THE NATIONAL INTELLIGENCE ACT OF 1980 SUMMARY OF KEY PROVISIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00988R000200160007-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 16, 2016
• Document Release Date: June 13, 2005
• Sequence Number: 7
• Content Type: SUMMARY

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Summary of Key Provisions
TITLE I
Statutory Authorization
The Act provides comprehensive statutory authority
for U.S. intelligence activities, including--
-- foreign intelligence activities (collection,
analysis, production);
-- counterintelligence activities (against clandestine
intelligence activities of foreign powers);
-- counterterrorism intelligence activities (against
international terrorism);
-- special activities (or covert action).
Special Activities
The purpose of the Act is to ensure that special
activities are undertaken only--
in support of important national security interests;
-- when overt alternatives would not be likely to
achieve the objective;
-- when the activities are consistent with U.S. aims,
values, and policies; and
-- when the anticipated benefits justify the foreseeable
risks and likely consequences.
There must be a prior presidential finding that the activity
or category of activities is important to national security
and consistent with these purposes.
-- Each activity that involves substantial resources,
risks, or consequences requires a presidential finding.
-- Other presidential findings may be by category, and
a National Security Council committee is to ensure
that each activity in the category is consistent
with the presidential finding.
Presidential findings are preceded by a National Security
Co' z,c it L rr ni.ttee :Le~iiew, 1n 1 "a~. d '"
,, .i. " ' - ? ^,~;,$ . T 1H C
NSC committee must include the Secretaries of State and Defense,
the Attorney General, the Director of National Intelligence,
or if unavailable their representatives.
On file NSC release insruction applies
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Limitations
General limitations on intelligence authorities include
the following--
-- a ban on assassination;
-- Presidential guidelines to protect the integrity and
independence of private U.S. institutions and limits
on religious, media, and educational cover;
-- a ban on covert domestic publication;
-- restrictions on concealed sponsorship of contract
arrangements with U.S. organizations;
a ban on requesting or encouraging others to act
on behalf of the U.S. Government in violation of
the charter.
Intelligence Oversight Board
Matters of legality or propriety are handled by an
Intelligence Oversight Board appointed by the President.
Specific duties are assigned to--
the general counsels and inspectors general of
each. agency;
-?- the Attorney General regarding legal questions; and
-- agency heads for reporting law violations and
taking disciplinary action.
Congressional Oversight
The congressional oversight provisions parallel
Executive Order 12036 and S.Res. 400 which created the
Senate Intelligence Committee. Consistent with the consti-
tutional authorities and duties of the executive and
legislative branches, the agency heads are to--
keep the Intelligence Committees fully and currently
informed of all intelligence activities, including
any significant anticipated activity; but this does
not require committee approval or consent as a
"condition precedent to the initiation" of any
activity;
furnish the Intelligence Committees, upon request,
any information or material concerning intelligence
activities; and
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-- report in a timely fashion to the Intelligence
Committees information about illegal or improper
intelligence activities and corrective actions.
Each special activity or category of special activities is
a "significant intelligence activity" requiring prior notice
to the Intelligence Committees. However, if the President
finds it essential to meet extraordinary circumstances affecting
vital national interests, prior notice may be limited for a 48-
hour period to the chairmen and ranking minority members of
the Intelligence Committees, the Speaker and minority leader
of the House, and the majority and minority leader of the Senate.
Activities Affecting U.S. Persons
The Act establishes basic statutory standards, and
requires procedures approved by the Attorney General, for
activities that affect U.S. persons. "Extraordinary
techniques" (wiretaps, searches) and other "covert techniques"
designated by the President to protect privacy are subject to
additional regulation.
-- Counterintelligence and counterterrorism intelligence
activities directed against U.S. persons must be
based on facts and circumstances which reasonably
indicate that the person is or may be engaged in
clandestine intelligence activities on behalf of a
foreign power or international terrorism.
-- Foreign intelligence may be collected by "covert
techniques" or "extraordinary techniques" directed
against U.S. persons only in the course of counter-
intelligence or counterterrorism intelligence
collection or if the President finds that extra-
ordinary circumstances require targeting a U.S.
person to obtain essential foreign intelligence.
-- Court orders from the court set up by the Foreign
Intelligence Surveillance Act are required for
"extraordinary techniques" directed against U.S.
persons abroad. A criminal standard is not
required, and provision is made to protect liaison
relationships with foreign governments. A three-
dav emergencv authority ?.s also granted to act
before obtaining a court order.
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Three other limited types of authority are granted, but may
not involve she use of "covert techniques" or "extraordinary
techniques" against U.S. persons.
Collection of information concerning U.S. persons
who are targets of clandestine intelligence gathering
activity of foreign governments.
Collection of information concerning U.S. persons
to determine the suitability of potential sources.
-- Collection of information concerning U.S. persons
to provide security for intelligence activities.
Reports to the Attorney General or a designee are required
for activities that continue beyond a year, and for sensitive
activities that may affect First Amendment rights.
Criminal and Civil Penalties
The criminal penalties and civil liability provisions
of the Foreign Intelligence Surveillance Act are applied to
employees of the United States who violate the charter pro-
visions on electronic surveillance of Americans abroad and
physical search in the United States or against Americans abroad.
Intelligence Community Organization
The Act establishes an "intelligence community" under
the policy guidance of the National Security Council and
composed of
-- the Director of National Intelligence (DNI);
-- CIA, NSA, and DIA;
-- the FBI Intelligence Division;
-- the State Department Bureau of Intelligence and Research;
-- other Defense Department intelligence components;
the foreign intelligence components of the Treasury
and Energy Departments; and
ii.tf-l1igencC coMPOLLErLL-5 Of Ytiiet Departments -and
agencies, as designated by the President.
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Specific responsibilities are assigned to the Director of
National Intelligence, the FBI Director, and the NSA Director--
-- The DNI remains CIA Director unless the President
splits the "two hats" and appoints the Deputy DNI
or an Assistant DNI as CIA Director.
-- The FBI Director has primary responsibility for
counterintelligence and counterterrorism intelligence
activities in the United States.
-- The NSA Director has principal responsibility for
signals intelligence activities.
The detailed authorities of the CIA, the FBI Intelligence
Division, and NSA are spelled out in separate titles.
Director of National Intelligence
The community-wide responsibilities of the DNI reflect
the duties presently assigned to the Director of Central
Intelligence. They include:
-- coordinating all collection of "national intelligence"
to meet national policymaking needs;
-- coordinating all clandestine collection, counter-
intelligence, and counterterrorism intelligence
activities abroad;
-- ensuring appropriate implementation of special
activities;
-- producing community-wide "national intelligence"
estimates and analyses;
-- protecting intelligence sources and methods from
unauthorized disclosure; and
-- prepare and submit a national intelligence budget
for the intelligence community.
The DNI is mandated to evaluate the quality of "national
intelligence" and to ensure that any diverse viewpoints are
presented fully, considered carefully, and expressed clearly
for policymakers.
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Freedom of Information Act Exemption
The CIA is given a limited exemption from the Freedom
of Information Act for files specifically designated to
be concerned with--
the design, function, deployment, exploitation
or utilization of scientific or technical systems
for the collection of intelligence;
-- special activities and intelligence operations;
-- inquiries to determine the suitability of potential
intelligence sources; or
-- intelligence and security liaison arrangements or
information exchanges with foreign governments.
However, the Freedom of Information Act and Privacy Act
would still apply to requests by U.S. citizens and resident
aliens for information concerning themselves.
Criminal Penalty for Unauthorized Disclosure
Criminal penalties are imposed on persons who have or
have had access to classified information that identifies an
undercover intelligence agent and violate their obligation
to protect its secrecy.
Phy.i i.cal Searches Within the United Stares
The Foreign Intelligence Surveillance Act is amended
to require the court order procedures of that law for
"physi.cal search," defined as any search of property-located
in the United States and any opening of mail in the United
States, under circumstances in which a warrant would be
required for law enforcement. The standards remain the same.
There must be probable cause of criminal activity by any
U.S. person whose property or mail is to be searched.
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