Well, they did create a new proposed law - the USA Freedom Act, which is what the House passed, and is the only option if the Senate doesn’t want to have the Patriot Act go away entirely at midnight.
Admittedly, I don’t know a lot about the differences between the Patriot Act and the USA Freedom Act, but I know it does eliminate the bulk data collection that many have had concerns about.
The USA Freedom Act passed fairly easily in the House, and fell three votes short in the Senate. The plan had been to re-vote on USA Freedom tonight, but Rand Paul and to force a delay, meaning the whole thing will expire.
You’re absolutely right. But McConnell and his ilk do not want the Patriot Act amended AT ALL. He would not allow any amendments and does not like the USA Freedom Act because it amends the Patriot Act. He made sure the USA Freedom Act did not achieve cloture so that he could push senators up against a wall so they would just HAVE to renew the law unattended, or at least extend it.
But Paul’s not playing. And it’s McConnell who’s now backed against a wall, forced to “submit or else!”