senate Bill S2407

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 17, 2013 referred to finance

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S2407 - Bill Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §719, Exec L
Versions Introduced in 2011-2012 Legislative Session:
S6643

S2407 - Bill Texts

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

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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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2407

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06095-01-3

S. 2407                             2

  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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