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 appro-
priate 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 au-
thorizes 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 nec-
essary and appropriate force’’ clause contained in the 
Authorization for Use of Military Force (Public Law 
107–40). 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress finds the following: 
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(1) On September 11, 2001, foreign terrorists 
attacked the United States and its citizens. 
(2) The terrorist attacks of September 11, 
2001, render it both necessary and appropriate that 
the United States exercise its right to self-defense by 
protecting United States citizens both at home and 
abroad and use ‘‘all necessary and appropriate 
force’’ as stated in the Authorization for Use of Mili-
tary Force (Public Law 107–40; enacted September 
18, 2001) to find and catch those responsible for 
such terrorist attacks. 
(3) The Government of the United States has 
a duty to pursue al Qaeda and other enemies of the 
United States with all authorized means to thwart 
future attacks on the United States and to destroy 
such enemies. 
(4) The Authorization for Use of Military Force 
authorized military action against those responsible 
for the terrorist attacks of September 11, 2001, but 
did not contain legal authorization nor approval for 
domestic electronic surveillance not authorized by 
chapters 119 or 121 of title 18, United States Code, 
or the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.), which contains provisions 
expressly governing their applicability during war. 
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(5) Congress reiterates that the Authorization 
for Use of Military Force authorized military action 
against those responsible for the terrorist attacks of 
September 11, 2001, but does not contain legal au-
thorization nor approval for domestic electronic sur-
veillance not authorized by chapters 119 or 121 of 
title 18, United States Code, or the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.). 
SEC. 2. REPORT REQUIRED. 
(a) IN GENERAL.—Not later than 160 days after the 
date of the enactment of this Act, the President shall 
transmit to the Committee on Foreign Affairs of the 
House of Representatives and the Committee on Foreign 
Relations of the Senate a report that identifies and in-
cludes a brief description of every program of the Federal 
Government that authorizes or requires the gathering of 
information, directly or indirectly, on United States per-
sons 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). 
(b) FORM.—The report submitted under subsection 
(a) may be submitted in classified form. 
Æ 
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