; and (2) 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. (c) Requirements 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— (1) the information is the subject of a preservation obligation in pending administrative, civil, or criminal litigation, in which case the 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 (2) 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). . (b) Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 708 the following: Sec. 709. Data retention limits. . 106. Foreign Intelligence Surveillance Court supervision of demands for technical assistance from electronic communication service providers under section 702 of the Foreign Intelligence Surveillance Act of 1978 Section 702(i)(1) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a(i)(1) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; (2) in the matter before clause (i), as redesignated by paragraph (1), by striking With respect to and inserting the following: (A) In general Subject to subparagraph (B), in carrying out