With a staff of some 10 officials, the CAC has provided the principal means of communication between civil users of intelligence capabilities and the providers in the Intelligence Community under the chairmanship of the Director of the U.S. Geological Survey, a component of the Interior Department, and there is a secretariat hosted by the Geological Survey. It nevertheless remains uncertain exactly how much "value added" satellites would offer for homeland security and law enforcement purposes. The Bush Administration maintained that the results of the ISG were briefed to all relevant agency and department heads, but it did not indicate that congressional committees were similarly briefed. Language to this effect was included in the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 ( P.L. 110-329 , Section 518), approved on September 30, 2008. The Consolidated Appropriations Act, 2008 ( P.L. 110-161 , Division E, Section 525), signed by the President on December 26, 2007, provides that "none of the funds provided in this Act shall be available to commence operations of the National Applications Office ... until the Secretary certifies that these programs comply with all existing laws, including all applicable privacy and civil liberties standards, and that certification is reviewed by the Government Accountability Office." Observers see a number of legal issues involved in the use of satellite-derived information for law enforcement purposes, although discussion and analysis are complicated by the classified nature of satellite capabilities and operations and the absence of public information about ways that satellite-derived information could be used by law enforcement agencies. Other commentators have also questioned whether the proposed surveillance would violate the Posse Comitatus Act, post-Civil War legislation that restricts the use of military forces for domestic law enforcement. The Supreme Court has not addressed whether satellite imagery constitutes a search within the meaning of the Fourth Amendment. Consequently, the following statutory authorities, as well as any statutes Congress may choose to enact with respect to domestic satellite surveillance, may have a bearing on how courts treat the fruits of such surveillance. In addition, the NGA has the statutorily prescribed mission of "support[ing] the geospatial intelligence requirements of the Department of State and other departments and agencies of the United States outside the Department of Defense." Conclusion

Although mechanisms for using imagery and other data acquired by satellites for some domestic needs have been in existence since the 1970s without controversy, the possibility of using satellites to support law enforcement and homeland security missions has raised serious concerns among Members of Congress and individuals and groups concerned about the possibility of using intelligence resources as a weapon against U.S. persons. Having conducted a review of the issue, the Obama Administration terminated the NAO, but has not provided detailed information about current procedures for the domestic use of satellites for domestic purposes.
Reconnaissance satellites, first deployed in the early 1960s to peer into denied regions of the Soviet Union and other secretive enemy states, have from time to time been used by civilian agencies of the federal government to assist with mapping, disaster relief, and environmental concerns. These uses have been coordinated by the Civil Applications Office at the U.S. Geological Survey, a component of the Interior Department. Post 9/11, the Bush Administration sought to encourage use of satellite-derived data for homeland security and law enforcement purposes, in addition to the civil applications that have been supported for years. In 2007, it moved to transfer responsibility for coordinating civilian use of satellites to the Department of Homeland Security. The initiative was launched, however, apparently without notification of key congressional oversight committees.
Members of Congress and outside groups raised concerns that using satellites for law enforcement purposes may infringe on the privacy and Fourth Amendment rights of U.S. persons. Other commentators questioned whether the proposed surveillance will violate the Posse Comitatus Act or other restrictions on military involvement in civilian law enforcement, or would otherwise exceed the statutory mandates of the agencies involved. Such concerns led Congress to preclude any funds in the Consolidated Appropriations Act, 2008 (H.R. 2764, P.L. 110-161), from being used to "commence operations of the National Applications Office ... until the Secretary [of the Department of Homeland Security] certifies that these programs comply with all existing laws, including all applicable privacy and civil liberties standards, and that certification is reviewed by the Government Accountability Office." (Section 525.) Similar language has been included in a subsequent Continuing Appropriations Act (P.L. 110-329) approved in September 2008.
The Obama Administration conducted its assessment of the issue and terminated the NAO in June 2009, maintaining that there were better information sharing programs to meet the needs of state and local homeland security partners. Little public information is available concerning current policies for the use of satellite information for domestic purposes.
This report provides background on the development of intelligence satellites and identifies the roles various agencies play in their management and use. Issues surrounding the current policy and proposed changes are discussed, including the findings of an Independent Study Group (ISG) with respect to the increased sharing of satellite intelligence data. There follows a discussion of legal considerations, including whether satellite reconnaissance might constitute a "search" within the meaning of the Fourth Amendment; an overview of statutory authorities, as well as restrictions that might apply; and a brief description of executive branch authorities and Department of Defense directives that might apply. The report concludes by discussing policy issues Congress may consider as it deliberates the potential advantages and pitfalls that may be encountered in expanding the role of satellite intelligence for homeland security purposes.