has this story. >> reporter: on capitol hill, time is almost up and the scramble in the senate is about to be on. >> we shouldn't surrender the tools that help keep us safe. >> reporter: unless the senate acts at midnight tonight key provisions of the patriot act will expire. >> the bulk phone program operates under this. it collects numbers dialed and how long calls lasted but does not capture the contends of conversation and other surveillance provisions set to expire, one allowing the government to seek a court order, roving wire taps for burned phones and the ability too track an american lone wolf all thousanders the united states claims are ee sectional -- essential to fighting terrorists. >> it would be irresponsible, reckless and shouldn't happen. >> reporter: the house passed a bill supported by the administration which would extend the key provisions. that telephone data would be kept in the hands of phone