Sec. 201. Limitation on retention of certain data
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Subsection
(e)of section 702 of the of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(e) ), as amended by title I, is further amended by adding at the end the following new paragraph: Notwithstanding section 309 of the Intelligence Authorization Act for Fiscal Year 2015 ( 50 U.S.C. 1813 ), except as provided by subparagraph (B), the procedures adopted under paragraph
(1)shall ensure that any communications that do not contain foreign intelligence information are purged by not later than 90 days after the date on which the communications are determined to not contain foreign intelligence information. The Director of the National Security Agency may waive the requirements of subparagraph (A), on an individualized and specific basis, if the Director determines that such waiver is necessary to protect the national security of the United States. . Subsection
(m)of such section, as redesignated by section 101, is amended— by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4); and by inserting after paragraph
(1)the following new paragraph (2): Each semiannual assessment under paragraph
(1)shall include, with respect to the 6-month period covered by the assessment, the following: An affidavit by the Director of the National Security Agency, without delegation, that communications described in subsection (e)(6)(A) were purged pursuant to such subsection. The number of waivers made under subsection (e)(6)(B), including a description of the purpose for each such waiver. .
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