I 

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). 

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

3 SECTION 1. FINDINGS. 

4 Congress finds the following: 


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•HR 640 IH

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

2 attacked the United States and its citizens. 

3 (2) The terrorist attacks of September 11, 

4 2001, render it both necessary and appropriate that 

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

6 protecting United States citizens both at home and 

7 abroad and use ‘‘all necessary and appropriate 

8 force’’ as stated in the Authorization for Use of Mili9 tary Force (Public Law 107–40; enacted September 

10 18, 2001) to find and catch those responsible for 

11 such terrorist attacks. 

12 (3) The Government of the United States has 

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

14 United States with all authorized means to thwart 

15 future attacks on the United States and to destroy 

16 such enemies. 

17 (4) The Authorization for Use of Military Force 

18 authorized military action against those responsible 

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

20 did not contain legal authorization nor approval for 

21 domestic electronic surveillance not authorized by 

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

23 or the Foreign Intelligence Surveillance Act of 1978 

24 (50 U.S.C. 1801 et seq.), which contains provisions 

25 expressly governing their applicability during war. 


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1 (5) Congress reiterates that the Authorization 

2 for Use of Military Force authorized military action 

3 against those responsible for the terrorist attacks of 

4 September 11, 2001, but does not contain legal au5 thorization nor approval for domestic electronic sur6 veillance not authorized by chapters 119 or 121 of 

7 title 18, United States Code, or the Foreign Intel8 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

9 seq.). 

10 SEC. 2. REPORT REQUIRED. 

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

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

13 transmit to the Committee on Foreign Affairs of the 

14 House of Representatives and the Committee on Foreign 

15 Relations of the Senate a report that identifies and in16 cludes a brief description of every program of the Federal 

17 Government that authorizes or requires the gathering of 

18 information, directly or indirectly, on United States per19 sons in the United States, established whether in whole 

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

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

22 Military Force (Public Law 107–40). 

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

24 (a) may be submitted in classified form. 

Æ 


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