H. R. 5630—9
(b) CLERICAL AMENDMENT.—The table of contents for the
National Security Act of 1947 is amended by inserting after the
item relating to section 115 the following new item:
‘‘Sec. 116. Travel on any common carrier for certain intelligence collection per-
sonnel.’’.
SEC. 306. UPDATE OF REPORT ON EFFECTS OF FOREIGN ESPIONAGE
ON UNITED STATES TRADE SECRETS.
Not later than 270 days after the date of the enactment of
this Act, the Director of Central Intelligence shall submit to Con-
gress a report that updates and revises, as necessary, the report
prepared by the Director pursuant to section 310 of the Intelligence
Authorization Act for Fiscal Year 2000 (Public Law 106–120; 113
Stat. 1606).
SEC. 307. POW/MIA ANALYTIC CAPABILITY WITHIN THE INTELLIGENCE
COMMUNITY.
(a) IN GENERAL.—Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.), as amended by section 305(a), is further
amended by adding at the end the following:
‘‘POW/MIA ANALYTIC CAPABILITY
‘‘SEC. 117. (a) REQUIREMENT.—(1) The Director of Central Intel-
ligence shall, in consultation with the Secretary of Defense, estab-
lish and maintain in the intelligence community an analytic capa-
bility with responsibility for intelligence in support of the activities
of the United States relating to individuals who, after December
31, 1990, are unaccounted for United States personnel.
‘‘(2) The analytic capability maintained under paragraph (1)
shall be known as the ‘POW/MIA analytic capability of the intel-
ligence community’.
‘‘(b) UNACCOUNTED FOR UNITED STATES PERSONNEL.—In this
section, the term ‘unaccounted for United States personnel’ means
the following:
‘‘(1) Any missing person (as that term is defined in section
1513(1) of title 10, United States Code).
‘‘(2) Any United States national who was killed while
engaged in activities on behalf of the United States and whose
remains have not been repatriated to the United States.’’.
(b) CLERICAL AMENDMENT.—The table of contents for the
National Security Act of 1947, as amended by section 305(b), is
further amended by inserting after the item relating to section
116 the following new item:
‘‘Sec. 117. POW/MIA analytic capability.’’.
SEC. 308. APPLICABILITY TO LAWFUL UNITED STATES INTELLIGENCE
ACTIVITIES OF FEDERAL LAWS IMPLEMENTING INTER-
NATIONAL TREATIES AND AGREEMENTS.
(a) IN GENERAL.—The National Security Act of 1947 (50 U.S.C.
401 et seq.) is amended by adding at the end the following new
title:
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‘‘TITLE X—ADDITIONAL MISCELLANEOUS PROVISIONS
‘‘APPLICABILITY TO UNITED STATES INTELLIGENCE ACTIVITIES OF FED-
ERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND AGREE-
MENTS
‘‘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 inter-
national agreement shall be construed as making unlawful an other-
wise 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 im-
plementing international treaties and agreements.’’.
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.
(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
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the date on which the Director certifies under subsection (a) that
the covered element involved is in full compliance with the direc-
tives 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 deter-
mines 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) The term ‘‘appropriate committees of Congress’’ means
the following:
(A) The Select Committee on Intelligence and the Com-
mittee 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 mate-
rial 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 classi-
fication 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 Intel-
ligence.
SEC. 310. DESIGNATION OF DANIEL PATRICK MOYNIHAN PLACE.
(a) FINDINGS.—Congress finds that—
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(1) during the second half of the twentieth century, Senator
Daniel Patrick Moynihan promoted the importance of architec-
ture and urban planning in the Nation’s Capital, particularly
with respect to the portion of Pennsylvania Avenue between
the White House and the United States Capitol (referred to
in this subsection as the ‘‘Avenue’’);
(2) Senator Moynihan has stressed the unique significance
of the Avenue as conceived by Pierre Charles L’Enfant to be
the ‘‘grand axis’’ of the Nation’s Capital as well as a symbolic
representation of the separate yet unified branches of the
United States Government;
(3) through his service to the Ad Hoc Committee on Federal
Office Space (1961–1962), as a member of the President’s
Council on Pennsylvania Avenue (1962–1964), and as vice-
chairman of the President’s Temporary Commission on Pennsyl-
vania Avenue (1965–1969), and in his various capacities in
the executive and legislative branches, Senator Moynihan has
consistently and creatively sought to fulfill President Kennedy’s
recommendation of June 1, 1962, that the Avenue not become
a ‘‘solid phalanx of public and private office buildings which
close down completely at night and on weekends,’’ but that
it be ‘‘lively, friendly, and inviting, as well as dignified and
impressive’’;
(4)(A) Senator Moynihan helped draft a Federal architec-
tural policy, known as the ‘‘Guiding Principles for Federal
Architecture,’’ that recommends a choice of designs that are
‘‘efficient and economical’’ and that provide ‘‘visual testimony
to the dignity, enterprise, vigor, and stability’’ of the United
States Government; and
(B) the Guiding Principles for Federal Architecture further
state that the ‘‘development of an official style must be avoided.
Design must flow from the architectural profession to the
Government, and not vice versa.’’;
(5) Senator Moynihan has encouraged—
(A) the construction of new buildings along the Avenue,
such as the Ronald Reagan Building and International
Trade Center; and
(B) the establishment of an academic institution along
the Avenue, namely the Woodrow Wilson International
Center for Scholars, a living memorial to President Wilson;
and
(6) as Senator Moynihan’s service in the Senate concludes,
it is appropriate to commemorate his legacy of public service
and his commitment to thoughtful urban design in the Nation’s
Capital.
(b) DESIGNATION.—The parcel of land located in the northwest
quadrant of Washington, District of Columbia, and described in
subsection (c) shall be known and designated as ‘‘Daniel Patrick
Moynihan Place’’.
(c) BOUNDARIES.—The parcel of land described in this sub-
section is the portion of Woodrow Wilson Plaza (as designated
by Public Law 103–284 (108 Stat. 1448)) that is bounded—
(1) on the west by the eastern facade of the Ronald Reagan
Building and International Trade Center;
(2) on the east by the western facade of the Ariel Rios
Building;