ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL
`(a)(1) The Director of the Federal Bureau of Investigation or a designee
of the Director (whose rank shall be no lower than Assistant Special Agent
in Charge) may make an application for an order requiring the production
of any tangible things (including books, records, papers, documents, and
other items) for an investigation to protect against international terrorism
or clandestine intelligence activities, provided that such investigation
of a United States person is not conducted solely upon the basis of activities
protected by the first amendment to the Constitution.
`(2) An investigation
conducted under this section shall--
`(A) be conducted
under guidelines approved by the Attorney General under Executive Order
12333 (or a successor order); and
`(B) not be conducted of a United States person solely upon the basis
of activities protected by the first amendment to the Constitution of
the United States.
`(b) Each application under this section--
`(1) shall be made
`(A) a judge of the court established by section 103(a); or
`(B) a United States Magistrate Judge under chapter 43 of title 28, United
States Code, who is publicly designated by the Chief Justice of the United
States to have the power to hear applications and grant orders for the
production of tangible things under this section on behalf of a judge
of that court; and
`(2) shall specify that the records concerned are sought for an authorized
investigation conducted in accordance with subsection (a)(2) to protect
against international terrorism or clandestine intelligence activities.
`(c)(1) Upon an application made pursuant to this section, the judge shall
enter an ex parte order as requested, or as modified, approving the release
of records if the judge finds that the application meets the requirements
of this section.
`(2) An order under
this subsection shall not disclose that it is issued for purposes of an
investigation described in subsection (a).
`(d) No person shall
disclose to any other person (other than those persons necessary to produce
the tangible things under this section) that the Federal Bureau of Investigation
has sought or obtained tangible things under this section.
`(e) A person who,
in good faith, produces tangible things under an order pursuant to this
section shall not be liable to any other person for such production. Such
production shall not be deemed to constitute a waiver of any privilege
in any other proceeding or context.
`(a) On a semiannual basis, the Attorney General shall fully inform the
Permanent Select Committee on Intelligence of the House of Representatives
and the Select Committee on Intelligence of the Senate concerning all
requests for the production of tangible things under section 402.
`(b) On a semiannual
basis, the Attorney General shall provide to the Committees on the Judiciary
of the House of Representatives and the Senate a report setting forth
with respect to the preceding 6-month period--