God I had forgotten how old this law is. And how consistently it has been delayed for decades. Born of the post 9/11 world and its concerns...
And go read the 4th amendment, with the understand that no one who signed it thought anything in the constitution authorizes any part of the federal government to ignore the absolutist language the bill of rights is written in. The assumption was that if there arose a need to justify the federal government searching people like this it needed a super majority to pass an amendment to fix it.