Executive Orders For Warrantless Wiretapping
Here is the entire FISA Act. Section 1802 covers electronic surveillance under the Act without a court order. You may have to check the GAO database to make sure none have been updated recently. I will be posting another version from Lexis later, but since readers can't access it without paying, I thought this publicly available version would be helpful to get you started.
Section 1811 of the act pertaining to surveillance during wartime states:
Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this subchapter to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress.
Section 1805 of the Act covers emergency situations where a court order cannot be obtained in advance. Such surveillance can only last 72 hours before an Order is applied for.
(f) Emergency orders
Notwithstanding any other provision of this subchapter, when the Attorney General reasonably determines that--
(1) an emergency situation exists with respect to the employment of electronic surveillance to obtain foreign intelligence information before an order authorizing such surveillance can with due diligence be obtained; and
(2) the factual basis for issuance of an order under this subchapter to approve such surveillance exists;
he may authorize the emergency employment of electronic surveillance if a judge having jurisdiction under section 1803 of this title is informed by the Attorney General or his designee at the time of such authorization that the decision has been made to employ emergency electronic surveillance and if an application in accordance with this subchapter is made to that judge as soon as practicable, but not more than 72 hours after the Attorney General authorizes such surveillance. If the Attorney General authorizes such emergency employment of electronic surveillance, he shall require that the minimization procedures required by this subchapter for the issuance of a judicial order be followed. In the absence of a judicial order approving such electronic surveillance, the surveillance shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 72 hours from the time of authorization by the Attorney General, whichever is earliest. (My emphsisis) 
Section 1809 contains the penalties for those, including law enforcement officers, who conduct electronic surveillance in violation of the Act. Up to five years in jail is authorized. There is a section containing a defense to the charges, but it requires that there have been a court order for the surveillance:
It is a defense to a prosecution under subsection (a) of this section that the defendant was a law enforcement or investigative officer engaged in the course of his official duties and the electronic surveillance was authorized by and conducted pursuant to a search warrant or court order of a court of competent jurisdiction.
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In 1979, President Jimmy Carter issued this order on warrantless electonic surveillance when national security is at issue. Note the paragraph that says:
1-105. Section 2-203 of Executive Order No. 12036 [set out under section 401 of this title] is amended by inserting the following at the end of that section: "Any monitoring which constitutes electronic surveillance as defined in the Foreign Intelligence Surveillance Act of 1978 shall be conducted in accordance with that Act as well as this Order."
I have not seen President Bush's exective order that he referred to today in his speech. Again, these sections may not be completely updated, so it's just a primer to get you started.
Also to come: a recap of how the Patriot Act affected FISA, what Ashcroft asked for and what Congress gave him.
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