though. we get it, too. thank you so much, we appreciate it. thank you so much for starting your morning with us. >> next hour of "new day" starts right now. it's the countdown in the senate. hours left until key and controversial parts of the patriot act expire. we will talk to the congressman behind the house bill that the senate will consider today. sad news today, as the son of vice president beau biden passes away. i am christi paul. >> i am victor blackwell. it's coming down to the wire for the patriot act. >> if they don't reach an agreement, key parts of the

patriot act expire at midnight. cnn national correspondent, sun land saw sraury joins us now. >> it doesn't look likely they will void a lapse, and they are at this hour not a clear way for this. when the senate comes back into session at 4:00 p.m., senator rand paul vowed to do all he can to stop the surveillance programs unless significant changes, he says, are made to weaken the government surveillance powers. he tweeted this out yet. quote, there has to be another way, we must find it together so tomorrow i will force the expiration of the nsa illegal spy program. senate majority leaders office says we will pass legislation today and it's not clear what day they will work to pass the legislation it will be in likely

unless they pick up the house passed bill there will be a lapse. >> what are the key provisions that will expire, first of all? >> the most controversial aspect is the government's bulk data collection, the phone records where they collect phone calls made and the numbers called and the lengths of the call but doesn't contain the contents of the call, and then things like allowing the government to seek a court order for business records and things like hotel bills and bank records, and wiretaps, and the ability to track nonamerican lone wolfs. the government has argued these are critical tools they need to tract terrorists but they are having a hard time of pointing to specific examples were these provisions singularly prevented

a terrorists attack. >> here is president obama friday in the oval office. >> i don't want us to be in a situation in which for a certain period of time those authorities go away and suddenly we are dark, and heaven forbid, we's got a problem where we could have presented a terrorists attack or apprehended somebody who was engaged in dangerous activity but did not do so because of inaction in the senate. >> the president also there called out a handful of senators that he said are standing in the way of this happening, and that was a not-so-subtle dig that the president made at senator rand paul. >> always good to see you. and robert goodlatte is joining us, and he is

representing a district in virginia. thank you for being with us this morning. >> good to be with you. >> congressman, what is your reaction to what is going on in the senate? this is a rare and unique territory where house republicans and the white house are on the same side of an argument? >> yes, house democrats, too. the bill, the usa freedom act that ends the bulk collection of data that has been so-called controversial and not just under the section 215 of the patriot act, but under several other statutes, and not just telephone metadata but any kind of metada metadata. our central rules put them in a situation where one senator is able to delay this process. we are hopeful that the reformed bill, the house-passed bill, which would allow the other sections of the patriot act to

continue, and the traditional uses of it, not this bulk data collection, would be allowed to continue. it expires at midnight tonight, and if the senate can't get their act together they could go several days without those laws being available to protect american citizens from suspected terrorists. >> you mention this one senator, and let's call his name, senator rand paul of kentucky running for the gop nomination, he promises the patriot act, what he calls the nsa legal spying program will expire today. listen to the senator's comments. >> there is no constitutional justification for the government to collect all of your phone records without your name on a warrant without suspicious, and not signed by a judge. your privacy is yours and your records are yours and the government needs to leave us alone. >> so that is the one senator you are naming. what is your response to his

comments? >> that's the irony of it because the house-passed bill does just that, it ends government bulk collection of data, and not just the telephone me metadata, and i understand presidential politics, and i understand sometimes people have to make their point but the point here really is that the house has acted and the senate needs to act and we can have very strong protection of our sreufl liberties if we are able to get this bill passed by the senate and signed into law by the president and we will still have strong national security protections as well to keep america safe from terrorism. >> you say it ends the bulk collection of the metadata, but it's not the compromise that is being considered or will be considered this afternoon, is that meta data will be held by

the telephone companies and requested by the government, so it's still collected and held in the case that the government wants it? >> no, the house-passed bill says you can go to the telephone companies with a court order, and this is different than the way the current program works, and with a court order and ask for specific data, but you cannot ask for and collect bulk data as has been done by the nsa for the past couple years. >> 20 seconds, mr. chairman, are you optimistic or do you believe there will be a lapse and this will not be passed tonight by the senate? >> the house operates under different rules than the senate and the senate rules when you are up against a deadline like this and particular intelligence gathering under court orders would be required to halt for a period of time until the senate rules allow them to proceed is concerning to me, and i hope

they find a way to get it done today and if not today then as quickly as possible, because it needs to be sent to the president and signed into law. >> thank you for joining us. >> thank you. the patriot act is going to be a big part of the conversation on today's state of the union with jim scuitto today. >> yeah, down to the wire and a few hours to go unless there is action on capitol hill. >> is there a sense politicians are playing politics with the nation's national security? >> it's a continuation of debate that has gone on more than a year now since edward snowden's revelations put this into the public spotlight, and that debate, it's a substantive debate, and the fact that it's coming up to the final day is more of what we have come to expect in washington.

it really comes down to, you know, how much of these powers are necessary, and do they work, and which ones are necessary, and as you look at this legislation that is there, it actually does include reforms, for instance, the phone meta data that created a big controversy here. that's going to be held by the phone companies, but there are lawmakers that have hard questions, and rand paul and angus king has questions, too. we are very much down to the wire. it will be interesting to see where this vote goes. >> we will be watching. thank you so much. >> thank you. hope you will be watching, too. "state of the union" starts at the top of the hour here on cnn. we want to give you an update, john kerry has been

flown by helicopter to the hospital and did break his right femur in a bike accident. he was in europe to participate in a series 6 diplomatic talks and he will try to participate in some of the meetings remotely, we are told. vice president joe biden and his family a. difficult morning for them as they mourn the death of his eldest son, beau biden. we will have reactions from washington in a moment. boys? (music) stop less, go more. the passat tdi clean diesel with up to 814 hwy miles per tank. hurry in, and you can get 0% apr for 72 months on 2015 passat tdi models

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really difficult morning today for the family of vice president, joe biden. his 46-year-old son, beau, passed away yesterday following a battle with brain cancer, and in a statement yesterday he called his son, the finest man we have ever known. joe johns takes a look back at the life of beau biden. >> good evening, i am beau biden, and joe biden is my dad. >> beau biden was the eldest son of vice president biden. he left this office just this past january, and born in

wilmington in 1969, his child marched by a tragic car accident. >> my mom went to buy a christmas tree and on the way home we were in an automobile accident, my mom and my sister were killed, and my brother hunter and i were seriously injured and hospitalized for weeks. i was just short of 4 years old, and one of my earliest memories was being in that hospital and my dad always at our side. >> beau biden and his father would remain close even as the elder biden would become vice president. >> i went out to a parent and teacher thing on saturday night and my mom and dad babysat. >> beau biden put a special focus on prosecuting crimes against children and took his talent in the law in the military, serving a year in iraq. >> today i come as you prepare

to deploy, as a father, a father that got some advice from his son this morning, dad, keep it short, we are in formation. biden announced his intention to run for governor in delaware in 2016, but had health troubles, and suffering a stroke in 2010 and then being admitted into a houston hospital for a brain lesion. >> he was evaluated at a hospital after what is being called of disorientation and weakness. >> biden, 46, leaves a wife and two children. >> president obama had this to say about beau biden. >> for all that beau biden achieved in his life, and nothing made him prouder, nothing made him happier, nothing claimed a fuller focus of his love and devotion than his family. just like his dad.

and then the escalating effort for china, and the u.s. is refusing to recognize china's claims there. u.s. secretary of defense, ash carter, had stern words for china on saturday and called for a immediate and lasting halt to china's land reclamation in the sea. >> there should be no mistake, united states will fly, sail, and operate wherever international law allows, as u.s. forces do all over the world. america, alongside its allies and partners in the regional architecture will not be detoured from exercising these rights, the rights of all nations. after all, turning an underwater rock into an airfield simply does not afford the rights of sovereignty or permit restrictions in international air or merit time transit. >> tphaochina is raising concer

that it's trying to militarize the area. five prisoners swapped for bergdahl may be traveling today, and authorities in the u.s. and qatar are scrambling to prevent this from happening.

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weekend, this travel band and the restrictions on taliban detailees swapped for bowe bergdahl last year is set to expire. in other words, former high ranking taliban officials could be free to leave qatar and rejoin the taliban now. >> they were traded for bowe

bergdahl a year ago, and they soon may be able to return to the battlefield in afghanistan. they have been living in qatar for the past 12 months and were not able to leave the country but that ban is set to expire. there is the possibility of the expanding the travel ban, but no announcement has been made. bowe bergdahl was captured by the taliban for five years after leaving his post, and he was charged with desertion. one of the men monitored in qatar contacted militants while members of the al qaeda affiliated network travelled to qatar.

members of congress fear the taliban 5 will play an even more direct role in attacks against the u.s. soldiers if they are set free. >> thank you so much. let's talk politics now, as the field grows for the race for the white house, and there are so many people running on the gop side, a man not even in the race yet is leading the pack on the gop side of the race, and we will tell you who, next. i love making sunday dinners. but when my back hurt, cooking all day... forget about it. tylenol was ok, but it was 6 pills a day. but aleve is just 2 pills all day. and now, i'm back! aleve.

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in the race for the white house, and they say wisconsin governor, scott walker, expanding his early lead in iowa. a new poll shows him with a seven-point lead in that state, and senator rand paul, and ben carson and jeb bush and huckabee round out the top five. he is expected to declare his candidacy this summer after finishing work on his state's budget. and then other top stories.

a bizarre story out of hawaii when he was killed after he was empaled by a swordfish. after the fish was hit with the sphere it punctured the man in his torso. police and state conservation officers are still investigating. doesn't look like your average plane, does it? >> it does not. >> because it isn't. it's a one-of-a-kind plane powered by solar energy alone and it uses no fuel and for the next five to six days, one pilot, yes, one, will attempt to trek from china to hawaii, and that's nearly 5,000 miles. >> takes off at night, a solar

powered plane. >> good luck with that and hope it all goes well. make good memories out there today. >> inside politics with john king starts right now. martin o'malley asks democrats to consider a younger and fresher face. >> i am a candidate for the president of the united states and i am running for you. >> hillary clinton remains the faraway frontrunner, and uses his experience as a punch line. >> i have been coloring my hair for years and you are not going to see me turn gray in the white house. >>