III 

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’’; 
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•SRES 350 IS

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; 
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•SRES 350 IS

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 
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•SRES 350 IS

electronic surveillance of United States citizens, without 

a judicially approved warrant: Now, therefore, be it 

1 Resolved, That Senate Joint Resolution 23 (107th 

2 Congress), as adopted by the Senate on September 14, 

3 2001, and subsequently enacted as the Authorization for 

4 Use of Military Force (Public Law 107–40) does not au5 thorize warrantless domestic surveillance of United States 

6 citizens. 

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