[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2703 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2703

   To prohibit the Secretary of Homeland Security from obligating or 
expending funds for the National Applications Office of the Department 
                         of Homeland Security.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2009

 Ms. Harman (for herself and Mr. Dicks) introduced the following bill; 
        which was referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
   To prohibit the Secretary of Homeland Security from obligating or 
expending funds for the National Applications Office of the Department 
                         of Homeland Security.

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

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) In its current form, the National Applications Office 
        of the Department of Homeland Security (NAO) would process 
        requests for classified satellite information from 
        nontraditional users of intelligence for civil, homeland 
        security, and law enforcement purposes without a clear legal 
        framework to govern its use or stringent standards and 
        protocols to protect privacy and civil liberties.
            (2) Existing law already provides that capability through a 
        ``Civil Applications Committee'' within the Department of 
        Interior.
            (3) The United States law enforcement community, who 
        comprise a majority of the new users of the NAO, have not 
        requested that new capability.
            (4) Section 525 of the Consolidated Appropriations Act, 
        2008 (Public Law 110-161; 121 Stat. 2074) prohibited funds from 
        being made available to commence operations of the NAO until 
        the Secretary of Homeland Security certified that the program 
        complies with all existing laws, including all applicable 
        privacy and civil liberties standards, and that certification 
        was reviewed by the Government Accountability Office (GAO).
            (5) GAO found serious flaws in the NAO, specifically that 
        the Department of Homeland Security (DHS) has failed to provide 
        sufficient assurances that requests for classified information 
        will be fully reviewed to ensure it can be legally provided.
            (6) On April 9, 2008, in a letter to Members of Congress, 
        the Secretary of Homeland Security certified that the NAO 
        complies with all existing laws, including all applicable 
        privacy and civil liberties standards. The Secretary also 
        provided a charter for the office, privacy and civil liberties 
        impact assessments, and NAO standard operating procedures. GAO 
        deemed the certification and standard operating procedures 
        insufficient.
            (7) Despite numerous requests by Congress in writing, in 
        open hearings, and in person for a legal framework and a full 
        justification for the Department's certification of the NAO, 
        DHS seeks to operate the office before establishing clear 
        definitions for law enforcement and homeland security requests 
        for satellite imagery.
            (8) Operation of the NAO in its current state poses serious 
        constitutional questions and threatens to violate the privacy 
        of Americans and their civil liberties.

SEC. 2. PROHIBITION ON USE OF FUNDS FOR THE NATIONAL APPLICATIONS 
              OFFICE OF THE DEPARTMENT OF HOMELAND SECURITY.

    Notwithstanding any other provision of law, the Secretary of 
Homeland Security shall not obligate or expend funds for--
            (1) the National Applications Office of the Department of 
        Homeland Security; or
            (2) any office of the Department of Homeland Security 
        tasked to process requests for classified satellite information 
        for civil, homeland security, or law enforcement purposes.
                                 <all>