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

[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.
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