Yep, there were 4 senators missing and Bernie was one of them.
The Senate on Wednesday passed an amendment to provide additional legal protections to targets of Foreign Intelligence Surveillance Act warrants and nearly approved new restrictions on the federal government's power to search internet history in a sign of bipartisan frustration over surveillance...
www.cnn.com
An amendment from GOP Sen. Steve Daines of Montana and Democratic Sen. Ron Wyden of Oregon was defeated by the narrowest of margins, falling one vote short of the 60 needed to pass, 59-37. The senators' amendment would have restricted the searches of browser and search history under FISA's Section 215, which grants federal authorities the ability to obtain tangible things under the FISA law in national security investigations.
Of the four senators who missed that vote -- Sens. Patty Murray of Washington state, Bernie Sanders of Vermont, Ben Sasse of Nebraska and Lamar Alexander of Tennessee -- at least one would have voted in favor. Murray's spokeswoman confirmed she backed the amendment, but was flying back to Washington, DC, from Washington state.