DHS chief defends satellite office, denies any spying role

Homeland Security Secretary Michael Chertoff Thursday said key Democrats on the House Homeland Security Committee recently mischaracterized his department's efforts to create an office that will coordinate the use of space satellites, adding that additional documents about the office have been sent to Congress.

In a letter to the lawmakers, Chertoff defended the department's work to establish the National Applications Office, which will help government agencies access satellites for both traditional uses, such as geological surveys, and nontraditional uses, such as border security.

Chertoff was responding to a letter he received Tuesday from House Homeland Security Committee Chairman Bennie Thompson, D-Miss., Homeland Security Intelligence Subcommittee Chairwoman Jane Harman, D-Calif., and Homeland Security Management Subcommittee Chairman Chris Carney, D-Pa.

Chertoff wrote that the lawmakers "left some with the impression that the department is seeking to use satellites to spy on Americans." He said flatly, "You and I know that is not the case."

Chertoff also said he aimed "to correct certain misunderstandings" that the lawmakers conveyed, saying they mischaracterized the work of the department's privacy office and its civil rights and civil liberties office in reviewing NAO plans, as well as reviews by the Homeland Security inspector general.

The department late Thursday sent the lawmakers documentation they had requested about the NAO. That includes a certification that the office complies with all laws; a privacy impact assessment; a civil liberties impact assessment; and standard operating procedures.

Thompson gave a mixed reaction to Chertoff's letter and the new documents. "We are pleased that our letter triggered such a rapid response. However, given our efforts to work with the secretary, the tone and substance of the letter is surprisingly defensive," Thompson said in a statement. "While the release of documents including the civil liberties impact assessment is a good start, we still don't know whether the NAO will pass constitutional muster since no legal framework has been provided."

A committee aide said Democrats are not ruling out drafting legislation to address their concerns.

The aide said one of their biggest concerns is that the department is waiting until after the NAO opens to define how state and local law enforcement agencies will utilize the satellites.

"We're talking about rolling out satellite imagery to over 850,000 state and local law enforcement officers," the aide said. "It looks like they're trying to be responsive but I think they're missing the larger point, which is this needs to be done holistically."

Chertoff defended the department's phased approach to launching NAO operations.

"We have made clear since last August that the NAO will not be used for traditional law enforcement purposes until all legal, privacy and civil rights and civil liberties issues have been considered and resolved, and Congress has been briefed on the way forward," Chertoff wrote.

Rather than standing still, Chertoff said, the department is developing the NAO's policies for civil applications and homeland security purposes.