Page:United States Statutes at Large Volume 114 Part 5.djvu/826

 114 STAT. 2840 PUBLIC LAW 106-567—DEC. 27, 2000 ' TITLE X—ADDITIONAL MISCELLANEOUS PROVISIONS "APPLICABILITY TO UNITED STATES INTELLIGENCE ACTIVITIES OF FED- ERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND AGREE- MENTS 50 USC 442. "SEC. 1001. (a) IN GENERAL.— NO Federal law enacted on or after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2001 that implements a treaty or other international agreement shall be construed as making unlawful an otherwise lawful and authorized intelligence activity of the United States Government or its employees, or any other person to the extent such other person is carrying out such activity on behalf of, and at the direction of, the United States, unless such Federal law specifically addresses such intelligence activity. "(b) AUTHORIZED INTELLIGENCE ACTIVITIES.—An intelligence activity shall be treated as authorized for purposes of subsection (a) if the intelligence activity is authorized by an appropriate official of the United States Government, acting within the scope of the official duties of that official and in compliance with Federal law and any applicable Presidential directive.". (b) CLERICAL AMENDMENT. — The table of contents for the National Security Act of 1947 is amended by inserting at the end the following new items: 'TITLE X—ADDITIONAL MISCELLANEOUS PROVISIONS "Sec. 1001. Applicability to United States intelligence activities of Federal laws implementing international treaties and agreements.". 50 USC 435a. SEC. 309. 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) if the covered element is currently subject to a waiver of compliance with respect to any such directive. Notification. (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. Effective date. (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

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