(On Thursday, the C.I.A. also released a redacted version of a report describing its tracking of international financial data under Executive Order 12333 as part of the agency’s efforts to combat the Islamic State.)
In 2015, Congress banned bulk collection of telecommunications metadata under the Patriot Act and limited other types of bulk collection by the F.B.I. under laws governing domestic activities like the Foreign Intelligence Surveillance Act, or FISA.
Yet “the C.I.A. has secretly conducted its own bulk program” under Executive Order 12333, the senators wrote.
“It has done so entirely outside the statutory framework that Congress and the public believe govern this collection, and without any of the judicial, congressional or even executive branch oversight that comes with FISA collection,” the letter continued. “This basic fact has been kept from the public and from Congress.”
In a statement, Kristi Scott, the C.I.A.’s privacy and civil liberties officer, defended the agency’s conduct.
“C.I.A. recognizes and takes very seriously our obligation to respect the privacy and civil liberties of U.S. persons in the conduct of our vital national security mission, and conducts our activities, including collection activities, in compliance with U.S. law, Executive Order 12333 and our attorney general guidelines,” she said. “C.I.A. is committed to transparency consistent with our obligation to protect intelligence sources and methods.”
But in their letter, Mr. Wyden and Mr. Heinrich pressed the C.I.A. to declassify the nature of its relationship with the sources — presumably companies providing the data — along with the kinds of records it was collecting and “the rules governing the use, storage, dissemination and queries (including U.S. person queries) of the records.”