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106TH CONGRESS

1ST SESSION S. 91

To restrict intelligence sharing with the United Nations.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Ms. SNOWE introduced the following bill; which was read twice and referred

to the Committee on Foreign Relations

A BILL

To restrict intelligence sharing with the United Nations.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. RESTRICTIONS ON INTELLIGENCE SHARING

4 WITH THE UNITED NATIONS.

5 The United Nations Participation Act of 1945 (22

6 U.S.C. 287 et seq.) is amended by adding at the end the

7 following new section:

8 ‘‘SEC. 13. RESTRICTIONS ON INTELLIGENCE SHARING WITH

9 THE UNITED NATIONS.

10 ‘‘(a) PROVISION OF INTELLIGENCE INFORMATION TO

11 THE UNITED NATIONS.—
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1 ‘‘(1) No United States intelligence information

2 may be provided to the United Nations or any orga3 nization affiliated with the United Nations, or to any

4 official or employee thereof, unless the President

5 certifies to the Committee on Foreign Relations and

6 the Select Committee on Intelligence of the Senate

7 and the Committee on International Relations and

8 the Permanent Select Committee on Intelligence of

9 the House of Representatives that the Director of

10 Central Intelligence (in this section referred to as

11 the ‘DCI’), in consultation with the Secretary of

12 State and the Secretary of Defense, has required,

13 and such organization has established and imple14 mented, procedures for protecting intelligence

15 sources and methods (including protection from re16 lease to nations and foreign nationals that are other17 wise not eligible to receive such information) no less

18 stringent than procedures maintained by nations

19 with which the United States regularly shares simi20 lar types of intelligence information. Such certifi21 cation shall include a description of the procedures

22 in effect at such organization.

23 ‘‘(2) Paragraph (1) may be waived upon written

24 certification by the President to the appropriate

25 committees of Congress that providing such informa-
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1 tion to the United Nations or an organization affili2 ated with the United Nations, or to any official or

3 employee thereof, is in the direct national security

4 interest of the United States and that all possible

5 measures protecting such information have been

6 taken, except that such waiver must be made for

7 each instance such information is provided, or for

8 each such document provided.

9 ‘‘(b) PERIODIC AND SPECIAL REPORTS.—

10 ‘‘(1) The President shall periodically report, but

11 not less frequently than quarterly, to the Committee

12 on Foreign Relations and the Select Committee on

13 Intelligence of the Senate and the Committee on

14 International Relations and the Permanent Select

15 Committee on Intelligence of the House of Rep16 resentatives on the types and volume of intelligence

17 provided to the United Nations and the purposes for

18 which it was provided during the period covered by

19 the report. Such periodic reports shall be submitted

20 to the Select Committee on Intelligence of the Sen21 ate and the Permanent Select Committee on Intel22 ligence of the House of Representatives with an

23 annex containing a counterintelligence and security

24 assessment of all risks, including an evaluation of

25 any potential adverse impact on national collection
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1 systems, of providing intelligence to the United Na2 tions, together with information on how such risks

3 have been addressed.

4 ‘‘(2) The President shall submit a special report

5 to the Committee on Foreign Relations and the Se6 lect Committee on Intelligence of the Senate and the

7 Committee on International Relations and the Per8 manent Select Committee on Intelligence of the

9 House of Representatives within 15 days after the

10 United States Government becomes aware of any

11 unauthorized disclosure of intelligence provided to

12 the United Nations by the United States.

13 ‘‘(c) LIMITATION.—The restrictions of subsection (a)

14 and the requirement for periodic reports under paragraph

15 (1) of subsection (a) shall not apply to the provision of

16 intelligence that is provided only to, and for the use of,

17 appropriately cleared United States Government personnel

18 serving with the United Nations.

19 ‘‘(d) DELEGATION OF DUTIES.—The President may

20 not delegate or assign the duties of the President under

21 subsection (a).

22 ‘‘(e) RELATIONSHIP TO EXISTING LAW.—Nothing in

23 this section shall be construed to—

24 ‘‘(1) impair or otherwise affect the authority of

25 the Director of Central Intelligence to protect intel-
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1 ligence sources and methods from unauthorized dis2 closure pursuant to section 103(c)(5) of the Na3 tional Security Act of 1947 (50 U.S.C. 403–3(c)(5));

4 or

5 ‘‘(2) supersede or otherwise affect the provi6 sions of title V of the National Security Act of 1947

7 (50 U.S.C. 413 et seq.).’’.

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