50 U.S.C. § 435a : US Code - Section 435A: Limitation on handling, retention, and storage of certain classified materials by the Department of State

Search 50 U.S.C. § 435a : US Code - Section 435A: 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 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) of this section 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) of this
section, 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) of this section, 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) of this section as of such date
that the covered element is in full compliance with the directives
referred to in subsection (a) of this section.
(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) of this section 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) of this section
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)
of this section, 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 International Relations of the House of
Representatives.
(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.