I 

111TH CONGRESS 

1ST SESSION H. R. 2704 

To direct the Secretary of Homeland Security to close the National 

Applications Office of the Department of Homeland Security. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2009 

Ms. HARMAN introduced the following bill; which was referred to the 

Committee on Homeland Security 

A BILL 

To direct the Secretary of Homeland Security to close 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 enforce10 ment purposes without a clear legal framework to 


jbell on PROD1PC69 with BILLS
2 

•HR 2704 IH

1 govern its use or stringent standards and protocols 

2 to protect privacy and civil liberties. 

3 (2) Existing law already provides that capa4 bility through a ‘‘Civil Applications Committee’’ 

5 within the Department of Interior. 

6 (3) The United States law enforcement commu7 nity, who comprise a majority of the new users of 

8 the NAO, have not requested that new capability. 

9 (4) Section 525 of the Consolidated Appropria10 tions Act, 2008 (Public Law 110–161; 121 Stat. 

11 2074) prohibited funds from being made available to 

12 commence operations of the NAO until the Secretary 

13 of Homeland Security certified that the program 

14 complies with all existing laws, including all applica15 ble privacy and civil liberties standards, and that 

16 certification was reviewed by the Government Ac17 countability Office (GAO). 

18 (5) GAO found serious flaws in the NAO, spe19 cifically that the Department of Homeland Security 

20 (DHS) has failed to provide sufficient assurances 

21 that requests for classified information will be fully 

22 reviewed to ensure it can be legally provided. 

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

24 of Congress, the Secretary of Homeland Security 

25 certified that the NAO complies with all existing 


jbell on PROD1PC69 with BILLS
3 

•HR 2704 IH

1 laws, including all applicable privacy and civil lib2 erties standards. The Secretary also provided a char3 ter for the office, privacy and civil liberties impact 

4 assessments, and NAO standard operating proce5 dures. GAO deemed the certification and standard 

6 operating procedures insufficient. 

7 (7) Despite numerous requests by Congress in 

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

9 framework and a full justification for the Depart10 ment’s certification of the NAO, DHS seeks to oper11 ate the office before establishing clear definitions for 

12 law enforcement and homeland security requests for 

13 satellite imagery. 

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

15 poses serious constitutional questions and threatens 

16 to violate the privacy of Americans and their civil 

17 liberties. 

18 SEC. 2. CLOSURE OF THE NATIONAL APPLICATIONS OFFICE 

19 OF THE DEPARTMENT OF HOMELAND SECU20 RITY. 

21 Notwithstanding any other provision of law, the Sec22 retary of Homeland Security shall immediately close the 

23 National Applications Office of the Department of Home24 land Security. 

Æ 


jbell on PROD1PC69 with BILLS