HARMAN INTRODUCES BILLS TO SHUT DOWN DHS MILITARY SATELLITE OFFICE

Congressional Desk
Lawmaker decries absence of clear legal framework, cites Posse Comitatus concerns

Washington, DC – Rep. Jane Harman (D-CA), Chair of the Homeland Security Intelligence & Terrorism Risk Assessment Subcommittee, introduced two bills to shut down the National Applications Office (NAO). Housed in the DHS Office of Intelligence & Analysis, the NAO would manage the tasking of military intelligence satellites over the United States. In addition to legislation to close the NAO (HR 2704), Harman also introduced a bill (HR 2703) with Rep. Norm Dicks (D-WA), senior member of the Appropriations Committee, to cut off all funding for the office.

Harman issued the following statement of introduction:

Some of the most powerful military and intelligence satellites in the world are designed and produced in my Congressional District. They are remarkably formidable tools that daily assist our troops in Iraq, Afghanistan and elsewhere, and are indispensable in learning and thwarting the plans of those who would do us harm.

But imagine, for a moment, what it would be like if one of these satellites were directed on your neighborhood or home, a school or place of worship – and without an adequate legal framework or operating procedures in place for regulating their use. I daresay the reaction might be that Big Brother has finally arrived and the black helicopters can´t be far behind.

Yet this is precisely what the Department of Homeland Security has done in standing up the benign-sounding National Applications Office, or NAO.

Despite objections by the civil liberties community, a series of letters sent by Members of Congress, an established record of opposition by the House Homeland Security Committee and the prior fencing of funds, the DHS has requested funding in the classified annex to its FY2010 budget for the NAO.

The Appropriations Committee has repeatedly expressed skepticism about the need for the NAO, and fenced funding for the office last year. I understand that the Committee intends to send a strong message again this year. I introduce two bills today to stop the Department of Homeland Security from moving ahead with the misguided National Applications Office.


The first bill, introduced with Representative Norm Dicks, prohibits DHS from expending any funds on this office. The second bill de-authorizes the NAO, requiring the Secretary of Homeland Security to close the office immediately.

As proposed, the NAO, housed in the DHS Office of Intelligence & Analysis, would manage the tasking of military intelligence satellites over the United States – despite the absence a of clear legal framework, legitimate Posse Comitatus concerns, and even though the Interior Department already has existing circumscribed authority to deploy satellites over large-scale public events or natural disasters.

In its current form, the NAO would enable a group of undefined law enforcement and homeland security "users" greater access to imagery collection capabilities of the intelligence community – purportedly to supplement data already available during disasters or to aid in "investigations." It would serve as a clearinghouse for requests by law enforcement, border security, and other domestic homeland security agencies to access real-time, high-quality feeds from spy satellites. Except law enforcement officials haven´t asked for the additional capability and major law enforcement organizations do not believe it is necessary.

The new DHS leadership has assured me in my role as the Chair of the Homeland Security Subcommittee on Intelligence & Terrorism Risk Assessment that the issue is under review. Although Congress last year withheld most funding for the NAO, the Department has again budgeted for the office (the exact amount is classified) without prior consultation or notification of the relevant congressional committees.

Well … not if we can help it.

Today, we introduce legislation to shut down the NAO – period.
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