[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 330 Introduced in House (IH)]







109th CONGRESS
  1st Session
H. CON. RES. 330

  Expressing the concern of Congress that the President's 2002 order 
authorizing electronic surveillance of United States persons without a 
warrant violates existing law prohibiting such electronic surveillance, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 22, 2005

  Mrs. Tauscher (for herself and Mr. Conyers) submitted the following 
   concurrent resolution; which was referred to the Committee on the 
  Judiciary, and in addition to the Select Committee on Intelligence 
 (Permanent Select), for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  Expressing the concern of Congress that the President's 2002 order 
authorizing electronic surveillance of United States persons without a 
warrant violates existing law prohibiting such electronic surveillance, 
                        and for other purposes.

Whereas the Federal Government has a duty to gather information about threats to 
        the United States in a timely manner to prevent, disrupt, or otherwise 
        mitigate potentially devastating attacks on the United States;
Whereas a legal framework has been established through the Foreign Intelligence 
        Surveillance Act of 1978 (FISA) to govern the use of electronic 
        surveillance to acquire foreign intelligence information;
Whereas the standard of proof required for issuance of an order authorizing 
        electronic surveillance or a physical search under FISA is a showing of 
        probable cause that the subject of such order is a foreign power or an 
        agent of a foreign power;
Whereas under FISA, the President may authorize electronic surveillance to 
        acquire foreign intelligence information for up to one year without a 
        court order in certain situations;
Whereas in urgent situations, the National Security Agency may conduct 
        electronic surveillance for 72 hours before being required to seek 
        retroactive permission from the Foreign Intelligence Surveillance Court;
Whereas the Uniting and Strengthening America by Providing Appropriate Tools 
        Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 
        2001 (Public Law 107-56), signed by President Bush, expanded the scope 
        of FISA by providing for multipoint electronic surveillance authority 
        and expanded use of pen registers and trap and trace devices and access 
        to business records;
Whereas other legislation, including the Intelligence Reform and Terrorism 
        Protection Act of 2004 (Public Law 108-458), further expanded 
        authorities under FISA;
Whereas during 2004, the Foreign Intelligence Surveillance Court approved 1,754 
        of the 1,758 requests for an order authorizing electronic surveillance 
        or a physical search submitted by the Federal Government, during 2003, 
        such Court approved 1,724 of 1,727 such requests, during 2002, such 
        Court approved 1,228 of 1,228 such requests, during 2001, such Court 
        approved 934 of 934 such requests, during 2000, such Court approved 
        1,012 of 1,012 such requests, and in 1999, such Court approved 880 of 
        886 such requests, with the remaining 6 being approved in 2000;
Whereas it was reported by the New York Times on December 15, 2005, that 
        President Bush signed an order in 2002 authorizing the National Security 
        Agency to listen to conversations of citizens of the United States as 
        well as foreign nationals in the United States without seeking approval 
        from the Foreign Intelligence Surveillance Court;
Whereas it was reported that under this program, the National Security Agency 
        eavesdrops without warrants on up to 500 people in the United States at 
        any given time; and
Whereas current law forbids warrantless electronic surveillance of United States 
        persons: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That Congress--
            (1) expresses deep concern that the President's 2002 order 
        authorizing electronic surveillance of United States persons 
        without a warrant violates existing law prohibiting such 
        electronic surveillance;
            (2) urges the President to rescind the 2002 order 
        authorizing such electronic surveillance of United States 
        persons without a warrant;
            (3) notes that the Foreign Intelligence Surveillance Court 
        has proved to be an expeditious means of assuring approval of 
        warrant requests and has responded favorably to nearly all 
        warrant applications;
            (4) reiterates its support for maintaining a careful 
        balance between national security and the privacy of Americans;
            (5) urges the President to report to Congress on the number 
        of United States persons who were the subject of electronic 
        surveillance without a warrant, the rationale for the selection 
        of such persons for such surveillance instead of pursuing an 
        order under the Foreign Intelligence Surveillance Act of 1978, 
        and the plots or other terrorist actions that were defeated 
        subsequent to the use of this authority; and
            (6) calls on the President to submit a request for 
        legislation to Congress to amend such Act if the President 
        considers it to be in need of reform.
                                 <all>