Sec. 104. Limitation on retention of business record information
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Section 501(g) ( 50 U.S.C. 1861(g) ) is amended— in paragraph (2), by striking In this section and inserting In accordance with paragraph (3), in this section ; by redesignating paragraph
(3)as paragraph (4); and by inserting after paragraph
(2)the following new paragraph (3): The minimization procedures under paragraph
(1)shall ensure that tangible things, and information therein, received under this section may not be retained in excess of 5 years, unless— the tangible thing or information has been affirmatively determined, in whole or in part, to constitute foreign intelligence or counterintelligence or to be necessary to understand or assess foreign intelligence or counterintelligence; the tangible thing or information is reasonably believed to constitute evidence of a crime and is retained by a law enforcement agency; the tangible thing or information is enciphered or reasonably believed to have a secret meaning; retention is necessary to protect against an imminent threat to human life; retention is necessary for technical assurance or compliance purposes, including a court order or discovery obligation, in which case access to the tangible thing or information retained for technical assurance or compliance purposes shall be reported to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate on an annual basis; or retention for a period in excess of 5 years is approved by the Director of the Federal Bureau of Investigation, based on a determination that retention is necessary to protect the national security of the United States, in which case the Director shall provide to such committees a written certification describing— the reasons extended retention is necessary to protect the national security of the United States; the duration for which the Director is authorizing retention; generally the tangible things or information to be retained; and the measures the Director is taking to protect the privacy interests of United States persons or persons located inside the United States. . Section 502(b) ( 50 U.S.C. 1862(b) ) is amended— in paragraph (7), by striking ; and and inserting a semicolon; in paragraph (8)(E), by striking the period and inserting ; and ; and by adding at the end the following new paragraph: a description of each time that an exception to the 5-year limitation on the retention of information was made pursuant to any of subparagraphs
(C)through
(E)of subsection (g)(3) of section 501, including an explanation for each such exception. .
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