1 2 3 4 5 2 under the Constitution of the United States are endan gered by interception of communications by electronic and other devices, the entry of dwellings, opening of mail, and the inspection of and procuring of the records of telephone, bank, credit, medical, or other business or private transactions of any individual when undertaken by officials, agents, or employees of the United States without a court order issued upon probable cause that a 9 crime has been or is about to be committed, supported by oath or affirmation and particularly describing the place 6 7 8 110 to be searched, and the persons or things to be seized; (2) the constitutional duty of the Congress to make the laws and to provide for the common defense, and the constitutional duty of the President to execute the laws and to command the Armed Forces and other security forces according to rules and regulations made by the Congress, would not be impeded by requiring court orders for any interception of communications by electronic and other devices, the entry of dwellings, opening of mail, or the inspection of and procuring of the records of telephone, bank, credit, medical, or other business or private transactions of any individual; (3) the constitutional duty of the Congress to make laws to protect the national security of the United States and the constitutional duty of the President to execute. 57-282 O 76 pt. 1 4 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 3 such laws should not limit the rights of individuals under the Constitution of the United States. Any interception of communications by electronic and other devices, the entry of dwellings, opening of mail, or the inspection of and procuring of the records of telephone, bank, credit, medical, or other business or private transactions of any individual which is undertaken on any grounds, including, but not limited to, national security or foreign policy, without a court order issued upon probable cause that a crime has been or is about to be committed, supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized, con stitutes "an unreasonable search and seizure" within the meaning of the fourth amendment to the Constitution of the United States. (b) It is therefore the purpose of this Act to prohibit any interception of communication by electronic and other 18 devices, surreptitious entry, mail opening, or the inspection 19 of and procuring of the records of telephone, bank, credit, 20 medical, or other business or private transaction of any in21 dividual without a court order issued upon probable cause 22 that a crime has been or is about to be committed, supported 23 by oath or affirmation and particularly describing the place 24 to be searched and the persons or things to be seized.. 1 2 4 SEARCHES AND SEIZURES SEC. 3. Section 2236 of title 18, United States Code, is 3 amended to read as follows: 4 5 "§ 2236. Searches without warrant "(a) Whoever, being an officer, agent, or employee of 6 the United States or any department or agency thereof will 7 fully "(1) searches any private dwelling used and occupied as a dwelling without a warrant directing such search or maliciously and without reasonable cause searches any other building or property without a search warrant; "(2) procures or inspects the records of telephone calls, bank, credit, medical, or other business or private transactions of any individual without a search warrant or the consent of the individual; "(3) opens any foreign or domestic mail not directed to him without a search warrant directing such opening or without the consent of the sender or addressee of such mail in violation of section 3623 (d) of title 39; or any "(4) intercepts, endeavors to intercept, or procures other person to intercept any wire or oral communi cation except as authorized under chapter 119; 5 1 shall be fined not more than $10,000 or imprisoned not more 2 than one year, or both. (b) (1) The provisions of section (a) (1) shall not 4 apply to any person 5 6 7 8 9 10 11 12 "(A) serving a warrant of arrest; "(B) arresting or attempting to arrest a person committing or attempting to commit an offense in his presence, or who has committed or is suspected on reasonable grounds of having committed a felony; or "(C) making a search at the request or invitation or with the consent of the occupant of the premises. "(2) For purposes of subsection (a) the terms 'wire 13 communication', 'oral communication', and 'intercept' shall 14 have the same meaning as given to such terms under chapter 15 119.". 16 17 INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS SEC. 4. (a) Section 2511 (1) of such title 18 is amended 18 by striking out "Except as otherwise specifically provided 19 in this chapter" and inserting in lieu thereof "Except as spe20 cifically provided in chapter 109 in the case of any officer, 21 agent, or employee of the United States,". 225 (b) Sections 2511(3), 2518 (7), and 2518 (8) (d) of 23 such title 18 are repealed. 1 2 6 REPORTING OF INTERCEPTED COMMUNICATIONS SEC. 5. (a) Section 2519 of such title 18 is amended 3 to read as follows: 4 "§ 2519. Reports concerning intercepted wire, oral, and 5 6 other communications "(a) Within thirty days after the date of an order au7 thorizing or approving the interception of a wire or oral com8 munication (or each extension thereof) entered under sec9 tion 2518, or the denial of an order approving an intercep10 tion, the person seeking such order shall report to the Ad11 ministrative Office of the United States Courts and to the 12 Committees on the Judiciary of the Senate and House of 13 Representatives 14 15 16 17 18 19 for; "(1) the fact that an order or extension was applied "(2) the kind of order or extension applied for; 66 (3) the fact that the order or extension was granted as applied for, was modified, or was denied; "(4) the period of interceptions authorized by the 20 order, and the number and duration of any extensions of 21 222 the order; "(5) the names of all parties to the intercepted communications; "(6) offense specified in the order or application; "(7) the identity of the investigative or law en |