(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.