; 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 person if— (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. . 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 section and inserting In accordance with paragraph (3), in this section ; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following new paragraph (3): (3) Limitation on retention 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— (A) 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; (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 secret meaning