[Congressional Record Volume 152, Number 31 (Monday, March 13, 2006)]
[Senate]
[Pages S2041-S2042]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

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    SENATE RESOLUTION 398--RELATING TO THE CENSURE OF GEORGE W. BUSH

  Mr. FEINGOLD submitted the following resolution; which was referred 
to the Committee on the Judiciary:

                              S. Res. 398

       Whereas Congress passed the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and in so 
     doing provided the executive branch with clear authority to 
     wiretap suspected terrorists inside the United States;
       Whereas the Foreign Intelligence Surveillance Act of 1978 
     has been amended multiple times since 1978, to expand the 
     surveillance authority of the executive branch and address 
     new technological developments;
       Whereas the Foreign Intelligence Surveillance Act of 1978 
     states that it and the criminal wiretap law are the 
     ``exclusive means by which electronic surveillance'' may be 
     conducted by the United States Government and makes it a 
     crime to wiretap individuals without complying with this 
     statutory authority;
       Whereas the Foreign Intelligence Surveillance Act of 1978 
     permits the Government to initiate wiretapping immediately in 
     emergencies as long as the Government obtains approval from 
     the court established under section 103 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) within 
     72 hours of initiating the wiretap;
       Whereas the Foreign Intelligence Surveillance Act of 1978 
     authorizes wiretaps without the court orders otherwise 
     required by the Foreign Intelligence Surveillance Act of 1978 
     for the first 15 days following a declaration of war by 
     Congress;
       Whereas the Authorization for Use of Military Force that 
     became law on September 18, 2001 (Public Law 107-40; 50 
     U.S.C. 1541 note), did not grant the President the power to 
     authorize wiretaps of Americans within the United States 
     without obtaining the court orders required by the Foreign 
     Intelligence Surveillance Act of 1978;
       Whereas the President's inherent constitutional authority 
     does not give him the power to violate the explicit statutory 
     prohibition on warrantless wiretaps in the Foreign 
     Intelligence Surveillance Act of 1978;
       Whereas George W. Bush, President of the United States, has 
     authorized and continues to authorize wiretaps by the 
     National Security Agency of Americans within the United 
     States without obtaining the court orders required by the 
     Foreign Intelligence Surveillance Act of 1978;
       Whereas President George W. Bush has failed to inform the 
     full congressional intelligence committees about this 
     program, as required by the National Security Act of 1947 (50 
     U.S.C. 401 et seq.);
       Whereas President George W. Bush repeatedly misled the 
     public prior to the public disclosure of the National 
     Security Agency surveillance program by indicating his 
     Administration was relying on court orders to wiretap 
     suspected terrorists inside the United States, by stating--
       (1) on April 20, 2004, that ``When we're talking about 
     chasing down terrorists, we're talking about getting a court 
     order before we do so.'';
       (2) on July 14, 2004, that ``the government can't move on 
     wiretaps or roving wiretaps without getting a court order''; 
     and
       (3) on June 9, 2005, that ``Law enforcement officers need a 
     federal judge's permission to wiretap a foreign terrorist's 
     phone, a federal judge's permission to track his calls, or a 
     federal judge's permission to search his property. Officers 
     must meet strict standards to use any of these tools.'';
       Whereas President George W. Bush has, since the public 
     disclosure of the National Security Agency surveillance 
     program, falsely implied that the program was necessary 
     because the executive branch did not have authority to 
     wiretap suspected terrorists inside the United States, by 
     making statements about the supposed need for the program, 
     including--
       (1) on January 25, 2006, stating at the National Security 
     Agency that ``When terrorist operatives are here in America 
     communicating with someone overseas, we must understand 
     what's going on if we're going to do our job to protect the 
     people. The safety and security of the American people depend 
     on our ability to find out who the terrorists are talking to, 
     and what they're planning. In the weeks following September 
     the 11th, I authorized a terrorist surveillance program to 
     detect and intercept al Qaeda communications involving 
     someone here in the United States.''; and
       (2) on January 31, 2006, asserting during the State of the 
     Union that ``The terrorist surveillance program has helped 
     prevent terrorist attacks. It remains essential to the 
     security of America. If there are people inside our country 
     who are talking with al Qaeda, we want to know about it, 
     because we will not sit back and wait to be hit again.''; and
       Whereas President George W. Bush inaccurately stated in his 
     January 31, 2006, State of the Union address that ``Previous 
     Presidents have used the same constitutional authority I 
     have, and federal courts have approved the use of that 
     authority.'', even though the President has failed to 
     identify a single instance since the Foreign Intelligence 
     Surveillance Act of 1978 became law in which another 
     President has authorized wiretaps inside the United States 
     without complying with the Foreign Intelligence Surveillance 
     Act of 1978, and no Federal court has evaluated whether the 
     President has the inherent authority to authorize wiretaps 
     inside the United States without complying with the Foreign 
     Intelligence Surveillance Act of 1978: Now, therefore, be it
       Resolved, That the United States Senate does hereby censure 
     George W. Bush, President of the United States, and does 
     condemn his unlawful authorization of wiretaps of Americans 
     within the United States without obtaining the court orders 
     required by the

[[Page S2042]]

     Foreign Intelligence Surveillance Act of 1978, his failure to 
     inform the full congressional intelligence committees as 
     required by law, and his efforts to mislead the American 
     people about the authorities relied upon by his 
     Administration to conduct wiretaps and about the legality of 
     the program.

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