S.Amdt. 3946

SA 3946. Mr. BOND submitted an amendment intended to be proposed to
amendment SA 3911 proposed by Mr. Rockefeller (for himself and Mr.
Bond) to the bill S. 2248, to amend the Foreign Intelligence
Surveillance Act of 1978, to modernize and streamline the provisions of
that Act, and for other purposes; which was ordered to lie on the
table; as follows:

Strike section 102 and insert the following:

[[Page S365]]

SEC. 102. CONSTITUTIONAL POWER OF THE PRESIDENT.

Subsection (2)(f) of section 2511 of title 18, United
States Code, is amended to read as follows:
``(f) Nothing contained in this chapter, in section 705 of
the Communications Act of 1934 (47 U.S.C. 605), or the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) shall limit the constitutional power of the
President to take such measures as the President deems
necessary to protect the United States against actual or
potential attack or other hostile acts of a foreign power, to
obtain foreign intelligence information deemed essential to
the security of the United States, or to protect national
security information against foreign intelligence activities.
Nor shall anything contained in this chapter or the Foreign
Intelligence Surveillance Act of 1978 be deemed to limit the
constitutional power of the President to take such measures
as the President deems necessary to protect the United States
against the overthrow of the Government by force or other
unlawful means, or against any other clear and present danger
to the structure or existence of the Government. The contents
of any wire or oral communication intercepted by authority of
the President in the exercise of the foregoing powers may be
received in evidence in any trial hearing, or other
proceeding only where such interception was reasonable, and
shall not be otherwise used or disclosed except as is
necessary to implement that power.''.
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