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The National Security Agency has begun winding down its collection and storage of American phone records after the Senate failed to agree on a path forward to change or extend the once-secret program ahead of its expiration at the end of the month.

Barring an 11th hour compromise when the Senate returns to session May 31, a much-debated provision of the Patriot Act — and some other lesser known surveillance tools — will sunset at midnight that day. The change also would have a major impact on the FBI, which uses the Patriot Act and the other provisions to gather records in investigations of suspected spies and terrorists.