National Intelligence Act of 1980

National Intelligence Act of 1980 - Title I: Authorization for Intelligence Activities - Defines, for purposes of this Act, the terms: (1) "intelligence" as any information relating to or resulting from any foreign intelligence, counterintelligence, counterterrorism intelligence, or special activity; (2) "intelligence community" to include the Office of the Director of National Intelligence (ODNI), the Central Intelligence Agency (CIA), the Defense Intelligence Agency (DIA), the National Security Agency (NSA), specified offices of the Department of Defense, the intelligence components of the military services and the Federal Bureau of Investigation (FBI), the Bureau of Intelligence and Research of the Department of State, the foreign intelligence components of the Department of the Treasury and the Department of Energy, and any successor to any such entity; (3) "national intelligence" as foreign intelligence which is used in the formulation of national policy; (4) "special activity" as an activity conducted abroad which is designed to further U.S. programs and executed so that the role of the U.S. is not acknowledged publicly; (5) "United States person" to include any association organized in the United States or any unincorporated association the members of which are U.S. citizens or resident aliens, which is not openly acknowledged to be controlled by a foreign government.

Authorizes the entities of the intelligence community to conduct intelligence activities, under the direction and review of the National Security Council, in accordance with the provisions of this Act.

Directs the National Security Council (NSC) to provide the highest level review of, and direction to, the conduct of intelligence activities. Lists the responsibilities of NSC, which include assisting the President in developing communications security policies. Authorizes the President to establish committees of NSC as may be necessary to carry out its responsibilities.

Permits special activities to be conducted by: (1) the Central Intelligence Agency; (2) the Department of Defense in a period of war or to the extent necessary for hostilities under the War Powers Resolution; or (3) by another agency as determined by the President. Allows the President and the NSC to designate other agencies to provide support for any special activity.

Requires any special activity to be authorized by the President only after: (1) the President finds that (a) such activity is important to the national security, (b) overt or less sensitive alternatives would not achieve the intended objective, and (c) the anticipated benefits of such activity justify its risks and consequences; and (2) the NSC or an NSC committee conducts a review and recommends a decision concerning such activity to the President. Directs the NSC to supervise special activities. Requires the President to establish procedures for approving other sensitive intelligence activities.

Prohibits any person acting on behalf of the U.S. to engage or conspire to engage in assassination.

Directs the President to establish guidelines for intelligence activities which protect the integrity and independence of private U.S. institutions. Prohibits any intelligence community entity from establishing as a cover for any of its agents an affiliation with a U.S. religious, media, or educational institution, the Peace Corps, or any Government program designed to promote education, the arts, humanities, or cultural affairs through international exchanges.

Prohibits any intelligence community entity from supporting any communication for the purpose of influencing public opinion within the United States unless Government involvement is acknowledged.

Permits an entity to conceal its sponsorship of a contract for the provision of goods or services for an organization under specified circumstances.

Prohibits an intelligence entity from encouraging any person to commit an act which the entity is prohibited from committing.

Directs the President to appoint an Intelligence Oversight Board (IOB) (previously established pursuant to Executive Order 11905) which shall function to provide the President independent oversight of the intelligence community.

Requires each intelligence entity to designate: (1) a general counsel who shall review entity activities and rules to ensure compliance with Federal laws and Presidential and entity directives; and (2) an inspector general who shall determine how entity functions may be performed more effectively, and advise the entity head respecting matters of legality.

Directs the Attorney General: (1) to report to the IOB and the President any intelligence activities involving serious questions of law; and (2) to keep the IOB and entity general counsels informed of Department of Justice opinions affecting the intelligence community.

Requires the head of each intelligence entity to report to the Attorney General any evidence of possible violations of Federal criminal laws by an entity employee or any other person. Empowers each entity head to take disciplinary action against any employee who violates a provision of this Act or a regulation established pursuant to this Act.

Directs each entity head: (1) to keep the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence (Committees) fully informed of all intelligence activities, including anticipated special activities, of such entity; and (2) to furnish the Committees information concerning such activities and copies of all record schedules submitted to the Archivist of the United States. Requires each Committee to report, at least annually, to its respective House on U.S. intelligence activities. Sets forth House and Senate rules governing the disclosure to the public and to Members and employees of Congress of any classified intelligence information.

Requires a previous authorization before funds may be appropriated for national intelligence, counterintelligence or counterterrorism intelligence activities.

Declares that all intelligence activities shall be subject to audit and review by the Comptroller General at the request of either Committee. Permits the Director of National Intelligence to exempt certain activities from audit or review.

Title II: Standards for Intelligence Activities - Defines the term: (1) "covert technique" as any "extraordinary technique" and any other category or type of collection activity that is designated by the President for the purpose of protecting privacy and constitutional rights from significant intrusion; and (2) "extraordinary technique" as any technique, including electronic surveillance or a physical search, directed at a U.S. person outside the United States for which a warrant would be required if undertaken in the United States.

Sets forth guidelines and restrictions with regard to the collection, retention, and dissemination of intelligence concerning U.S. persons by an intelligence entity. Permits an entity: (1) to utilize any technique of conducting an intelligence activity against any person with that person's consent; (2) to collect publicly available information; and (3) to retain and disseminate any information about a person which does not identify that person.

Permits an intelligence entity to conduct intelligence activities directed against U.S. persons only in accordance with procedures established by the entity head and approved by the Attorney General. Requires that such procedures: (1) protect constitutional rights and privacy; (2) designate officials to initiate, approve, review, and make records of such activities; (3) include minimization procedures; and (4) define the scope, intensity, and duration of the different types of activities. Directs the entity head to submit the procedures to the Committees before their effective date.

Prohibits the collection of foreign intelligence by covert techniques directed against U.S. persons except: (1) in the course of collecting connterintelligence or counterterrorism intelligence; or (2) when the President finds, after a review and recommendation by the NSC, that because of extraordinary circumstances, the information is essential to national security and cannot be acquired by any other means. Requires that the Attorney General be advised concerning any such collection. Authorizes such collections only by: (1) the FBI; (2) the National Security Agency when directed at foreign electromagnetic communications; and (3) the CIA, with the approval of the Attorney General, when the target is a senior foreign official or an entity controlled by a foreign power.

Allows counterintelligence or counterterrorism intelligence activities to be directed against a U.S. person without the person's consent only if there is reasonable evidence that the person is engaged in clandestine intelligence activities for a foreign power or terrorist activity. Specifies the means by which such intelligence may be collected, under certain conditions, including the use of mail covers, physical surveillance, and directed collection.

Prohibits the use of covert techniques or mail covers in the collection of information about a U.S. person: (1) whom a designated official finds is the target of foreign intelligence activity; (2) who is being considered as a potential source of intelligence or operational assistance; and (3) in regard to providing personnel, document, communication, or physical security for intelligence activities. Sets forth conditions for collecting such information.

Requires the head of each intelligence entity to review, annually, any intelligence activity directed against a U.S. person which lasts over one year and to report on such review to the Attorney General.

Prohibits the use of extraordinary techniques to collect information concerning a U.S. person outside the United States, except pursuant to a court order. Specifies the requirements which must be satisfied before a court may issue an order to use such techniques to collect foreign intelligence, counterintelligence, or counterterrorism intelligence. Precludes an order from authorizing the use of an extraordinary technique for a period exceeding 90 days. Directs the court established pursuant to the Foreign Intelligence Search and Surveillance Act to observe the procedural and administrative provisions of such Act when reviewing applications for court orders under this Title. Permits military judges appointed by the Secretary of Defense to issue orders for extraordinary techniques directed against military personnel abroad in accordance with provisions of this title.

Prohibits a court, when determining whether to issue a court order, from requiring the disclosure of any cooperative or liaison relationship between a Government agency and a foreign government, if the Director of National Intelligence determines such disclosure would jeopardize that relationship.

Permits an intelligence entity to conduct covert or extraordinary techniques without approval or a court order for 72 hours if the entity head determines that an emergency situation exists and that the factual basis for approval or a court order exists.

Specifies the criminal penalties and civil liability to be applied to any Government employee who intentionally engages in foreign electronic surveillance or foreign physical search or discloses information obtained by such methods except as authorized by statute.

Title III: The Intelligence Community - Creates the Office of the Director of National Intelligence (ODNI) as an independent executive establishment. Declares that the Director and Deputy Director of National Intelligence shall be appointed by the President, by and with the advice and consent of the Senate, to serve at the pleasure of the President for not more than ten years.

Sets forth the duties and authorities of the Director who shall serve as the principal foreign intelligence officer of the United States. Requires the Director: (1) to be responsible for coordinating all national intelligence, counterintelligence, and counterterrorism intelligence activities; (2) to evaluate the quality of national intelligence and the management of intelligence activities; (3) to direct national intelligence collection; (4) to be responsible for the production and dissemination of national intelligence; (5) to ensure the appropriate implementation of special activities and sensitive foreign intelligence, counterintelligence, and counterterrorism activities; (6) to develop policies with respect to intelligence arrangements with foreign governments; and (7) to be responsible for the management of information relating to intelligence sources and methods. Authorizes the Director to conduct program and performance audits of national intelligence activities, and to review all Government intelligence activities and supporting research and development activities.

Authorizes the President to appoint: (1) five Assistant Directors of National Intelligence, no more than two of whom may be military officers; and (2) a General Counsel to discharge the responsibilities of the general counsel of the ODNI and the CIA under this Act.

Authorizes the Director, the Attorney General, and the head of each intelligence entity to establish such committees and boards as may be necessary to carry out provisions of this Act and to waive the provisions of the Federal Advisory Committee Act.

Requires the Director to make available to the public an annual, unclassified report on the national intelligence, counterintelligence, and counterterrorism intelligence activities conducted by intelligence entities.

Grants the Director exclusive authority for approval of the national intelligence budget submitted to the President. Authorizes the expenditure of ODNI funds to be accounted for solely on the certificate of the Director.

Title IV: Central Intelligence Agency - Reestablishes the CIA as an independent establishment in the executive branch. Declares that the Director of National Intelligence shall serve as Director of the CIA (Agency Director). Authorizes the President to appoint the Deputy Director of National Intelligence or an Assistant Director of National Intelligence as the Agency Director or to transfer any of the duties of the Agency Director to the Deputy or Assistant Director with the advice and consent of the Senate. Requires the Agency Director to appoint an Inspector General to carry out the duties of inspector general under this Act for the ODNI and the CIA.

Sets forth the functions of the Agency which include: (1) conducting foreign intelligence, counterintelligence, and counterterrorism intelligence by clandestine means; (2) conducting special activities; (3)producing intelligence to meet the needs of the President, the NSC, and the ODNI; (4) acting as the agent of the Director of National Intelligence in coordinating intelligence activities abroad; (5) acting as a liaison with foreign government agencies; and (6) performing administrative functions for the ODNI.

Permits the Agency: (1) to collect foreign intelligence by clandestine means in the United States in coordination with the FBI; and (2) to conduct counterintelligence or counterterrorism intelligence activities by clandestine means in the United States only with the approval of the Director of the FBI.

Specifies security, personnel, and ancillary functions of the Agency to procure property and services, enter into contracts, and dispose of property when necessary to perform its authorized functions, without regard to the provisions of other laws.

Permits the Agency to establish and operate proprietaries in support of its functions. Requires the Agency to deposit excess funds generated by the proprietary into miscellaneous receipts of the Treasury.

Establishes the Contingency Reserve Fund for the payment of any expenses of an authorized intelligence activity which were not anticipated at the time the Agency's budget was submitted. Permits the Agency Director to withdraw money from the Fund if: (1) the Officer of Management and Budget approves the withdrawal; and (2) the Director notifies specified congressional committees of the withdrawal within a specified period.

Authorizes the Agency Director to pay employees the same benefits, travel allowances, and death gratuities as Foreign Service officers receive under current statutes.

Establishes a criminal penalty to be assessed against any person who uses the name, initials, or seal of the CIA without authorization to convey the impression that a publication or production is endorsed or authorized by the Agency.

Title V: Federal Bureau of Investigation - Declares that all intelligence functions of the FBI shall be performed under the supervision of the Attorney General. Requires the Attorney General to be guided by NSC policies and responsive to foreign intelligence collection requirements promulgated by the Director of National Intelligence. Directs the Attorney General and the FBI Director to review FBI intelligence activities annually and to designate officials to act as a general counsel and an inspector general for the FBI.

Specifies the duties of the FBI Director which include: (1) serving as the principal Government officer for conducting counterintelligence and counterterrorism intelligence activities within the U.S.; (2) ensuring that FBI intelligence activities are in accordance with this Act, Federal laws, and the Constitution; and (3) advising and assisting the Attorney General and the NSC on counterintelligence and counterterrorism intelligence matters.

Directs the FBI to: (1) collect and disseminate counterintelligence and counterterrorism intelligence; (2) conduct other intelligence activities as are necessary for lawful purposes; and (3) conduct liaison for counterintelligence or counterterrorism intelligence purposes with foreign governments.

Requires any FBI intelligence activities outside the United States to be coordinated with and approved by the CIA. Requires the approval of the Attorney General with respect to such activities which are not directly related to the FBI's domestic activities.

Permits another intelligence entity to conduct clandestine counterintelligence or counterterrorism intelligence activities within the U.S. only with written FBI approval and notice to the Attorney General.

Authorizes the FBI: (1) to collect foreign intelligence within the U.S. in the course of authorized collection of counterintelligence and counterterrorism intelligence; (2) to produce foreign intelligence in coordination with the Director of National Intelligence; and (3) to conduct activities in support of foreign intelligence collection programs of another intelligence entity with the FBI Director's approval and notice to the Attorney General. Requires the FBI to coordinate all collection of foreign intelligence by clandestine means within the United States by any intelligence entity. Allows only the FBI to collect foreign information, within the U.S., by clandestine means directed against an unconsenting U.S. person. Specifies conditions under which the FBI may collect counterintelligence or counterterrorism intelligence on the written request of a foreign government.

Authorizes the FBI: (1) to establish secure cover for employees and sources; (2) to establish and operate proprietaries; and (3) to procure goods or services in such a manner that the role of the FBI is not publicly acknowledged.

Title VI: National Security Agency - Defines the term "United States signals intelligence system" to include the National Security Agency, elements of the military departments and the CIA which perform signals intelligence activities, and other agencies authorized by the NSC to perform such activities.

Reestablishes the National Security Agency within the Department of Defense to conduct signals intelligence activities and communications security activities for the United States and to serve as the principal agency of the United States signals intelligence system. Directs the Secretary of Defense, in supervising the Agency, to comply with intelligence policies established by the NSC and with requirements established by the Director of National Intelligence.

States that the Director and Deputy Director of the Agency shall be appointed by the President, by and with the advice and consent of the Senate, to serve at the pleasure of the President for a period not to exceed 12 years.

Specifies the duties of the Director which include: (1) serving as the principal signals intelligence and communications security officer of the Government; (2) consolidating the signals intelligence and communications security functions of the Government; (3) preparing a consolidated United States signals intelligence program and budget and a consolidated Department of Defense communications security program and budget for each fiscal year; (4) conducting liaison on cryptologic matters with foreign governments; (5) instituting sufficient measures to ensure the confidentiality of U.S. communications; and (6) providing signals intelligence support for military operations in accordance with priorities assigned by the Secretary of Defense.

Provides for the appointment of a General Counsel and an Inspector General of the Agency.

Authorizes the Agency to: (1) rent, lease, construct, or alter buildings to carry out its functions under this title; (2) maintain secure cover for Agency employees and entities; and (3) direct the transfer of cryptologic equipment among intelligence entities and between intelligence entities and other agencies.

Permits the Agency to procure goods or services in the name of the Department of Defense and to conceal the participation of the Department when necessary for security.

Authorizes the Secretary of Defense to make funds available to the Agency for confidential or emergency expenses only from funds appropriated for that specific purpose.

Allows the Agency, under such regulations as the Agency approves, to provide Agency employees the same allowances, benefits, and death gratuities provided to Foreign Service employees.

Authorizes the Director to establish or assist in establishing commissary and mess services at posts outside the United States where such services or facilities are not provided by another agency.

Amends civil service retirement provisions to entitle certain Agency employees involved in hazardous duty to a special annuity.

Requires the Director to make special provision for the delegation of operational control of signals intelligence activities required to provide support to military commanders and agency heads.

Prohibits any organization outside the United States signals intelligence system from performing signals intelligence activities without NSC authorization.

Transfers all personnel, obligations, and contracts of the National Security Agency on the day before the enactment of this Title to the Director of the Agency.

Title VII: Protection of Identities of Certain Undercover Intelligence Officers, Agents, Informants, and Sources - Sets forth a criminal penalty to be imposed on any person: (1) who has or has had access to classified information which identifies an employee, agent, or information source of the CIA or any intelligence component of the Department of Defense; (2) who knows that the United States is trying to conceal such information; and (3) who intentionally discloses such information to any individual not authorized to receive classified information. States that only the person committing the offense shall be subject to prosecution under this title.

Title VIII: Physical Searches Within the United States - Amends the Foreign Intelligence Surveillance Act of 1978 to extend the procedures for the authorization of electronic surveillance for foreign intelligence purposes to the authorization of a physical search. Defines the term "physical search" as any search of property or opening of mail in the United States for which a warrant would be required for law enforcement purposes.

Permits the President, acting through the Attorney General, to authorize a physical search directed solely at property under foreign control provided that no property or mail of a United States person shall be seized. Permits the Attorney General to authorize physical entry of such property for electronic surveillance purposes. Prohibits any court order issued under such Act from authorizing more than one unconsented entry of real property except for electronic surveillance purposes.

Requires any court order approving more than one search of property or the opening of more than one item of mail to identify the authorized scope of the searches or opening of mail.

Title IX: Miscellaneous Amendments and Effective Date - Makes conforming and technical amendments. Repeals the Hughes-Ryan Amendment which prohibited the CIA from expending funds for certain operations in foreign countries until the President submitted a report on such operations to the appropriate committees of Congress. Specifies the effective date of this Act.