Page:United States Statutes at Large Volume 115 Part 1.djvu/309

 PUBLIC LAW 107-56 —OCT. 26, 2001 115 STAT. 287 in the case of a trap and trace device, the geographic limits of the trap and trace order.". (b) AUTHORIZATION DURING EMERGENCIES. —Section 403 of the Foreign Intelhgence Surveillance Act of 1978 (50 U.S.C. 1843) is amended— (1) in subsection (a), by striking "foreign intelligence information or information concerning international terrorism" and inserting "foreign intelligence information not concerning a United States person or information 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"; and (2) in subsection (b)(1), by striking "foreign intelligence information or information concerning international terrorism" and inserting "foreign intelligence information not concerning a United States person or information 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". < SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOR- EIGN INTELLIGENCE SURVEILLANCE ACT. Title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended by striking sections 501 through 503 and inserting the following: "SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN 50 USC 1861. INTELLIGENCE AND INTERNATIONAL TERRORISM INVES- TIGATIONS. "(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

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