(III) in subparagraph (C), as 
transferred by clause (i) of this sub-
paragraph, by striking ‘‘any database 
of’’; 
(iii) by striking paragraph (6) (as 
amended by clause (i) of this subpara-
graph); and 
(iv) by redesignating paragraph (7) as 
paragraph (6); and 
(B) in subsection (d)— 
(i) in paragraph (1), by striking ‘‘any 
of paragraphs (3), (5), or (6)’’ and insert-
ing ‘‘either of paragraph (3) or (5)’’; and 
(ii) in paragraph (2)(A), by striking 
‘‘Paragraphs (2)(B), (2)(C), and (6)(C)’’ 
and inserting ‘‘Paragraphs (2)(B) and 
(2)(C)’’. 
(6) PUBLIC REPORTING.—Section 604(a)(1)(F) 
(50 U.S.C. 1874(a)(1)(F)) is amended— 
(A) in clause (i), by striking the semicolon 
and inserting ‘‘; and’’; 
(B) in clause (ii), by striking ‘‘; and’’ and 
inserting a period; and 
(C) by striking clause (iii). 
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SEC. 102. PROTECTION OF CERTAIN INFORMATION. 
(a) PROTECTION.—Subsection (a) of section 501 (50 
U.S.C. 1861), as amended by section 101, is further 
amended by adding at the end the following new para-
graph: 
‘‘(5)(A) An application under paragraph (1) may not 
seek an order authorizing or requiring the production of 
a tangible thing under circumstances in which a person 
has a reasonable expectation of privacy and a warrant 
would be required for law enforcement purposes. 
‘‘(B) An application under paragraph (1) may not 
seek an order authorizing or requiring the production of 
cell site location or global positioning system informa-
tion.’’. 
(b) CLARIFICATION OF EMERGENCY AUTHORITY FOR 
CELL SITE LOCATION OR GLOBAL POSITIONING SYSTEM 
INFORMATION.—The Attorney General may treat the pro-
duction of cell site location or global positioning system 
information as electronic surveillance rather than business 
records for purposes of authorizing the emergency produc-
tion of such information pursuant to section 105(e) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1805(e)). 
(c) CONFORMING AMENDMENT.—Subsection (a) of 
section 501 (50 U.S.C. 1861) is further amended by strik-
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ing ‘‘Subject to paragraph (3)’’ and inserting ‘‘Subject to 
paragraphs (3), (4), and (5)’’. 
SEC. 103. USE OF INFORMATION. 
Section 501(h) (50 U.S.C. 1861(h)) is amended— 
(1) by striking ‘‘Information acquired’’ and in-
serting the following: 
‘‘(1) IN GENERAL.—Information acquired’’; and 
(2) by adding at the end the following new 
paragraphs: 
‘‘(2) USE
IN
TRIALS, HEARINGS, OR
OTHER 
PROCEEDINGS.—For purposes of subsections (b) 
through (h) of section 106— 
‘‘(A) information obtained or derived from 
the production of tangible things pursuant to 
an investigation conducted under this section 
shall be deemed to be information acquired 
from an electronic surveillance pursuant to title 
I, unless the court or other authority of the 
United States finds, in response to a motion 
from the Government, that providing notice to 
an aggrieved person would harm the national 
security of the United States; and 
‘‘(B) in carrying out subparagraph (A), a 
person shall be deemed to be an aggrieved per-
son if— 
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‘‘(i) the person is the target of such 
an investigation; and 
‘‘(ii) the activities or communications 
of the person are described in the tangible 
things that the Government intends to use 
or disclose in any trial, hearing, or other 
proceeding.’’. 
SEC. 
104. 
LIMITATION 
ON 
RETENTION 
OF 
BUSINESS 
RECORD INFORMATION. 
(a) REQUIREMENT.—Section 501(g) (50 U.S.C. 
1861(g)) is amended— 
(1) in paragraph (2), by striking ‘‘In this sec-
tion’’ and inserting ‘‘In accordance with paragraph 
(3), in this section’’; 
(2) by redesignating paragraph (3) as para-
graph (4); and 
(3) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) LIMITATION ON RETENTION.—The mini-
mization procedures under paragraph (1) shall en-
sure that tangible things, and information therein, 
received under this section may not be retained in 
excess of 5 years, unless— 
‘‘(A) the tangible thing or information has 
been affirmatively determined, in whole or in 
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part, to constitute foreign intelligence or coun-
terintelligence or to be necessary to understand 
or assess foreign intelligence or counterintel-
ligence; 
‘‘(B) the tangible thing or information is 
reasonably believed to constitute evidence of a 
crime and is retained by a law enforcement 
agency; 
‘‘(C) the tangible thing or information is 
enciphered or reasonably believed to have a se-
cret meaning; 
‘‘(D) retention is necessary to protect 
against an imminent threat to human life; 
‘‘(E) 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 Com-
mittee on the Judiciary of the House of Rep-
resentatives and the Select Committee on Intel-
ligence and the Committee on the Judiciary of 
the Senate on an annual basis; or 
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