President Barack Obama is calling on Congress to reach a deal to reform and extend Patriot Act provisions that are set to expire on Monday.

The National Security Agency's metadata collection program has allowed the agency to collect and store phone data on Americans.

A new bill, the USA Freedom Act, would end bulk collection of telephone records by the NSA, but it would allow the agency to search phone company records with a warrant. 

The House passed the bill, but it didn't pass in the Senate last week. 

Attorney General Loretta Lynch said that inaction from the Senate would create "a serious lapse" in the government's ability to protect Americans 

On "Shepard Smith Reporting" today, Judge Andrew Napolitano explained what the problem is with the Patriot Act. 

"The problem is the Fourth Amendment to the Constitution, which says that warrants have to be based on evidence and they have to specifically describe the person to be seized or the place to be searched," Napolitano stated. 

He said that there are two other provisions in the law that the NSA relies on, which will cause the agency to continue to spy on Americans.   

"One of those is a section of the FISA law called Section 702," Napolitano explained. "And one of them is a still existing executive order signed by President George W. Bush in the fall of 2001, which has not been tinkered with, interfered with, or rescinded."

Napolitano said that the "NSA will continue to spy, because they are a part of the military and if the commander-in-chief tells them to spy, they'll spy."

Watch the full video above. 

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