[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 350 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
S. RES. 350

  Expressing the sense of the Senate that Senate Joint Resolution 23 
 (107th Congress), as adopted by the Senate on September 14, 2001, and 
  subsequently enacted as the Authorization for Use of Military Force 
 does not authorize warrantless domestic surveillance of United States 
                               citizens.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 20, 2006

    Mr. Leahy (for himself and Mr. Kennedy) submitted the following 
    resolution; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
  Expressing the sense of the Senate that Senate Joint Resolution 23 
 (107th Congress), as adopted by the Senate on September 14, 2001, and 
  subsequently enacted as the Authorization for Use of Military Force 
 does not authorize warrantless domestic surveillance of United States 
                               citizens.

Whereas the Bill of Rights to the United States Constitution was ratified 214 
        years ago;
Whereas the Fourth Amendment to the United States Constitution guarantees to the 
        American people the right ``to be secure in their persons, houses, 
        papers, and effects, against unreasonable searches and seizures'';
Whereas the Fourth Amendment provides that courts shall issue ``warrants'' to 
        authorize searches and seizures, based upon probable cause;
Whereas the United States Supreme Court has consistently held for nearly 40 
        years that the monitoring and recording of private conversations 
        constitutes a ``search and seizure'' within the meaning of the Fourth 
        Amendment;
Whereas Congress was concerned about the United States Government 
        unconstitutionally spying on Americans in the 1960s and 1970s;
Whereas Congress enacted the Foreign Intelligence Surveillance Act of 1978 (50 
        U.S.C. 1801 et seq.), commonly referred to as ``FISA'', to provide a 
        legal mechanism for the United States Government to engage in searches 
        of Americans in connection with intelligence gathering and 
        counterintelligence;
Whereas Congress expressly enacted the Foreign Intelligence Surveillance Act of 
        1978, and specified provisions of the Federal criminal code (including 
        those governing wiretaps for criminal investigations), as the 
        ``exclusive means by which domestic electronic surveillance ... may be 
        conducted'' pursuant to law (18 U.S.C. 2511(2)(f));
Whereas the Foreign Intelligence Surveillance Act of 1978 establishes the 
        Foreign Intelligence Surveillance Court (commonly referred to as the 
        ``FISA court''), and the procedures by which the United States 
        Government may obtain a court order authorizing electronic surveillance 
        (commonly referred to as a ``FISA warrant'') for foreign intelligence 
        collection in the United States;
Whereas Congress created the FISA court to review wiretapping applications for 
        domestic electronic surveillance to be conducted by any Federal agency;
Whereas the Foreign Intelligence Surveillance Act of 1978 provides specific 
        exceptions that allow the President to authorize warrantless electronic 
        surveillance for foreign intelligence purposes (1) in emergency 
        situations, provided an application for judicial approval from a FISA 
        court is made within 72 hours; and (2) within 15 calendar days following 
        a declaration of war by Congress;
Whereas the Foreign Intelligence Surveillance Act of 1978 makes criminal any 
        electronic surveillance not authorized by statute;
Whereas the Foreign Intelligence Surveillance Act of 1978 has been amended over 
        time by Congress since the September 11, 2001, attacks on the United 
        States;
Whereas President George W. Bush has confirmed that his administration engages 
        in warrantless electronic surveillance of Americans inside the United 
        States and that he has authorized such warrantless surveillance more 
        than 30 times since September 11, 2001; and
Whereas Senate Joint Resolution 23 (107th Congress), as adopted by the Senate on 
        September 14, 2001, and House Joint Resolution 64 (107th Congress), as 
        adopted by the House of Representatives on September 14, 2001, together 
        enacted as the Authorization for Use of Military Force (Public Law 107-
        40), to authorize military action against those responsible for the 
        attacks on September 11, 2001, do not contain legal authorization nor 
        approve of domestic electronic surveillance, including domestic 
        electronic surveillance of United States citizens, without a judicially 
        approved warrant: Now, therefore, be it
    Resolved, That Senate Joint Resolution 23 (107th Congress), as 
adopted by the Senate on September 14, 2001, and subsequently enacted 
as the Authorization for Use of Military Force (Public Law 107-40) does 
not authorize warrantless domestic surveillance of United States 
citizens.
                                 <all>