Senate Bill S6643

                                BILL NUMBER:S6643

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.