Bill S2407-2013

Establishes a legislative intelligence committee to provide oversight, review, approval and audits of appropriations and expenditures of counterterrorism agencies

Establishes a legislative intelligence committee to provide oversight, review, approval and audits of appropriations and expenditures of counterterrorism agencies.

Details

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  • Jan 17, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S2407

TITLE OF BILL: An act to amend the executive law, in relation to establishing a legislative intelligence committee

PURPOSE:: To create a bi-cameral and bi-partisan select legislative intelligence committee with the responsibility of providing oversight, review approval and audit regarding the appropriation, allocation and expenditure of all funds, state, federal and private intended for the Office of Homeland Security and all involved state, cities, municipalities and all legal political subdivision engaged in any and all homeland security and anti-terrorism activities. The committee shall have the power to compel the attendance of witnesses and the production of records. The State Office of Homeland Security shall be responsible for the submission of periodic reports to the bi-cameral, bi-partisan legislative intelligence committee with a frequency to be established by the committee, regarding the proposed allocation of all funds, state, federal and private, including The New York City Police Department Counter-Terrorism Foundation, Inc and the New York City Police Department Foundation, and any other not-for-profit corporations or entities intended for homeland security and anti-terrorism activities. Legislative members of the intelligence committee shall be subject to the confidentiality protocol related to sensitive information and be subject to the requisite security clearances established by the federal government.

SUMMARY OF PROVISIONS: This bill creates a committee with extensive powers to oversee, examine, review and approve all homeland security and anti-terrorism activities executed by any law-enforcement officer or employee subject to the New York State Pension system or any consultants who shall be paid from all funds, state, federal and private intended for homeland security and anti-terrorism activities.

EFFECTS OF THE PRESENT LAW WHICH THIS BILL WOULD ALTER: This bill would establish a bi-cameral and bi-partisan select legislative intelligence committee (§709.2; ensure the oversight, review approval and audit regarding the appropriation, allocation and expenditure of all funds, state, federal and private for all involved state agencies, cities with a population of over one million, municipalities and their sub-divisions engaged in any and all homeland security and anti-terrorism activities[new §709.3(b]); coordinate and facilitate information delivery to the legislative select intelligence committee (new §709.3 (g)); increase the frequency of reports as established by the bi-cameral, bi-partisan legislative intelligence committee (§ 711.1); and ensure that members of said committee are subject to a confidentiality protocol and security clearances established by the federal government for the levels of sensitive information.

JUSTIFICATION:: Surveillance activities by New York State based law-enforcement officers, employed by the State and its subdivisions and members of the New York State Pension system, have been engaged in surveillance and intelligence activities specifically focused on mosques,

businesses and the websites, educational institutions, student organizations affiliated with individuals of Muslim faith within New York State and beyond its geographic boundaries, including other states. NYPD also conducts operations in at least eleven foreign cities including London, Paris, Madrid and Tel Aviv clearly basing their investigations on the basis of religion. Currently the NYPD is "prohibited under its own guidelines and city law from basing its investigations on religion" and many of its own recommendations are prohibited under FBI guidelines. Intelligence expelts have identified New York State as not having a focal point for intelligence but rather as embedded into other disciplines. The NYS appropriation of federal funds for counter-terrorism in SFY 2012- 2013 is $600 million, of which 80% or $480 million is allocated to the City of New York. The US Department of Homeland Security has provided New York City with approximately $2.5 billion in the past ten years to aid their counterterrorism efforts. Twenty percent of the appropriation is allocated to administration. Recent reports have inferred that activities carried out by NYPD beyond its borders are "rogue" and have not been approved by the extra-state jurisdictions in which they have been implemented.

It bears noting that the Central Intelligence Agency has been actively assisting NYPD for the last ten years notwithstanding a disavowal, according to press reports, by Scott Muller, CIA General Counsel. Such collaborations are subject to the General Counsel's approval.

This bill seeks to secure the safety and civil rights of the residents of New York State and to ensure the lawful allocation of funds for intelligence activities implemented within its borders and by employees of the State, its cities and municipal subdivisions.

LEGISLATIVE HISTORY:: This is a new bill.

FISCAL IMPLICATION:: To be determined.

EFFECTIVE DATE:: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2407 2013-2014 Regular Sessions IN SENATE January 17, 2013 ___________
Introduced by Sens. ADAMS, AVELLA, HASSELL-THOMPSON, MONTGOMERY, PARKER, PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to establishing a legis- lative intelligence committee THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 719 to read as follows: S 719. LEGISLATIVE INTELLIGENCE COMMITTEE. 1. THERE IS HEREBY ESTAB- LISHED A LEGISLATIVE INTELLIGENCE COMMITTEE. SUCH COMMITTEE SHALL CONSIST OF TWELVE MEMBERS, THREE OF WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, THREE OF WHOM SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, THREE OF WHOM SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE AND THREE OF WHOM SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY. MEMBERS OF THE COMMITTEE SHALL SERVE AT THE PLEASURE OF THE APPOINTING AUTHORITY. VACANCIES ON THE COMMITTEE SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINT- MENT. MEMBERS OF THE COMMITTEE SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION. 2. FOR PURPOSES OF THIS SECTION, THE TERM "COUNTERTERRORISM AGENCY" SHALL MEAN THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, THE OFFICE OF COUNTERTERRORISM, THE NEW YORK CITY POLICE DEPARTMENT COUN- TER-TERRORISM FOUNDATION, INC., THE NEW YORK CITY POLICE DEPARTMENT FOUNDATION, ANY NOT-FOR-PROFIT CORPORATION OR ANY OTHER ENTITY UNDER THE JURISDICTION OF ANY CITY, COUNTY, TOWN OR VILLAGE LOCATED WITHIN THIS STATE THAT IS ESTABLISHED FOR THE PURPOSE OF ENGAGING IN COUNTERTERROR- ISM ACTIVITIES. 3. THE LEGISLATIVE INTELLIGENCE COMMITTEE ESTABLISHED PURSUANT TO THIS SECTION SHALL:
A. PROVIDE OVERSIGHT AND REVIEW OF ALL APPROPRIATIONS AND ALLOCATIONS TO EVERY COUNTERTERRORISM AGENCY LOCATED WITHIN THE STATE FROM ANY SOURCE; B. APPROVE THE EXPENDITURE OF ANY FUNDS MADE BY EVERY COUNTERTERRORISM AGENCY LOCATED WITHIN THE STATE PRIOR TO THE EXPENDITURE OF SUCH FUNDS; C. CONDUCT AUDITS REGARDING THE APPROPRIATION, ALLOCATION AND EXPENDI- TURE OF ALL FUNDS OF EVERY COUNTERTERRORISM AGENCY LOCATED WITHIN THE STATE; AND D. REQUIRE AND RECEIVE REPORTS FROM THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES IN A MANNER AND FREQUENCY TO BE DETERMINED BY THE COMMITTEE. SUCH REPORTS SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMA- TION REGARDING THE APPROPRIATION, ALLOCATION AND EXPENDITURE OF ALL FUNDS OF EVERY COUNTERTERRORISM AGENCY LOCATED WITHIN THE STATE, AND ANY OTHER INFORMATION THE COMMITTEE SHALL DEEM NECESSARY. 4. THE LEGISLATIVE INTELLIGENCE COMMITTEE SHALL HAVE THE POWER TO SUBPOENA AND TO TAKE TESTIMONY BY DEPOSITION AND THE POWER TO COMPEL THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF RECORDS, IN THE SAME MANNER AS PRESCRIBED BY LAW IN JUDICIAL PROCEEDINGS IN THE COURTS OF THIS STATE. 5. THE LEGISLATIVE INTELLIGENCE COMMITTEE IS AUTHORIZED TO EMPLOY, CONTRACT FOR OR UTILIZE THE SERVICES OF ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION, CORPORATION, GOVERNMENTAL AGENCY, OR AUTHORITY TO CARRY OUT ITS POWERS AND DUTIES AUTHORIZED OR MANDATED PURSUANT TO THE PROVISIONS OF THIS SECTION. 6. MEMBERS OF THE LEGISLATIVE INTELLIGENCE COMMITTEE SHALL BE SUBJECT TO THE CONFIDENTIALITY PROTOCOL RELATED TO SENSITIVE INFORMATION AND BE SUBJECT TO REQUISITE SECURITY CLEARANCES AS ESTABLISHED BY THE FEDERAL GOVERNMENT. S 2. This act shall take effect immediately.

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