Data retention limits

(a) Procedures (1) In general Each head of an element of the intelligence community shall develop and implement procedures governing the retention of information described in paragraph (2). (2) Information described The information described in this paragraph is information that was acquired for foreign intelligence purposes, other than acquisitions authorized by the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), regardless of whether such acquisition occurred inside or outside the United States. (b) Requirements (1) Covered information defined In this subsection, the term covered information includes— (A) 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 (B) any unevaluated information, unless it can reasonably be determined that the unevaluated information does not contain any information or communications pertaining to a covered person, including any encrypted communication to or from a covered person. (2) In general 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— (A) the information is the subject of a preservation obligation in pending administrative, civil, or criminal litigation, in which case the covered 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 (B) the information is being used in a proceeding or investigation consistent with section 706(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881e(a)).