Update - Washington, D.C., April 11, 2008 – The policy debate over using U.S. reconnaissance satellites to obtain imagery of targets in the United States dates back to the earliest days of spy satellites, according to an updated collection of declassified documents published today by the National Security Archive at George Washington University (www.nsarchive.org).
Obtained and edited by Archive senior fellow Dr. Jeffrey Richelson, the documents add significant historical context to current Congressional concerns (Document 46 and Document 50) about privacy and civil liberties guidelines for the new National Applications Office (Document 41 and Document 48).
Additional historical documents include the charter for the Civil Applications Committee, the statement of authority for National Reconnaissance Program activities over the United States, as well as documents that focus on the question of "proper use" of the satellites and the risk to senior officials should the space assets be used inappropriately.
Documents concerning current plans to establish a National Applications Office and associated Congressional concerns include the letter from the Secretary of Homeland Security to the Director of National Intelligence (reporting his interest in establishing a domestic applications office), expressions of Congressional concern, and the proposed charter (from February 2008).
U.S.
Reconnaissance Satellites: Domestic Targets
By Jeffrey T. Richelson
On August 15, 2007, the Wall Street Journal disclosed
that the United States was planning to expand its use of reconnaissance
satellites over the United States in support of civil agencies,
in response to recommendations by an independent study group.
(Note 1) The term "civil agencies"
refers to agencies outside of the Defense Department and Intelligence
Community - agencies which may have domestic or foreign missions,
or both.
As a result of the desire to employ reconnaissance satellites for law enforcement and border security purposes, in addition to their traditional use for mapping and disaster relief, the Department of Homeland Security, based on recommendations of an advisory group (Document 40) formulated plans to establish a Domestic Applications Office (subsequently retitled the National Applications Office) effective October 1, 2007. The organization and functions of the new office were detailed in a DHS fact sheet, also released on August 15, 2007. However, concerns over privacy and civil liberties issues, particularly from members of the House Committee on Homeland Security, delayed creation of an operational office. (Document 45a, Document 46).
On April 8, 2008 the Wall Street Journal reported that privacy and civil liberties concerning still constituted a roadblock. (Note 2) A charter (Document 48) submitted to Congress in February had not resolved the concerns of the chairmen and other key members of the House committee. In April a report by the DHS Inspector General’s office (Document 49) noted that while progress had made in addressing such concerns new civil liberties and privacy assessments were required before the NAO could become operational. Key members of the House committee complained in a letter (Document 50) to the Secretary of Homeland Security that his department resolving their concerns was the first priority, before taking actions (such as advertising for personnel) to turn the NAO from a concept into an active entity.
The use of classified satellite reconnaissance systems - particularly
imagery systems - to image targets in the United States has
a lineage almost as old as the satellite reconnaissance program
itself. One purpose was to allow the operators of U.S. spy satellites
to determine the satellite's actual capabilities, particularly
with regard to resolution, by photographing targets of known
dimensions. In addition, obtaining overhead views of particular
types of facilities - both military and industrial - helped
imagery interpreters to develop imagery interpretation keys.
Those keys provided interpreters with an understanding of what
a particular type of facility would look from directly overhead
Thus, a 1967 document (Document 2) addressed
to the head of the Committee on Overhead Reconnaissance contains
a list of domestic targets restricted to military and industrial
sites.
But some civil agencies were also early users of satellite reconnaissance
imagery - particularly that from versions of the KH-4 CORONA
system (which included the KH-4, KH-4A, and KH-4B) and the KH-5
ARGON mapping system. The U.S. Geological Survey even established
a special facility to exploit the satellite imagery it was provided
to help it perform its mapping mission. Another early recipient
was the Office of Emergency Preparedness, which requested imagery
of the hundred-plus relocation sites controlled by the office.
(Document 6) Such imagery was collected
during "engineering passes" of the satellite over
the U.S. - that is, during the first days after launch when
the system was being tested, before being declared operational
and ready for use against foreign targets.
In an attempt to establish a forum to facilitate the use of
satellite reconnaissance imagery for civil purposes, the ARGO
program was established in 1968 - whose participants included,
but were not limited to, the U.S. Geological Survey, the Office
of Emergency Preparedness, the Agency for International Development,
and the Department of Agriculture. Also participating were key
Intelligence Community agencies - the National Reconnaissance
Office, National Photographic Interpretation Center, the Defense
Intelligence Agency, and the Committee on Imagery Requirements
and Exploitation. (Document 5)
Despite the desire to expand the use of satellite imagery,
there were still impediments to its full exploitation - including
the need for highly trained interpretation skills, facilities
to protect the data, inertia within potential civil users, the
question as to who would pay for the cost of a civil applications
program, and concerns that civil agency demands might compromise
the primary foreign intelligence collection mission. (Document
10c)
In 1973, the question of whether a civil applications subcommittee
of COMIREX should be established was raised in a memo (Document
14b) from national security adviser Henry Kissinger. In
1975, the commission chaired by Vice-President Nelson Rockefeller,
chartered to investigate CIA activities within the United States,
recommended establishing just such a civil applications committee
to enhance the effort. The result was a memorandum of agreement
between Kissinger (in his role as national security adviser),
the director of the Office of Management and Budget, and the
Director of Central Intelligence created a Civil Applications
Committee, located within the Department of the Interior, and
chaired by the director of the U.S. Geological Survey. Eleven
departments and independent agencies would be represented on
the committee. (Document 38) Included were
the Environmental Protection Agency (Document
8) and the Federal Emergency Management Agency (or its predecessors)
- to detect violation of environmental regulations and in support
of disaster relief operations respectively.
Before assuming the vice-presidency in 1993, Al Gore had discussed
with then-Director of Central Intelligence Robert Gates the
possibility of establishing a program for the exploitation of
data already obtained by a variety of classified sensors - from
reconnaissance satellites to the Navy's Sound Surveillance System
(SOSUS) underwater hydrophones - to address environmental issues.
In 1994 an Environmental Task Force appointed by the DCI examined
whether classified data could be profitably used to address
environmental questions. (Document 33)
That examination produced the MEDEA program - under which specially
cleared scientists, many outside of the government, were given
access to classified data sets that could be used to examine
issues such as deforestation. (Note 3)
In addition to the MEDEA effort there were additional efforts
made to make data from missile launch detection and imagery
satellites available to aid in the detection of fires and volcanic
activity. (Document 35-36) Thus, the infrared sensors on Defense Support Program
satellites could detect and locate the dimensions of forest
fires, while imagery satellites could periodically photograph
volcanoes to produce imagery that could be used to look for
signs of activity.
Subsequent to 9/11, there were suggestions both by individual
Congressmen such as Norman Dicks (D-WA), and the Senate Select
Committee on Intelligence that current NRO systems could be
used in support of homeland security missions. (Note
4) Those sentiments were echoed in the 2005 report, the
Civil Applications Committee (CAC) Blue Ribbon Study (Document
40) , by an independent study group chaired by former NRO
chief Keith Hall.
The committee recommended replacing the CAC with a Domestic
Applications Office within DHS - a recommendation that was approved
in a May 2007 memo from the Director of National Intelligence,
with the office given a less revealing name - the National Applications
Office.
The August 2007 press revelations produced concern both from
civil liberties groups and members of Congress (Documents
44a-c) - who were concerned
with plans to move beyond uncontroversial domestic uses for
use in law-enforcement activities. Homeland security uses could
include monitoring the border, studying infrastructure and mapping
cities for special events to prepare security plans. Potential
law-enforcement uses include monitoring a house or compound
occupied by terrorists or other law enforcement targets (e.g.
the Branch Davidians), searching for drug production facilities,
examining crime scenes, and support to the FBI and local enforcement
in their effort to provide security for national special security
events (including political conventions and major sporting events).
(Note 5)
The past is not devoid of examples of use of satellite imagery
for homeland security and law enforcement purposes and the confrontation
of some of the issues involved. In 2006, the National Geospatial-Intelligence
Agency provided the FBI imagery of the area in Pittsburgh where
the Major League All-Star game was to be held on July 11, as
it had to the Olympics Intelligence Center at the 2002 Winter
Olympics in Salt Lake City. (Note 6) Reconnaissance
satellites have reportedly been used to produce images of the
Unabomber's cabin and the land surrounding it, to count boat
traffic at three specially protected sites along the Florida
Keys, to examine civil disturbances in Detroit in the 1960s
(Document 12), and to develop investigative
leads for the EPA. (Note 7) The latter caused
some concern at the CIA about the propriety of providing imagery
that would aid EPA investigations. (Document
16)
There are a number of concerns that are likely to be part of
the current debate - the Posse Comitatus prohibition of using
the military for law-enforcement (since the agency which operates
U.S. reconnaissance satellites is part of the Defense Department),
and a generalized fear of government spying exacerbated by portrayals
in popular culture (Enemy of the State, 24)
of satellites that can track individuals. (Document 45c and Document 45f)
Concern over legal authorities and the propriety of domestic satellite collection have been present virtually since the inception of hte program. (Document 28b) Today, there is particular concern with possible violations of Fourth Amendment limitations
on searches. While surveillance employing visible-light optical
systems would not seem to be an issue, the possibility of employing
other sensors - including radar and infrared imagery sensors,
as well as measurement and signature intelligence (MASINT) sensors
(including multispectral and hyperspectral sensors, and non-imaging
infrared sensors) - may run afoul of the Supreme Court's Kyllo
decision, which overturned a conviction that followed police
employment of a thermal imaging system to detect heat sources
within an individual's house that indicated ongoing production
of an illicit drug.
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Document
1: OEG, Memorandum for: WAT, Subject: Problems Relating
to the Feasibility of the Use of KH Photography by Civilian
Agencies, January 11, 1967. Top Secret
Source:
CIA Records Search Tool (CREST)
This memo is addressed to "WAT" - William A. Tidwell,
the head of the Committee on Overhead Reconnaissance (COMOR).
It discusses the potential problems in using "KH"
or Keyhole imagery from the classified satellites operated by
the NRO in support of civilian agency missions - which would
include civilian agencies with domestic missions (including
the U.S. Geological Survey) as well as those with foreign missions
(including the Agency for International Development).
Document 2: [Deleted],
Chairman, COMOR Photo Working Group, Memorandum for: COMOR Photo
Working Group, Subject: Revised List of Domestic Targets
for KH-4, April 28, 1967. Top Secret. w/attachment: Domestic
Targets for KH-4. Top Secret
Source:
CREST
The targets for the KH-4 listed in the attachment consist largely
of government military and atomic energy installations across
the country, as well as several industrial installations. The
timing of the memo and the explanation in the cover memo that
coverage would be obtained during "engineering" passes
suggest that the targets were to be photographed during the
initial orbits of the KH-4B version of the Corona reconnaissance
satellite - whose first launch occurred on September 15, 1967.
Document
3: Thomas A. Parrott, AD/DCI/NIPE, Memorandum for the Record,
Subject: ARGO Symposium, March 3, 1968. Secret
Source:
CREST
This memo from the assistant director of the DCI's National
Intelligence Program Evaluation office concerns the discussion
at a symposium held at the National Photographic Interpretation
Center, related to an effort designated "ARGO" - the
exploration of whether existing overhead photography could be
used to aid the missions of civilian agencies. Among the topics
discussed were the sharing of costs associated with modification
of the missions and exploitation of imagery desired by civilian
agencies.
Document
4: Richards Helms, Director of Central Intelligence to Donald
F. Hornig, March 20, 1968. Top Secret
Source: CREST
This letter from the Director of Central Intelligence to President
Richard Nixon's science adviser, notes his two greatest concerns
with the use of satellite imagery for civilian purposes - protection
of the source and assuring non-interference with national security
missions.
Document
5: Assistant to the Deputy Director, NPIC, Memorandum for
the Record. Subject: ARGO Committee Meeting, 16 June
1968, Executive Officer Building, Room 303, 1000 Hours, n.d.
Secret
Source:
Freedom of Information Act (FOIA) request
This memo reports on the first meeting of a reconstituted ARGO
committee. Among the potential uses of Keyhole imagery identified
by department and agency representatives were hydrology and
oceanography, mapping, emergency preparedness.
Document
6: W.C. Truppner, Director, National Resource Analysis Center
to Dr. D.H. Steininger, Chairman ARGO Steering Group, circa
July 1968. Top Secret
Source:
CREST
In this letter the director of the National Resource Analysis
Center notes the desirability of obtaining KH-4 "precontingency"
imagery of 115 major metropolitan areas and that 70 had already
been covered. The intent of the letter was to have the steering
group request that the Committee on Imagery Requirements and
Exploitation (COMIREX) - the successor to COMOR - consider allocating
time on subsequent KH-4 missions to coverage of the remaining
metropolitan areas.
Document
7: [Deleted], Chairman, COMIREX MC&G Working Group,
Memorandum for Chairman, COMIREX, Subject: Satellite Photography
of the U.S. for United States Geological Survey Mapping Activities,
June 15, 1971. Classification Unknown. w/enclosure: Memorandum
for USIB, Subject: Satellite Photography of the U.S. for United
States Geological Survey Mapping Activities, n.d. Classification
Unknown
Source:
CREST
The memorandum for the COMIREX chairman, signed by the chairman
of COMIREX's Mapping, Charting, and Geodesy Working Group, informs
the chairman that the attached draft concerning satellite photography
of the United States in support of the U.S. Geological Survey
has been reviewed by the working group - which recommends approval
by COMIREX and the U.S. Intelligence Board.
The attached memorandum notes past decision to approve the
use of the KH-4 and KH-5 imagery to produce imagery of areas
of the continental U.S. (but not Hawaii) in support of USGS
mapping requirements. Redactions in the first paragraph apparently
refer to approval of the release of KH-9 imagery for mapping
when it became available (the first KH-9 launch took place on
the day the memo was written - June 15, 1971). The purpose of
the memo was to recommend that the USGS be given authority to
use similar data for Hawaii, and that the NRO be tasked to produce
the necessary imagery.
Document
8: Stanley M. Greenfield, Environmental Protection Agency,
to [Roland Inlow] Chairman, COMIREX, January 12, 1973. Classification
Not Known. w/enclosure: List of Environmental Protection Agency
Personnel Requiring Clearances, n.d. Classification Unknown
Source:
CREST
At the time this letter was written, Roland Inlow, was the
chairman of COMIREX. It explains that the attached consists
of EPA personnel requiring special clearances for access to
information about "high technology reconnaissance systems"
- that is, classified systems operated by the NRO. It also explains
that EPA did not it feel it would be wise to develop an "environmental
collection and exploitation" program without planning to
use the capabilities "developed by other government agencies."
Document
9:
[Roland Inlow], Chairman, COMIREX to Dr. Stanley M. Greenfield,
Environmental Protection Agency, March 2, 1973. Confidential
Source:
CREST
Roland Inlow's response to EPA official Stanley Greenfield's
letter informs Greenfield that the Director of Central Intelligence
had approved special clearances for the individuals listed in
the attachment to his letter - subject to background investigations.
Inlow also noted that his security advisor would be available
"to assure that your Control Officer has a full understanding
of the security regulations."
Document 10a: [Deleted],
Memorandum for: Director of Central Intelligence, Subject:
Use of [Deleted] Photography by the Civilian Sector and non-USIB
Agencies, March 9, 1973. Secret
Document
10b: Donald H. Steininger, Memorandum for: Director of Central
Intelligence, Subject: Use of the Reconnaissance Satellite
Photography by the Civilian Sector and non-USIB Agencies,
March 9, 1973. Secret
Document
10c: Donald H. Steininger, Memorandum for: Director of Central
Intelligence, Subject: Use of the Reconnaissance Satellite
Photography by the Civilian Sector and non-USIB Agencies,
March 9, 1973. Secret
Source: CREST
At the time this memo was written, Donald H. Steininger was
the Associate Deputy Director for Science and Technology of
the CIA. In his memo to the DCI, Steininger, who had been involved
in the ARGO effort, observed that while it was clear from the
beginning that there was a great potential for using satellite
photography for a variety of civilian purposes, "the government
has been spectacularly unsuccessful in promoting substantial
use of this intelligence material within the civilian agencies."
Steininger's purpose was "to propose a course of action"
that the intelligence community could take to "turn the
situation around."
Document 10c was the first declassified version released (in
2001), with specific references to satellite reconnaissance
redacted. Document 10b (released in April 2004) is identical
to Document 10a (released in August 2004) with the exception
of the paragraph at the bottom of page 2 that was deleted from
the April 2004 version (but not the 2001 version).
Document
11: [Deleted], Note for: A/DD/S&T, Subject: Examples
of Present and Past Civil Applications of Reconnaissance Imagery,
March 16, 1973. Confidential
Source:
CREST
This memo to the Associate Deputy Director of Science &
Technology, Donald Steininger, was apparently authored by COMIREX
chairman Ronald Inlow. It describes the subjects covered in
three attached tabs. The tabs were not released with the memo.
Document
12: NPIC, Questionable NPIC Projects, May 8, 1973
Source: FOIA
This memo was prepared by the National Photographic Interpretation
Center in response to DCI James Schlesinger's directive for
CIA components to provide information on any activities that
they might have undertaken outside the CIA's charter. Item 4
notes a number of instances where NPIC examined "domestic
coverage" - which included satellite imagery of natural
and man-made disasters, one civil disturbance, and of facilities
or areas related to emergency preparedness.
Document
13:
Note for: Chairman, COMIREX, Subject: Mississippi Flood
Imagery, May 15, 1973. Classification Unknown
Source:
CREST
This memo indicates that one or more U-2 aircraft were used
to obtain imagery of areas of Mississippi inundated in a flood.
The deletions in the released document may refer to actual or
potential use of reconnaissance satellite systems. According
to Document 12 some of imagery of the Mississippi floods was
obtained by satellites.
Document
14a: Chairman, Committee on Imagery Requirements and Exploitation,
Memorandum for: Director of Central Intelligence, Subject:
Comments on Draft Memorandum from Henry Kissinger on Civil Use
of Classified Reconnaissance Systems, Technologies and Products,
July 31, 1973. Secret w/enclosure:
Document
14b: Henry A. Kissinger, Memorandum for: The Secretary of
the Interior et. al., Subject: Civil Use of Classified Reconnaissance
Systems, Technologies, and Products, n.d. Secret
Source: CREST
Document 14a reports that a member of the NSC staff had forwarded
to COMIREX a draft of a memo, to be signed by Henry Kissinger,
Assistant to the President for National Security Affairs, intended
"to update and regularize civil agency handling and uses
of classified satellite photography acquired over the U.S."
The draft memo, Document 14b, calls for the DCI to establish
a civil applications subcommittee of COMIREX to handle civil
agency requests for classified satellite imagery.
Document
15a: Paul V. Walsh, Acting Deputy Director for Intelligence,
Memorandum for: Director of Central Intelligence, Subject:
Federal Mapping Task Force Report, August 20, 1973. Classification
Unknown
Document
15b: Letter, [Deleted], Associate Director, Office of Management
and Budget, to William E. Colby, Director of Central Intelligence,
September 18, 1973.
Document
15c: 1973 Federal Mapping Task Force Report, Top
Secret, n.d.
Document
15d: [Deleted] Executive Secretary, United States Intelligence
Board, Memorandum for the United States Intelligence Board,
Subject: Federal Mapping Task Force, September 18,
1973. Top Secret w/enclosure: W.E. Colby, Director of Central
Intelligence, Memorandum for: Associate Director, Office of
Management and Budget, Subject: Federal Mapping Task Force
Report, September 18, 1973. Top Secret
Source:
CREST
These five documents revolve around the DCI reaction to the
1973 Federal Mapping Task Force- particularly with regard to
the task force's recommendation for greater use of TALENT KEYHOLE
imagery, which at the time included imagery from the KH-9 area
surveillance satellite system, for mapping purposes. The task
force recommendations included expanded utilization of such
imagery for the production of unclassified maps of the U.S.
Document
16:
Note for RSI, Subject: NPIC-EPA Relati onship - Additional Information,
November 7, 1973. Classification Unknown
Source:
CREST
This memo was addressed to RSI - Roland S. Inlow, the chairman
of the Committee on Imagery Requirements and Exploitation (COMIREX).
It reports that during a meeting with EPA personnel concern
was expressed over EPA's use of classified satellite imagery
to develop investigative leads. The memo goes on to discuss
the circumstances under which the imagery was obtained and the
propriety of CIA involvement in helping EPA to develop such
leads.
Document 17: Lt. Col. Harold S. Coyle Jr,, Deputy Director for Plans and Policy, National Reconnaissance Office, Memorandum for the Record, Subject: Agriculture Department Study of Collection Resources, August 14, 1974, Top Secret
Source: Declassified NRO Staff Records
This memo from an NRO official discusses the interest of representatives of the Department of Agriculture in greater employment of NRO imagery satellites to provide information to their department. While it does not specifically refer to imaging of domestic sites in support of Agriculture, which also analyzes foreign agricultural developments, it also mentions the desire of the Department of the Interior to make greater use of NRO imaging assets.
Document 18: Henry A. Kissinger, William E. Colby, and James T. Lynn, Subject: Establishment of the Committee for Civil Applications of Classified Overhead Photography of the United States, October 3, 1975. Secret
Source: CREST
This is the memo, signed by the Assistant to the President for National Security Affairs, the Director of Central Intelligence, and the director of the Office of Management and Budget, directed the Secretary of Interior to establish a Committee for Civil Applications of Classified Overhead Photography of the United States, specifies the committee's functions and its membership, and the role of the DCI.
Document 19: [Deleted], Memorandum for Mr. Plummer, Subject: Committee for Civil Applications, October 9, 1975. Top Secret
Source: Declassified NRO Staff Records
This memo from a member of the NRO Staff to NRO director James Plummer, predicts that one of the consequences of the establishment of the Civil Applications Committee will be pressure for a greater use of NRO imagery satellites in support of civil agencies and suggests that it may be necessary to increase the number of satellite launches to satisfy the demand.
Document 20: J.W. Plummer, Memorandum for Dr. Hall, ASD (I), Subject: Committee for Civil Applications of Classified Photography of the United States, October 14, 1975. Top Secret
Source: Declassified NRO Staff Records
In this memo, NRO director James Plummer provides Assistant Secretary of Defense (Intelligence) Albert Hall with requested recommendations on how to respond to the memorandum establishing the Civil Applications Committee (Document 18). The issues Plummer suggests Hall raise include the film-limited nature of current imagery satellites, security requirements within the government, and the CAC being a possible vehicle for declassification of the "fact of" satellite photography.
Document 21: Note for: Mr. Knoche, Gen. Wilson, October 14, 1975. Unclassified
Source: CREST
This memo, to senior Intelligence Community officials E. Henry Knoche and General Samuel Wilson, notes that the originally the memo signed on October 3, 1975 establishing the CAC (Document 18) was originally unclassified and the "Secret" classification was added after it was signed by the DCI William Colby.
Document 22: [Deleted], Note for: General Wilson, Subject: DCI Response to Secretary Clements, re D/NRO as an ex officio Member of Committee for Civil Applications of Classified Overhead Photography of the US, November 26, 1975, Secret
Source: CREST
This memo to General Samuel Wilson reports that the Under Secretary of the Air Force – that is, the Director of the NRO, would sit on the CAC as an observer – a status preferred to that of full member for security considerations.
Document 23: "Authority for the National Reconnaissance Program Domestic Satellite Reconnaissance Activities," 1976. Top Secret
Source: Declassified NRO Staff Records
This memo, although undated, was clearly prepared in 1976 (as indicated by the last two digits of the control number) covers seven topics – background of the NRO, organization of the NRO, domestic requirements, implications of Executive Order 11905, the authority for the NRO to conduct domestic photographic and electronic collection activities, and implementation.
Document 24: Charles W. Cook, Memorandum for Director, Program A, Director, Program B, Chairman, COMIREX, Subject: Domestic Imagery, undated (but from 1976), Top Secret w/att: "NRO Policy with Respect to Domestic Imagery"
Source: Declassified NRO Staff Records
This memo and its attachment, undated but from 1976, was written by the NRO's deputy director and addressed to the heads of the Air Force and CIA components of the NRO as well as the chairman of COMIREX, were intended to formalize NRO policy with respect to domestic imagery – specifically the requirements for, as well as the acquisition and exploitation of domestic imagery with NRO systems.
Document 25: J.W. Plummer, Director, NRO to Gen. Kulpa, Mr. Dirks, Capt. Darcy, Subject: Implementation of E.O. 11905, May 1976. Top Secret
Source: Declassified NRO Staff Records
This memo, from the NRO director to the head of the Air Force, CIA, and Navy elements of the NRO, notes that President Ford's recent executive order on foreign intelligence contains restrictions on surveillance activities – both electronic and visual within the United States or against U.S. persons overseas. It goes on to state the policies and procedures governing National Reconnaissance Program activities over the United States.
Document 26a: Report of Meeting of Civil Applications Committee (of August 30, 1976), n.d. Top Secret
Document 26b: Deputy Director of [Deleted], NRO Staff, Memorandum for: [Deleted], Subject: Civil Applications Committee Meeting, 30 August 1976. Top Secret
Source: Declassified NRO Staff Records
The first document provides a list of those attending the August 30, 1976 CAC meeting and their institutional affiliations – indicating representatives from five civil organizations. The second document informs its recipients of a briefing scheduled for potential civil agency users of NRO systems, and that a dry run will be held at the next meeting of the CAC. It also reports a CIA official's view on the question of "proper use."
Document 27a: Agenda, Seventh Meeting, Civil Applications Committee, 0930 Hours, October 6, 1976. Unclassified
Document 27b: Untitled minutes of meeting of Civil Applications Committee, 0930 Hours, October 6, 1976. Top Secret
Source: Declassified NRO Staff Records
These two documents provide a summary of the agenda of the October 6, 1976 meeting of the CAC and the decisions taken at that meeting.
Document 28a: Col. Frederick Hoffman, Memorandum for General Shields Subject: Propriety of Civil Applications Committee (CAC) Activities, February 10, 1978. Top Secret
Document 28b: Brig. Gen. William L. Shields, Jr., Memorandum for Colonel Hoffman, January 26, 1978. Top Secret w/att: Brig. Gen. William L. Shields, Jr., Memorandum for the Record, January 26, 1978. Top Secret
Source: Declassified NRO Staff Records
The first memo indicates that Brig. Gen. Shields, the director of the NRO Staff had requested the staff to review the issue of the propriety of the CAC. The second memo is Shields' request for the study, while the attachment to that memo spells out the specific areas of the general's concerns – including that several senior intelligence officials would be "in a vulnerable position" if the satellites were to be used inappropriately based on the tasking of civil agencies.
Document 29: Brig. Gen. William L. Shields, Memorandum for Chairman, COMIREX, Subject: Civil Applications of NRO Imaging Satellites, February 15, 1978. Top Secret
Source: Declassified NRO Staff Records
This is the memorandum referred to in Col. Hoffman's memo of February 10, 1978 (Document 27b), which is signed by Shields and addressed to COMIREX chairman Roland Inlow. It raises the issue of obtaining further legal approval of the use of NRO systems for domestic purposes.
Document 30: Chief, Requirements
and Evaluation Staff, Memorandum for: See Distribution, Subject:
NRP - - Civilian Applications, May 11, 1978. Secret. w/att:
Stansfield Turner, Director of Central Intelligence, Memorandum
for: Deputy Director for Resource Management, Deputy Director
for National Foreign Assessment, Subject: Possible Areas to
Expand Collection, May 8, 1978. Secret
Source:
CREST
The cover memo requests comments from several CIA offices on
a memo from DCI Stansfield Turner on possible areas to expand
imagery and signals intelligence satellite collection. While
it is clear that the collection would be undertaken in support
of agencies outside of the national security community, It is
not clear whether any of the uses envisioned in the printed
memo would involve domestic coverage.
Document
31: Providing KH-4 Material to EPA, NPIC Daily
Diary, June 20, 1978. Classification Unknown
Source: FOIA
This item in the NPIC Daily Diary indicates that the Federal
Preparedness Agency had been had been receiving KH-4 images
during 1968-1971, and the Environmental Protection Agency would
find the same imagery useful for some of their studies.
Document
32a:
Environmental Protection Agency Request for Support,
NPIC Daily Diary, October 23, 1978. Classification Not Available.
Document
32b: Support to EPA, NPIC Daily Diary, October
25, 1978. Classification Unknown
Document
32c: Support to EPA, NPIC Daily Diary, November
1, 1978. Classification Unknown
Source:
FOIA
The first item from the NPIC Daily Diary seems to indicate
that the EPA requested coverage of satellite photography from
either the KH-8 or KH-9 systems (both of which were operating
in 1978, and neither of which had been declassified at the time
that Document 19 was released in redacted form). Item 4 in the
NPIC Daily Diary for October 25 indicates that NPIC followed
up EPA's request for satellite imagery by requesting approval
from the Deputy Director of Science & Technology to provide
the requested material. Document 19c indicates that the request
was approved.
Document
33:
DCI Environmental Task Force, A Description of Procedures
and Findings Related to the Report of the U.S. Environmental
Task Force, January 21, 1994. Unclassified
Source:
Central Intelligence Agency
Prior to his becoming Vice-President, Senator Al Gore raised
the idea of making data already obtained by U.S. reconnaissance
satellites and other intelligence sensors available to environmental
scientists, both within and outside the government, to address
environmental issues. This report summarizes the findings of
the Environmental Task Force as to what classified data might
be used to address a such issues.
Document
34: Director of Central Intelligence, Government Applications
Task Force (GATF), Pilot Project Study, October 1996
Source: FOIA
These briefing slides describe an effort that was complementary
to MEDEA - the examination of the potential for increased use
of classified imagery systems for civil agencies. It describes
a number of pilot projects that were part of the study - projects
relating to information requirements of the Interior, Agriculture,
and Energy departments, as well as the Coast Guard, EPA, and
FEMA.
Document
35: Gil I. Klinger, Acting Deputy Secretary of Defense (Space)
and James F. Devine, Senior Adviser for Science Applications,
U.S. Geological Survey, Memorandum of Agreement between
the Deputy Under Secretary of Defense, Space and the U.S. Geological
Survey, U.S. Department of the Interior for Cooperation in Wildland
Fire Detection, Volcanic Activity Monitoring, and Volcanic Ash
Cloud Tracking, April 30, 1997. Unclassified
Source:
FOIA
This memorandum of agreement concerns use of Department of
Defense space systems (including reconnaissance and surveillance
satellites) to wildland fire detection, volcanic activity monitoring
and volcanic ash cloud tracking. Defense Support Program (DSP)
infrared launch detection satellites have been used to monitor
fires while imagery satellites can be used to monitor volcanic
activity.
Document
36:
Department of Defense, [Deleted] Satellite Support to National
Fire Detection, Global Volcano Monitoring, n.d. Classification
Unknown
Source:
FOIA
The deleted word in the title is apparently "Reconnaissance."
The document provides specifics on how the DoD would provide
support to fire detection and volcano monitoring, as it agreed
to do in the April 30, 1997 memorandum of agreement with the
Interior Department (Document 19).
Document
37: NRO, NRO Key to Acquisition Hazard Support System,
June 29, 1998. Unclassified
Source: www.nro.gov
This NRO press release describes NRO involvement in the system
used to warn of wildfire outbreaks and volcanic eruptions -
also the subject of Document 19 and Document 20. It notes that
the system will rely on ballistic missile warning satellites
(DSP), civil satellites, and "other sensors" - presumably
those operated by the NRO.
Document
38: U.S. Geological Survey, Civil Applications Committee,
July 2001. Unclassified
Source: U.S. Geological Survey
The suggestion of Henry Kissinger (Document
14a, Document 14b) in 1973 that a civil applications subcommittee
of COMIREX should be established as a clearing house for civil
agency requests for satellite imagery produced by classified
systems resulted in the establishment, in 1975, of the Civil
Applications Committee. This brochure describes the history
of the committee, oversight, management of the sources of requested
classified imagery, and membership.
Document
39:
U.S. Geological Survey, National Civil Applications Program,
November 2002. Unclassified
Source: U.S. Geological Survey
This brochure concerns the use of classified imagery by one
particular agency - the U.S. Geological Survey. It addresses
the background of the NCAP, customers, key components of the
NCAP (such the Global Fiducials Library, an archive of classified
remote sensing data for more than 500 'environmental sensitive'
sites), as well as services and support.
Document
40: Independent Study Group, Civil Applications Committee
(CAC) Blue Ribbon Study, September 2005, Unclassified
Source:
www.fas.org
The Independent Study Group, chaired by former NRO director
Keith Hall, was established jointly by the Deputy Director of
National Intelligence/Collection and the Director, U.S. Geological
Survey to review the operation and future role of the Civil
Applications Committee.
The body of the report consists of eleven findings - concerning
the role of the CAC process as a model for the future, the impediments
to more extensive use of reconnaissance satellite data, and
the need for a "balanced discussion of domestic use of
[Intelligence Community] capabilities." Its recommendations
included the creation of a Domestic Applications Office within
the Department of Homeland Security to manage a Domestic Applications
of National Capabilities Program.
Document 41: Michael Chertoff, Memorandum for: Ambassador John D. Negroponte, Director of National Intelligence, Subject: CAC Blue Ribbon Study Group Recommendations – DHS Executive Agency of the Domestic Applications Group, March 14, 2006. Unclassified.
Source: FOIA
In this memo, Secretary of Homeland Security Michael Chertoff informs the Director of National Intelligence that he has received the report of the Civil Applications Committee Blue Ribbon Study Group (Document 39) and that he agrees with its recommendation to establish a Domestic Applications Office within DHS and proposes some joint measures to begin implementation of the recommendations.
Document
42: Dr. Maureen McCarthy, Department of Homeland Security,
Homeland Security MASINT: A Rich Stew of Signatures and
Challenges, Facing the WMD Challenge, December 13, 2006.
Classification Unknown
Source:
FOIA
This presentation does not explicitly refer to the use of satellites
to provide homeland security data. However, its relevance lies
in its discussion of the use of measurement and signature intelligence
(MASINT) related to homeland security - since some reconnaissance
satellite systems produce MASINT and there may be legal issues
- as indicated by the Kyllo case - as to which MASINT sensors
can be employed for law enforcement purposes without a warrant.
Document
43: Department of Homeland Security, Fact Sheet: National
Applications Office, August 15, 2007. Unclassified
Source:
www.dhs.gov
The recommendation of the Independent Study Group (Document
24) to establish a Domestic Applications Office within the Department
of Homeland Security ultimately resulted in a decision to establish
a National Applications Office within the DHS, with initial
operations to begin the fall of 2007. This fact sheet released
by DHS provides an account of expectations for the office, background,
organization, and the protection of civil liberties and privacy.
Document
44a: Letter, Edward J. Markey, Chairman, House Subcommittee
on Telecommunications and the Internet, to Michael Chertoff,
Secretary, Department of Homeland Security, August 16, 2007.
Unclassified
Document
44b: Letter, Rep. Bennie G. Thompson, Chairman, House Committee
on Homeland Security, to Michael Chertoff, Secretary, Department
of Homeland Security, August 16, 2007. Unclassified
Document
44c: Letter, Rep. Bennie G. Thompson, Chairman, House Committee
on Homeland Security, Rep. Jane Harman, and Rep. Christopher
P. Carney, to Michael Cherthoff, Department of Homeland Security
and Charles Allen, Office of Intelligence and Analysis, Department
of Homeland Security, September 6, 2007. Unclassified
Sources:
www.fas.org; http://hsc.house.gov
Press disclosure of plans to establish the National Applications
Office produced a flurry of Congressional inquiries, and eventually
hearings, concerning the activities of the CAC, expectations
for the National Applications Office, and how civil liberties
would be protected. These letters ask for a variety of information
with respect to those issues. The final letter requests a moratorium
on the program "until the many Constitutional, legal, and
organization questions it raises are answered."
Document 45a: Statement of Chairman Bennie G. Thompson, "Turning Spy Satellites on the Homeland: the Privacy and Civil Liberties Implications of the National Applications Office," September 6, 2007. Unclassified
Document 45b: Written Testimony of Daniel W. Sutherland, Officer for Civil Rights and Civil Liberties, September 6, 2007. Unclassified
Document 45c: Charles E. Allen, Department of Homeland Security, Statement for the Record before the House of Representatives Committee on Homeland Security, September 6, 2007. Unclassified
Document 45d: Written Statement of Hugo Tuefel, Department of Homeland Security,
before the United States House of Representatives Committee on Homeland Security, September 6, 2007. Unclassified
Document 45e: Lisa Graves, Center for National Security Studies, "Big Brother in the Sky," September 1, 2007. Unclassified
Document 45f: Barry Steinhardt, American Civil Liberties Union, "The Privacy and Civil Liberties Implications of Domestic Spy Satellites," September 6, 2007. Unclassified
Source: House Committee on Homeland Security
These statements were presented at the September 6, 2007 hearing of the House Committee on Homeland Security on "Turning Spy Satellites on the Homeland: the Privacy and Civil Liberties Implications of the National Applications Office." They present the views of the committee chairman, three representatives of the Department of the Homeland Security and two representatives of civil liberties group.
Document 46: Letter from Rep. Bennie G. Thompson (and others) to Rep. David E. Price and Rep. Harold Rogers, September 26, 2007. Unclassified
Source: House Committee on Homeland Security
This letter, from seventeen members of Congress, including the chairman of the House Committee on Homeland Security and the chairman of a House Permanent Select Committee on Intelligence subcommittee, expresses their concern at the Department of Homeland Security's "lack of progress in creating the appropriate legal and operational safeguards necessary for ensuring that military spy satellites do not become the "Big Brother in the Sky." It also specifies the information that Homeland Security has been asked to provide for reassurance.
Document 47: Richard A. Best Jr. and Jennifer K. Elsea, Congressional Research Service, Satellite Surveillance: Domestic Issues, March 21, 2008
Source: Federation of American Scientists
This study by two Congressional Research Service specialists examines the background, current policies, and a variety of legal considerations (constitutional rights, statutory authorities and restrictions, and executive branch authorities) associated with the use of reconnaissance satellites to collect data about targets within the United States.
Document 48: Department of Homeland Security, CHARTER: National Applications Office, February 2008. Classification Not Known
Source: Federation of American Scientists
This version of the charter for the NAO, completed in February 2008 discusses the history of the domestic uses of national technical means and the Civil Applications Committee; the CAC Blue Ribbon Study; the structure, responsibilities, and oversight of the NAO; Intelligence Community capabilities; how the NAO will function; the responsibilities of the parties to the charter (which include the Departments of Homeland Security, Interior, Justice, Defense and the Office of the Director of National Intelligence), and implementation. The charter specifies that "The NAO will have no authority to accept requests to use IC capabilities to intercept or acquire communications."
Document 49: Department of Homeland Security, Letter Report, National Applications Office Privacy Stewardship, April 2008. Unclassified
Source: Department of Homeland Security
Document 50: Letter, Rep. Bennie G. Thomson, Rep. Jane Harman, and Christopher P. Carney to Honorable Michael Chertoff, April 7, 2008. Unclassified
Source: Federation of American Scientists
This letter from the chairman of the House Committee Homeland Security and the chair and chairman of two of its subcommittees to the Secretary of Homeland Security complains that the Department of Homeland Security had failed to craft privacy or civil liberties guidelines for the National Applications Office's law enforcement customers. In addition, according to the letter "this critical undertaking will be postponed until a unspecified time in the future" which "is unacceptable." The letter goes on to discuss some of the issues involved in the use of reconnaissance satellites for domestic law enforcement purposes and stresses the need to establish sufficient privacy and civil liberties protections before commencing NAO operations.
Notes
1. Robert Block, "U.S. to Expand Domestic
Use of Spy Satellites," Wall Street Journal, August
15, 2007, pp. A1, A9.
2. Siobhan Gorman, “Privacy Fears Threaten Satellite Program,” Wall Street Journal, April 8, 2008, p. A3.
3. Jeffrey T. Richelson, "Scientists in
Black," Scientific American, February 1998.
4. U.S. Congress, Senate Select Committee on
Intelligence, Report 107-149, To Authorize Appropriations
for Intelligence and Intelligence-Related Activities of the
United States Government, The Community Management Account,
and the Central Intelligence Agency Retirement and Disability
System, and for Other Purposes, May 13, 2002, p. 21.
5 . Block, "U.S. to Expand Domestic Use
of Spy Satellites."
6. William Mullen, "NGA Expands Customer
Base for Special-Security Events," Pathfinder,
July/August 2006, pp. 18-19.
7. Nancy Gibbs, "Tracking Down the Unabomber,"
Time, April 15, 1996, pp. 38-41; Allan Sloan, "Big
Brother Strikes Again," Forbes, May 12, 1980,
pp. 50-51.