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.