[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 858 Introduced in Senate (IS)]







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.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED 
              NATIONS.

    (a) In General.--The United Nations Participation Act of 1945 (22 
U.S.C. 287 et seq.) is amended by adding at the end the following new 
section:

``SEC. 12. RESTRICTIONS ON INTELLIGENCE SHARING WITH THE UNITED 
              NATIONS.

    ``(a) Provision of Intelligence Information to the United 
Nations.--(1) No United States intelligence information may be provided 
to the United Nations or any organization affiliated with the United 
Nations, or to any officials or employees thereof, unless the President 
certifies to the appropriate committees of Congress that the Director 
of Central Intelligence (in this section referred to as the `DCI'), in 
consultation with the Secretary of State and the Secretary of Defense, 
has established and implemented requirements which have been formally 
agreed to and implemented by the United Nations for protecting 
intelligence sources and methods as a condition for the provision of 
United States intelligence information to the United Nations. Those 
requirements shall include, but not be limited to--
            ``(A) the adoption by the United Nations of formal security 
        violation investigation procedures and security clearance 
        background investigation procedures certified by the DCI as 
        comparable to United States procedures;
            ``(B) the agreement by the United Nations to protect United 
        States-provided intelligence information in a manner certified 
        by the DCI as comparable to protections maintained by the 
        United States Government of such information;
            ``(C) the agreement by the United Nations to immediately 
        notify the United States Government of any unauthorized 
        disclosure of United States-provided intelligence, and to 
        permit the full participation of United States law enforcement 
        personnel in the investigation of such disclosure;
            ``(D) prohibitions on access to United States-provided 
        intelligence information by nationals of countries not 
        otherwise eligible for the receipt of such information;
            ``(E) prohibitions on access to United States-provided 
        intelligence information by the government of any country 
        designated by the Secretary of State as a state supporter of 
        terrorism;
            ``(F) prohibitions on access to United States-provided 
        intelligence information by any government not eligible for the 
        direct provision of such information by the United States 
        through existing bilateral intelligence-sharing agreements; and
            ``(G) other measures which shall protect intelligence 
        sources and methods from unauthorized disclosure in accordance 
        with section 103(c)(5) of the National Security Act of 1947 (50 
        U.S.C. 403-3(c)(5)).
    ``(2) Paragraph (1) may be waived upon written certification by the 
President to the appropriate committees of Congress that providing such 
information to the United Nations or an organization affiliated with 
the United Nations, or to any officials or employees thereof, is in the 
vital national security interests of the United States and that all 
possible measures protecting such information have been taken, except 
that such waiver must be made for each instance such information is 
provided, or for each such document provided.
    ``(b) Periodic and Special Reports.--
            ``(1) The President shall periodically report, but not less 
        frequently than quarterly, to the Committee on Foreign 
        Relations and the Select Committee on Intelligence of the 
        Senate and the Committee on International Relations and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives on the types and volume of intelligence 
        provided to the United Nations and the purposes for which it 
        was provided during the period covered by the report. The 
        President shall also report to the Select Committee on 
        Intelligence of the Senate and the Permanent Select Committee 
        on Intelligence of the House of Representatives within 15 days 
        after it has become known to the United States Government 
        regarding any unauthorized disclosure of intelligence provided 
        by the United States to the United Nations.
            ``(2) The requirement for periodic reports under the first 
        sentence of paragraph (1) shall not apply to the provision of 
        intelligence that is provided only to, and for the use of, 
        appropriately-cleared United States Government personnel 
        serving with the United Nations.
    ``(c) Delegation of Duties.--The President may not delegate or 
assign the duties of the President under this section.
    ``(d) Relationship to Existing Law.--Nothing in this section shall 
be construed to--
            ``(1) impair or otherwise affect the authority of the 
        Director of Central Intelligence to protect intelligence 
        sources and methods from unauthorized disclosure pursuant to 
        section 103(c)(5) of the National Security Act of 1947(50 
        U.S.C. 403-3(c)(5)); or
            ``(2) supersede or otherwise affect the provisions of title 
        V of the National Security Act of 1947 (50 U.S.C. 413 et 
        seq.).''.
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