The Patriot Act expired at midnight Sunday, in what has turned into a power play between the senators of Kentucky – Rand Paul, who vowed to end the Patriot Act, and Majority Leader Mitch McConnell. In this round, McConnell ended up blinking first when there were not enough votes to extend the Patriot Act in its current form, even for a few days. McConnell is now forced to take up the House’s “USA Freedom Act” bill for consideration instead.

With no other options, Senate Majority Leader Mitch McConnell, in an about-face, reluctantly embraced a House-passed bill that would extend the anti-terror provisions, while also remaking the bulk phone collections program.

Although the lapse in the programs may be brief, intelligence officials warned that it could jeopardize Americans’ safety and amount to a win for terrorists. But civil liberties groups applauded as Paul, who is running for president, forced the expiration of the once-secret program made public by NSA contractor Edward Snowden, which critics say is an unconstitutional intrusion into Americans’ privacy.

The Senate voted 77-17 to move ahead on the House-passed bill, the USA Freedom Act, which only last weekend fell three votes short of the 60 needed to advance in the Senate. For McConnell, it was a remarkable retreat after objecting ferociously that the House bill would make the bulk phone collections program dangerously unwieldy by requiring the government to search records maintained by phone companies.

“It’s not ideal but, along with votes on some modest amendments that attempt to ensure the program can actually work as promised, it’s now the only realistic way forward,” McConnell said.