III 

109TH CONGRESS 

2D SESSION S. RES. 398 

Relating to the censure of George W. Bush. 

IN THE SENATE OF THE UNITED STATES 

MARCH 13, 2006 

Mr. FEINGOLD submitted the following resolution; which was referred to the 

Committee on the Judiciary 

RESOLUTION 

Relating to the censure of George W. Bush. 

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; 


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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.); 


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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 


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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 

1 Resolved, That the United States Senate does hereby 

2 censure George W. Bush, President of the United States, 

3 and does condemn his unlawful authorization of wiretaps 

4 of Americans within the United States without obtaining 

5 the court orders required by the Foreign Intelligence Sur6 veillance Act of 1978, his failure to inform the full con7 gressional intelligence committees as required by law, and 


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1 his efforts to mislead the American people about the au2 thorities relied upon by his Administration to conduct 

3 wiretaps and about the legality of the program. 

Æ 


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