I 

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. 

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

3 SECTION 1. FINDINGS. 

4 Congress finds the following: 

5 (1) In its current form, the National Applica6 tions Office of the Department of Homeland Secu7 rity (NAO) would process requests for classified sat8 ellite information from nontraditional users of intel9 ligence for civil, homeland security, and law enforceVerDate Nov 24 2008 06:27 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2703.IH H2703

jbell on PROD1PC69 with BILLS
2 

•HR 2703 IH

1 ment purposes without a clear legal framework to 

2 govern its use or stringent standards and protocols 

3 to protect privacy and civil liberties. 

4 (2) Existing law already provides that capa5 bility through a ‘‘Civil Applications Committee’’ 

6 within the Department of Interior. 

7 (3) The United States law enforcement commu8 nity, who comprise a majority of the new users of 

9 the NAO, have not requested that new capability. 

10 (4) Section 525 of the Consolidated Appropria11 tions Act, 2008 (Public Law 110–161; 121 Stat. 

12 2074) prohibited funds from being made available to 

13 commence operations of the NAO until the Secretary 

14 of Homeland Security certified that the program 

15 complies with all existing laws, including all applica16 ble privacy and civil liberties standards, and that 

17 certification was reviewed by the Government Ac18 countability Office (GAO). 

19 (5) GAO found serious flaws in the NAO, spe20 cifically that the Department of Homeland Security 

21 (DHS) has failed to provide sufficient assurances 

22 that requests for classified information will be fully 

23 reviewed to ensure it can be legally provided. 

24 (6) On April 9, 2008, in a letter to Members 

25 of Congress, the Secretary of Homeland Security 


jbell on PROD1PC69 with BILLS
3 

•HR 2703 IH

1 certified that the NAO complies with all existing 

2 laws, including all applicable privacy and civil lib3 erties standards. The Secretary also provided a char4 ter for the office, privacy and civil liberties impact 

5 assessments, and NAO standard operating proce6 dures. GAO deemed the certification and standard 

7 operating procedures insufficient. 

8 (7) Despite numerous requests by Congress in 

9 writing, in open hearings, and in person for a legal 

10 framework and a full justification for the Depart11 ment’s certification of the NAO, DHS seeks to oper12 ate the office before establishing clear definitions for 

13 law enforcement and homeland security requests for 

14 satellite imagery. 

15 (8) Operation of the NAO in its current state 

16 poses serious constitutional questions and threatens 

17 to violate the privacy of Americans and their civil 

18 liberties. 

19 SEC. 2. PROHIBITION ON USE OF FUNDS FOR THE NA20 TIONAL APPLICATIONS OFFICE OF THE DE21 PARTMENT OF HOMELAND SECURITY. 

22 Notwithstanding any other provision of law, the Sec23 retary of Homeland Security shall not obligate or expend 

24 funds for— 


jbell on PROD1PC69 with BILLS
4 

•HR 2703 IH

1 (1) the National Applications Office of the De2 partment of Homeland Security; or 

3 (2) any office of the Department of Homeland 

4 Security tasked to process requests for classified sat5 ellite information for civil, homeland security, or law 

6 enforcement purposes. 

Æ 


jbell on PROD1PC69 with BILLS