“CIA mass (“bulk”) surveillance has been carried out “entirely outside the statutory framework, and without any judicial, congressional or even executive branch oversight. The nature and full extent was withheld even from the Senate Select Committee on Intelligence.”

Congress is complicit by, OMISSION OF ACTION.

Omission as Actus Reus – Criminal Liability Basics
Omission, or the failure to act, can sometimes be grounds for criminal liability if some action is required by statute.