Congress continues to exercise oversight of the Federal Bureau of Investigation's (FBI) misuse of USA PATRIOT Act powers. The Senate Judiciary Subcommittee on the Constitution, Civil Rights and Property Rights held a hearing on the Department of Justice (DOJ) Inspector General report on the misreporting and abuse of National Security Letter (NSL) powers. A common theme from the four witnesses at the hearing was the need for Congress to reform the USA PATRIOT Act and curtail the FBI's NSL powers.

The Senate has continued its efforts to establish some level of oversight of the National Security Administration (NSA) warrantless spying program. The Senate Judiciary Committee held another hearing on the program, while three Senate bills have been introduced to establish congressional control over the program.

According to reports, the Department of Homeland Security (DHS) is developing a program to collect and search a wide array of personal, public and classified information, similar to a program killed by Congress in 2002. The Analysis, Dissemination, Visualization, Insight, and Semantic Enhancement (ADVISE) program would implement a massive data mining program to prevent terrorist attacks; the program, however, continues to lack the necessary oversight structure and procedures to protect privacy and safeguard civil liberties.

Attorney General Alberto Gonzales defended the Bush administration's policy of warrantless domestic surveillance before the Senate Judiciary Committee on Feb. 6. The administration's authorization of warrantless eavesdropping by the National Security Agency (NSA) on international calls of U.S. citizens has come under fire since news of the program was first leaked to the press in December 2005.