[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 640 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 640

  To require the President to transmit to Congress a report on every 
   program of the Federal Government that authorizes or requires the 
gathering of information on United States persons in the United States, 
established whether in whole or in part pursuant to the ``all necessary 
 and appropriate force'' clause contained in the Authorization for Use 
                 of Military Force (Public Law 107-40).


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 22, 2009

  Mr. Flake introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
  To require the President to transmit to Congress a report on every 
   program of the Federal Government that authorizes or requires the 
gathering of information on United States persons in the United States, 
established whether in whole or in part pursuant to the ``all necessary 
 and appropriate force'' clause contained in the Authorization for Use 
                 of Military Force (Public Law 107-40).

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) On September 11, 2001, foreign terrorists attacked the 
        United States and its citizens.
            (2) The terrorist attacks of September 11, 2001, render it 
        both necessary and appropriate that the United States exercise 
        its right to self-defense by protecting United States citizens 
        both at home and abroad and use ``all necessary and appropriate 
        force'' as stated in the Authorization for Use of Military 
        Force (Public Law 107-40; enacted September 18, 2001) to find 
        and catch those responsible for such terrorist attacks.
            (3) The Government of the United States has a duty to 
        pursue al Qaeda and other enemies of the United States with all 
        authorized means to thwart future attacks on the United States 
        and to destroy such enemies.
            (4) The Authorization for Use of Military Force authorized 
        military action against those responsible for the terrorist 
        attacks of September 11, 2001, but did not contain legal 
        authorization nor approval for domestic electronic surveillance 
        not authorized by chapters 119 or 121 of title 18, United 
        States Code, or the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801 et seq.), which contains provisions 
        expressly governing their applicability during war.
            (5) Congress reiterates that the Authorization for Use of 
        Military Force authorized military action against those 
        responsible for the terrorist attacks of September 11, 2001, 
        but does not contain legal authorization nor approval for 
        domestic electronic surveillance not authorized by chapters 119 
        or 121 of title 18, United States Code, or the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

SEC. 2. REPORT REQUIRED.

    (a) In General.--Not later than 160 days after the date of the 
enactment of this Act, the President shall transmit to the Committee on 
Foreign Affairs of the House of Representatives and the Committee on 
Foreign Relations of the Senate a report that identifies and includes a 
brief description of every program of the Federal Government that 
authorizes or requires the gathering of information, directly or 
indirectly, on United States persons in the United States, established 
whether in whole or in part pursuant to the ``all necessary and 
appropriate force'' clause contained in the Authorization for Use of 
Military Force (Public Law 107-40).
    (b) Form.--The report submitted under subsection (a) may be 
submitted in classified form.
                                 <all>