that several pending federal lawsuits are challenging surveillance programs, which could result in changes. "This was not our only recourse," she said.

Write to Siobhan Gorman at siobhan.gorman@wsj.com and Michael R. Crittenden at michael.crittenden@wsj.com

Access Investor Kit for Apple, Inc.

Visit http://www.companyspotlight.com/partner?cp_code=P479&isin=US0378331005

Subscribe to WSJ: http://online.wsj.com?mod=djnwires

Microsoft (NASDAQ:MSFT)
Historical Stock Chart
From Mar 2024 to Apr 2024 Click Here for more Microsoft Charts.
Microsoft (NASDAQ:MSFT)
Historical Stock Chart
From Apr 2023 to Apr 2024 Click Here for more Microsoft Charts.