IV 
109TH CONGRESS 
1ST SESSION 
H. CON. RES. 330 
Expressing the concern of Congress that the President’s 2002 order author-
izing electronic surveillance of United States persons without a warrant 
violates existing law prohibiting such electronic surveillance, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 22, 2005 
Mrs. TAUSCHER (for herself and Mr. CONYERS) submitted the following con-
current resolution; which was referred to the Committee on the Judiciary, 
and in addition to the Select Committee on Intelligence (Permanent Se-
lect), for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
CONCURRENT RESOLUTION 
Expressing the concern of Congress that the President’s 
2002 order authorizing electronic surveillance of United 
States persons without a warrant violates existing law 
prohibiting such electronic surveillance, and for other 
purposes. 
Whereas the Federal Government has a duty to gather infor-
mation about threats to the United States in a timely 
manner to prevent, disrupt, or otherwise mitigate poten-
tially devastating attacks on the United States; 
Whereas a legal framework has been established through the 
Foreign Intelligence Surveillance Act of 1978 (FISA) to
•HCON 330 IH 
govern the use of electronic surveillance to acquire for-
eign intelligence information; 
Whereas the standard of proof required for issuance of an 
order authorizing electronic surveillance or a physical 
search under FISA is a showing of probable cause that 
the subject of such order is a foreign power or an agent 
of a foreign power; 
Whereas under FISA, the President may authorize electronic 
surveillance to acquire foreign intelligence information for 
up to one year without a court order in certain situa-
tions; 
Whereas in urgent situations, the National Security Agency 
may conduct electronic surveillance for 72 hours before 
being required to seek retroactive permission from the 
Foreign Intelligence Surveillance Court; 
Whereas the Uniting and Strengthening America by Pro-
viding Appropriate Tools Required to Intercept and Ob-
struct Terrorism (USA PATRIOT ACT) Act of 2001 
(Public Law 107–56), signed by President Bush, ex-
panded the scope of FISA by providing for multipoint 
electronic surveillance authority and expanded use of pen 
registers and trap and trace devices and access to busi-
ness records; 
Whereas other legislation, including the Intelligence Reform 
and Terrorism Protection Act of 2004 (Public Law 108– 
458), further expanded authorities under FISA; 
Whereas during 2004, the Foreign Intelligence Surveillance 
Court approved 1,754 of the 1,758 requests for an order 
authorizing electronic surveillance or a physical search 
submitted by the Federal Government, during 2003, such 
Court approved 1,724 of 1,727 such requests, during
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2002, such Court approved 1,228 of 1,228 such requests, 
during 2001, such Court approved 934 of 934 such re-
quests, during 2000, such Court approved 1,012 of 1,012 
such requests, and in 1999, such Court approved 880 of 
886 such requests, with the remaining 6 being approved 
in 2000; 
Whereas it was reported by the New York Times on Decem-
ber 15, 2005, that President Bush signed an order in 
2002 authorizing the National Security Agency to listen 
to conversations of citizens of the United States as well 
as foreign nationals in the United States without seeking 
approval from the Foreign Intelligence Surveillance 
Court; 
Whereas it was reported that under this program, the Na-
tional Security Agency eavesdrops without warrants on 
up to 500 people in the United States at any given time; 
and 
Whereas current law forbids warrantless electronic surveil-
lance of United States persons: Now, therefore, be it 
Resolved by the House of Representatives (the Senate 
concurring), That Congress— 
(1) expresses deep concern that the President’s 
2002 order authorizing electronic surveillance of 
United States persons without a warrant violates ex-
isting law prohibiting such electronic surveillance; 
(2) urges the President to rescind the 2002 
order authorizing such electronic surveillance of 
United States persons without a warrant;
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(3) notes that the Foreign Intelligence Surveil-
lance Court has proved to be an expeditious means 
of assuring approval of warrant requests and has re-
sponded favorably to nearly all warrant applications; 
(4) reiterates its support for maintaining a 
careful balance between national security and the 
privacy of Americans; 
(5) urges the President to report to Congress 
on the number of United States persons who were 
the subject of electronic surveillance without a war-
rant, the rationale for the selection of such persons 
for such surveillance instead of pursuing an order 
under the Foreign Intelligence Surveillance Act of 
1978, and the plots or other terrorist actions that 
were defeated subsequent to the use of this author-
ity; and 
(6) calls on the President to submit a request 
for legislation to Congress to amend such Act if the 
President considers it to be in need of reform. 
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