I 

110TH CONGRESS 

1ST SESSION H. R. 2211 

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 

MAY 8, 2007 

Mr. FLAKE (for himself, Mr. DELAHUNT, Mr. PAUL, and Mr. SCHIFF) 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). 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. FINDINGS. 

2 Congress finds the following: 

3 (1) On September 11, 2001, foreign terrorists 

4 attacked the United States and its citizens. 

5 (2) The terrorist attacks of September 11, 

6 2001, render it both necessary and appropriate that 

7 the United States exercise its right to self-defense by 

8 protecting United States citizens both at home and 

9 abroad and use ‘‘all necessary and appropriate 

10 force’’ as stated in the Authorization for Use of Mili11 tary Force (Public Law 107–40; enacted September 

12 18, 2001) to find and catch those responsible for 

13 such terrorist attacks. 

14 (3) The Government of the United States has 

15 a duty to pursue al Qaeda and other enemies of the 

16 United States with all authorized means to thwart 

17 future attacks on the United States and to destroy 

18 such enemies. 

19 (4) The Authorization for Use of Military Force 

20 authorized military action against those responsible 

21 for the terrorist attacks of September 11, 2001, but 

22 did not contain legal authorization nor approval for 

23 domestic electronic surveillance not authorized by 

24 chapters 119 or 121 of title 18, United States Code, 

25 or the Foreign Intelligence Surveillance Act of 1978 


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1 (50 U.S.C. 1801 et seq.), which contains provisions 

2 expressly governing their applicability during war. 

3 (5) Congress reiterates that the Authorization 

4 for Use of Military Force authorized military action 

5 against those responsible for the terrorist attacks of 

6 September 11, 2001, but does not contain legal au7 thorization nor approval for domestic electronic sur8 veillance not authorized by chapters 119 or 121 of 

9 title 18, United States Code, or the Foreign Intel10 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

11 seq.). 

12 SEC. 2. REPORT REQUIRED. 

13 (a) IN GENERAL.—Not later than 160 days after the 

14 date of the enactment of this Act, the President shall 

15 transmit to the Committee on Foreign Affairs of the 

16 House of Representatives and the Committee on Foreign 

17 Relations of the Senate a report that identifies and in18 cludes a brief description of every program of the Federal 

19 Government that authorizes or requires the gathering of 

20 information, directly or indirectly, on United States per21 sons in the United States, established whether in whole 

22 or in part pursuant to the ‘‘all necessary and appropriate 

23 force’’ clause contained in the Authorization for Use of 

24 Military Force (Public Law 107–40). 


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1 (b) FORM.—The report submitted under subsection 

2 (a) may be submitted in classified form. 

Æ 


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