II

104TH CONGRESS

1ST SESSION S. 858

To restrict intelligence sharing with the United Nations.

IN THE SENATE OF THE UNITED STATES

MAY 25 (legislative day, MAY 15), 1995

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 (a) IN GENERAL.—The United Nations Participation

6 Act of 1945 (22 U.S.C. 287 et seq.) is amended by adding

7 at the end the following new section:

8 ‘‘SEC. 12. RESTRICTIONS ON INTELLIGENCE SHARING WITH

9 THE UNITED NATIONS.

10 ‘‘(a) PROVISION OF INTELLIGENCE INFORMATION TO

11 THE UNITED NATIONS.—(1) No United States intel12 ligence information may be provided to the United Nations
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1 or any organization affiliated with the United Nations, or

2 to any officials or employees thereof, unless the President

3 certifies to the appropriate committees of Congress that

4 the Director of Central Intelligence (in this section re5 ferred to as the ‘DCI’), in consultation with the Secretary

6 of State and the Secretary of Defense, has established and

7 implemented requirements which have been formally

8 agreed to and implemented by the United Nations for pro9 tecting intelligence sources and methods as a condition for

10 the provision of United States intelligence information to

11 the United Nations. Those requirements shall include, but

12 not be limited to—

13 ‘‘(A) the adoption by the United Nations of for14 mal security violation investigation procedures and

15 security clearance background investigation proce16 dures certified by the DCI as comparable to United

17 States procedures;

18 ‘‘(B) the agreement by the United Nations to

19 protect United States-provided intelligence informa20 tion in a manner certified by the DCI as comparable

21 to protections maintained by the United States Gov22 ernment of such information;

23 ‘‘(C) the agreement by the United Nations to

24 immediately notify the United States Government of

25 any unauthorized disclosure of United States-pro-
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1 vided intelligence, and to permit the full participa2 tion of United States law enforcement personnel in

3 the investigation of such disclosure;

4 ‘‘(D) prohibitions on access to United States5 provided intelligence information by nationals of

6 countries not otherwise eligible for the receipt of

7 such information;

8 ‘‘(E) prohibitions on access to United States9 provided intelligence information by the government

10 of any country designated by the Secretary of State

11 as a state supporter of terrorism;

12 ‘‘(F) prohibitions on access to United States13 provided intelligence information by any government

14 not eligible for the direct provision of such informa15 tion by the United States through existing bilateral

16 intelligence-sharing agreements; and

17 ‘‘(G) other measures which shall protect intel18 ligence sources and methods from unauthorized dis19 closure in accordance with section 103(c)(5) of the

20 National Security Act of 1947 (50 U.S.C. 403–

21 3(c)(5)).

22 ‘‘(2) Paragraph (1) may be waived upon written cer23 tification by the President to the appropriate committees

24 of Congress that providing such information to the United

25 Nations or an organization affiliated with the United Na-
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1 tions, or to any officials or employees thereof, is in the

2 vital national security interests of the United States and

3 that all possible measures protecting such information

4 have been taken, except that such waiver must be made

5 for each instance such information is provided, or for each

6 such document provided.

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

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

9 not less frequently than quarterly, to the Committee

10 on Foreign Relations and the Select Committee on

11 Intelligence of the Senate and the Committee on

12 International Relations and the Permanent Select

13 Committee on Intelligence of the House of Rep14 resentatives on the types and volume of intelligence

15 provided to the United Nations and the purposes for

16 which it was provided during the period covered by

17 the report. The President shall also report to the Se18 lect Committee on Intelligence of the Senate and the

19 Permanent Select Committee on Intelligence of the

20 House of Representatives within 15 days after it has

21 become known to the United States Government re22 garding any unauthorized disclosure of intelligence

23 provided by the United States to the United Na24 tions.
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1 ‘‘(2) The requirement for periodic reports under

2 the first sentence of paragraph (1) shall not apply

3 to the provision of intelligence that is provided only

4 to, and for the use of, appropriately-cleared United

5 States Government personnel serving with the

6 United Nations.

7 ‘‘(c) DELEGATION OF DUTIES.—The President may

8 not delegate or assign the duties of the President under

9 this section.

10 ‘‘(d) RELATIONSHIP TO EXISTING LAW.—Nothing in

11 this section shall be construed to—

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

13 the Director of Central Intelligence to protect intel14 ligence sources and methods from unauthorized dis15 closure pursuant to section 103(c)(5) of the Na16 tional Security Act of 1947(50 U.S.C. 403–3(c)(5));

17 or

18 ‘‘(2) supersede or otherwise affect the provi19 sions of title V of the National Security Act of 1947

20 (50 U.S.C. 413 et seq.).’’.

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