Title 50, War and National DefenseRelease 119-110

§3345 Limitation on Handling, Retention, and Storage of Certain Classified Materials by the Department of State

Title 50 › CHAPTER 45 — MISCELLANEOUS INTELLIGENCE COMMUNITY AUTHORITIES › SUBCHAPTER III — SECURITY CLEARANCES AND CLASSIFIED INFORMATION › § 3345

Last updated Sep 22, 2026|Official source

Summary

The Director of Central Intelligence must tell the listed congressional committees whether each part of the Department of State is fully following the Director’s rules for handling, keeping, and storing Sensitive Compartmented Information (SCI). The Director cannot say a State part is fully compliant if that part has a waiver. If a State part is not fully following the rules, the Director must quickly tell those committees. Starting January 1, 2001, a State part may not keep or store SCI unless the Director had certified it was fully compliant on that date. The Director may waive that ban if the waiver serves U.S. national security. Each waiver must be reported to the committees and must name the State part, explain why, list steps and a schedule to reach compliance, and say how the materials will be protected until compliance is achieved. Definitions: “Appropriate committees of Congress” — the Senate Select Committee on Intelligence, the Senate Committee on Foreign Relations, the House Permanent Select Committee on Intelligence, and the House Committee on International Relations. “Covered classified material” — SCI. “Covered element of the Department of State” — any State office that handles, keeps, or stores SCI. “Material” — any data in any form. “SCI level” — classification for intelligence information that must be handled under special access controls set by the Director.

Full Legal Text

Title 50, §3345

War and National Defense, Source: USLM XML via OLRC

(a)Certification regarding full compliance with requirements
The Director of Central Intelligence shall certify to the appropriate committees of Congress whether or not each covered element of the Department of State is in full compliance with all applicable directives of the Director of Central Intelligence relating to the handling, retention, or storage of covered classified material.
(b)Limitation on certification
The Director of Central Intelligence may not certify a covered element of the Department of State as being in full compliance with the directives referred to in subsection (a) if the covered element is currently subject to a waiver of compliance with respect to any such directive.
(c)Report on noncompliance
Whenever the Director of Central Intelligence determines that a covered element of the Department of State is not in full compliance with any directive referred to in subsection (a), the Director shall promptly notify the appropriate committees of Congress of such determination.
(d)Effects of certification of non-full compliance
(1)Subject to subsection (e), effective as of January 1, 2001, a covered element of the Department of State may not retain or store covered classified material unless the Director has certified under subsection (a) as of such date that the covered element is in full compliance with the directives referred to in subsection (a).
(2)If the prohibition in paragraph (1) takes effect in accordance with that paragraph, the prohibition shall remain in effect until the date on which the Director certifies under subsection (a) that the covered element involved is in full compliance with the directives referred to in that subsection.
(e)Waiver by Director of Central Intelligence
(1)The Director of Central Intelligence may waive the applicability of the prohibition in subsection (d) to an element of the Department of State otherwise covered by such prohibition if the Director determines that the waiver is in the national security interests of the United States.
(2)The Director shall submit to appropriate committees of Congress a report on each exercise of the waiver authority in paragraph (1).
(3)Each report under paragraph (2) with respect to the exercise of authority under paragraph (1) shall set forth the following:
(A)The covered element of the Department of State addressed by the waiver.
(B)The reasons for the waiver.
(C)The actions that will be taken to bring such element into full compliance with the directives referred to in subsection (a), including a schedule for completion of such actions.
(D)The actions taken by the Director to protect any covered classified material to be handled, retained, or stored by such element pending achievement of full compliance of such element with such directives.
(f)Definitions
In this section: (1)
(2)The term “covered classified material” means any material classified at the Sensitive Compartmented Information (SCI) level.
(3)The term “covered element of the Department of State” means each element of the Department of State that handles, retains, or stores covered classified material.
(4)The term “material” means any data, regardless of physical form or characteristic, including written or printed matter, automated information systems storage media, maps, charts, paintings, drawings, films, photographs, engravings, sketches, working notes, papers, reproductions of any such things by any means or process, and sound, voice, magnetic, or electronic recordings.
(5)The term “Sensitive Compartmented Information (SCI) level”, in the case of classified material, means a level of classification for information in such material concerning or derived from intelligence sources, methods, or analytical processes that requires such information to be handled within formal access control systems established by the Director of Central Intelligence.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 435a of this title prior to editorial reclassification and renumbering as this section.

Statutory Notes and Related Subsidiaries

Change of Name

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title. Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Reference

Citations & Metadata

Citation

50 U.S.C. § 3345

Title 50, War and National Defense

Last Updated

Sep 22, 2026

Release point: 119-110