50 U.S.C. § 3345 — Limitation on handling, retention, and

Page 822 TITLE 50—WAR AND NATIONAL DEFENSE § 3345 (b) Training required Each head of an agency with classification au- thority shall conduct training for employees of the agency with classification authority to hold employees accountable for over-classification and to promote sensible classification. (Pub. L. 118–31, div. G, title VI, § 7603, Dec. 22, 2023, 137 Stat. 1097.) § 3345. Limitation on handling, retention, and storage of certain classified materials by the Department of State (a) Certification regarding full compliance with requirements The Director of Central Intelligence shall cer- tify to the appropriate committees of Congress whether or not each covered element of the De- partment 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 direc- tives referred to in subsection (a) if the covered element is currently subject to a waiver of com- pliance with respect to any such directive. (c) Report on noncompliance Whenever the Director of Central Intelligence determines that a covered element of the De- partment 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 Depart- ment of State may not retain or store covered classified material unless the Director has cer- tified 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 ef- fect in accordance with that paragraph, the pro- hibition shall remain in effect until the date on which the Director certifies under subsection (a) that the covered element involved is in full com- pliance 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 sub- section (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 exer- cise of the waiver authority in paragraph (1). (3) Each report under paragraph (2) with re- spect to the exercise of authority under para- graph (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 di- rectives 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) The term ‘‘appropriate committees of Congress’’ means the following: (A) The Select Committee on Intelligence and the Committee on Foreign Relations of the Senate. (B) The Permanent Select Committee on Intelligence and the Committee on Inter- national Relations of the House of Rep- resentatives. (2) The term ‘‘covered classified material’’ means any material classified at the Sensitive Compartmented Information (SCI) level. (3) The term ‘‘covered element of the De- partment 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, re- gardless of physical form or characteristic, in- cluding written or printed matter, automated information systems storage media, maps, charts, paintings, drawings, films, photo- graphs, engravings, sketches, working notes, papers, reproductions of any such things by any means or process, and sound, voice, mag- netic, or electronic recordings. (5) The term ‘‘Sensitive Compartmented In- formation (SCI) level’’, in the case of classified material, means a level of classification for in- formation in such material concerning or de- rived from intelligence sources, methods, or analytical processes that requires such infor- mation to be handled within formal access control systems established by the Director of Central Intelligence. (Pub. L. 106–567, title III, § 309, Dec. 27, 2000, 114 Stat. 2840.) 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 com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. 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 Af- Page 823 TITLE 50—WAR AND NATIONAL DEFENSE § 3348 fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 3346. Compilation and organization of pre- viously declassified records (a), (b) Omitted (c) Compilation and organization of records The Department of Defense may not be re- quired, when conducting a special search, to compile or organize records that have already been declassified and placed into the public do- main. (d) Special searches For the purpose of this section, the term ‘‘spe- cial search’’ means the response of the Depart- ment of Defense to any of the following: (1) A statutory requirement to conduct a de- classification review on a specified set of agen- cy records. (2) An Executive order to conduct a declas- sification review on a specified set of agency records. (3) An order from the President or an official with delegated authority from the President to conduct a declassification review on a spec- ified set of agency records. (Pub. L. 106–398, § 1 [[div. A], title X, § 1075], Oct. 30, 2000, 114 Stat. 1654, 1654A–280.) Editorial Notes REFERENCES IN TEXT This section, referred to in subsec. (d), is section 1075 of H.R. 5408 of the 106th Congress, as introduced on Oct. 6, 2000, and as enacted into law by section 1 of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654. See Codification note below. CODIFICATION Section was formerly classified as a note under sec- tion 435 of this title prior to editorial reclassification as this section. Section is comprised of section 1075 of H.R. 5408 of the 106th Congress, as introduced on Oct. 6, 2000, and as en- acted into law by section 1 of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654. Subsec. (a) of section 1075 amended former section 230 of Title 10, Armed Forces and subsec. (b) of section 1075 was not classified to the Code. § 3347. Secrecy agreements used in intelligence activities Notwithstanding any other provision of law not specifically referencing this section, a non- disclosure policy form or agreement that is to be executed by a person connected with the con- duct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum— (1) require that the person will not disclose any classified information received in the course of such activity unless specifically au- thorized to do so by the United States Govern- ment; and (2) provide that the form or agreement does not bar— (A) disclosures to Congress; or (B) disclosures to an authorized official of an executive agency that are deemed essen- tial to reporting a violation of United States law. (Pub. L. 104–93, title III, § 306, Jan. 6, 1996, 109 Stat. 966.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 435 of this title prior to editorial reclassification as this section. § 3348. Reports relating to certain special access programs and similar programs (a) In general (1) Not later than February 1 of each year, the head of each covered department or agency shall submit to the congressional oversight commit- tees a report on each special access program car- ried out in the department or agency. (2) Each such report shall set forth— (A) the total amount requested by the de- partment or agency for special access pro- grams within the budget submitted under sec- tion 1105 of title 31 for the fiscal year fol- lowing the fiscal year in which the report is submitted; and (B) for each program in such budget that is a special access program— (i) a brief description of the program; (ii) in the case of a procurement program, a brief discussion of the major milestones es- tablished for the program; (iii) the actual cost of the program for each fiscal year during which the program has been conducted before the fiscal year during which that budget is submitted; and (iv) the estimated total cost of the pro- gram and the estimated cost of the program for (I) the current fiscal year, (II) the fiscal year for which the budget is submitted, and (III) each of the four succeeding fiscal years during which the program is expected to be conducted. (b) Newly designated programs (1) Not later than February 1 of each year, the head of each covered department or agency shall submit to the congressional oversight commit- tees a report that, with respect to each new spe- cial access program of that department or agen- cy, provides— (A) notice of the designation of the program as a special access program; and (B) justification for such designation. (2) A report under paragraph (1) with respect to a program shall include— (A) the current estimate of the total pro- gram cost for the program; and (B) an identification, as applicable, of exist- ing programs or technologies that are similar to the technology, or that have a mission similar to the technology, or that have a mis- sion similar to the mission, of the program that is the subject of the notice. (3) In this subsection, the term ‘‘new special access program’’ means a special access program that has not previously been covered in a notice and justification under this subsection. (c) Revision in classification of programs (1) Whenever a change in the classification of a special access program of a covered depart-