JON TESTER Se is Wnited States Senate om GOVERNMENTAL A April 13, 2015 ‘The Honorable Eric H. Holder, Jr. The Honorable Michele M. Leonhart Attorney General of the United States Administrator Department of Justice Drug Enforcement Administration 950 Pennsylvania Avenue, N.W. 8701 Morissette Drive Washington, D.C. 20530 Springfield, VA 22152 Dear Attorney General Holder and Administrator Leonhart: | write with serious concems regarding media reports that the Department of Justice, and particularly the Drug Enforcement Agency (DEA), tracked and collected billions of international phone calls from U.S. citizens as part of a far-reaching program that began as carly as 1992 and was only recently discontinued. As reported, these actions represent a troubling infringement upon the privacy rights of countless law-abiding Americans over four different Administrations. With portions of the PATRIOT Act expiring this year, these reports may only further undermine public confidence in the ability of your agencies to adequately protect the privacy rights of law-abiding Americans. Indeed, itis critical that the Justice Department comes forward in the most transparent manner possible to provide additional information to ensure the public and Congress fully understand the scope of this program and receive clear assurances that the privacy rights of Americans are no longer being compromised by this program. These recent media reports indicate that the data collection began in 1992 under President George H.W. Bush and that the program was subsequently approved by top Justice Department officials in each of the succeeding three Administrations -- targeting Americans’ phone calls to as many as 116 countries over two decades. Instead of focusing the program on individuals suspected to be involved in criminal activity, the Justice Department is said to have ordered telephone companies to turn over entire lists of all the calls placed by Americans to these various countries. This raises numerous questions about the legality of the program, and represents an unacceptable breach of privacy. Further, I am troubled by the apparent absence of independent oversight of this program, particularly as it's reported that the DEA gathered these phone records without court approval. Moving forward, I would specifically like to know: © What calendar years this program was active; © What was the legal justification for the actions carried out through this program; * Is the Justice Department or DEA still in possession of any call records obtained through this program; © If not, when was that data purged; © And if so, under what legal basis and why? Bazza burr Gienowe rear Fas Hevena Kau (406) 596-4450 (06) 723-2077 206) 965-2391 (aoe) 452-9585 1406) 449-8401 (aoe) 257-2560 Buunes© How long were these records kept after the data was found to be irrelevant to ongoing investigations; Who was the arbiter of what records were pertinent to these investigat ‘What metrics were used to determine the relevance of the call records; How long were records kept before such a determination was made? ns; Montanans, like all Americans, are rightly concemed by these recent revelations and deserve a transparent accounting of the program’s history and current status. They expect and deserve a higher level of privacy than what has been detailed in the reporting on this particular program. I appreciate your attention to this matter and await your response. Jon Tester