Sec. 306. Data retention limits
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Each head of an element of the Intelligence Community shall develop and implement procedures governing the retention of information collected pursuant to Executive Order 12333 ( 50 U.S.C. 3001 note; relating to United States intelligence activities), or successor order. In this subsection, the term covered information includes— any information, including an encrypted communication, to, from, or pertaining to a United States person or person reasonably believed to be located in the United States at the time of acquisition, communication, or creation of the information that has been evaluated and is not specifically known to contain foreign intelligence information; and any unevaluated information, unless it can reasonably be determined that the unevaluated information does not contain communications to or from, or information pertaining to a United States person or person reasonably believed to be located in the United States at the time of acquisition, communication, or creation of the information.
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— 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 the information is being used in a proceeding or investigation in which the information is directly related to and necessary to address a specific threat identified in section 706(a)(2)(B) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881e(a)(2)(B) ), as amended by section 102.
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