‘‘SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
‘‘(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 to—
‘‘(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 obtain foreign intelligence information not
concerning a United States person or 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.