Data retention limits for information collected under section 702 of the Foreign Intelligence Surveillance Act of 1978

(a) In general Title VII of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881 et seq.) is amended by adding at the end the following: 710. Data retention limits (a) Policy The Attorney General shall develop, and the heads of the elements of the intelligence community shall implement, procedures governing the retention of information collected pursuant to section 702. (b) Covered information For purposes of this section, covered information includes— (1) any information or communication pertaining to a covered person, including an encrypted communication to or from a covered person, that has been evaluated and is not specifically known to contain foreign intelligence information; and (2) any unevaluated information, unless it can reasonably be determined that the unevaluated information does not contain— (A) any information pertaining to a covered person; or (B) any communication to or from a covered person, regardless of whether such communication is encrypted. (c) Requirements The procedures developed and implemented pursuant to subsection (a) shall ensure, with respect to information described in such subsection, that covered information shall be destroyed within 5 years of collection unless the Attorney General determines in writing that— (1) the information is the subject of a preservation obligation in pending administrative, civil, or criminal litigation, in which case the information shall be segregated, retained, and used solely for that purpose and shall be destroyed as soon as it is no longer required to be preserved for such litigation; or (2) the information is being used in a proceeding or investigation consistent with section 706(a).. (b) Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 709 the following: Sec. 710. Data retention limits..