Sec. 1612. LEVERAGING COMMERCIAL SATELLITE REMOTE SENSING
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## SEC. 1612 LEVERAGING COMMERCIAL SATELLITE REMOTE SENSING **[**[10 U.S.C. 441 note](/us/usc/t10/s441)**]** ###
(a)In General In acquiring geospatial intelligence, the Secretary of Defense and the Director of National Intelligence, in coordination with the Director of the National Reconnaissance Office and the Director of the National Geospatial-Intelligence Agency, shall leverage, to the extent practicable, the capabilities of the industry of the United States, including through the use of domestic commercial geospatial-intelligence services and acquisition of domestic commercial satellite imagery. ###
(b)Obtaining Future Geospatial-intelligence Data The Director of the National Reconnaissance Office, as part of an analysis of alternatives for the future acquisition of space systems, and the Director of the National Geospatial-Intelligence Agency, as part of an analysis of alternatives for the future acquisition of analysis tools for geospatial intelligence, shall each— ####
(1)consider whether there is a cost-effective domestic commercial capability or service available that can meet any or all of the geospatial-intelligence requirements of the Department of Defense, the intelligence community, or both; ####
(2)if a cost-effective domestic commercial capability or service is available as described in paragraph (1)— #####
(A)give preference to using such domestic commercial capability or service to meet requirements; and #####
(B)determine— ######
(i)whether it is in the national interest to develop a governmental space system or service for geospatial intelligence; ######
(ii)whether such a governmental space system or service would be duplicative to such a domestic commercial capability or service; and ######
(iii)the costs for developing such a governmental space system or service; and ####
(3)include, as part of the established acquisition reporting requirements to the appropriate congressional committees, any determination made under paragraphs
(1)and (2). ###
(c)Definitions In this section: ####
(1)The term “acquisition of commercial satellite imagery” means the acquisition of satellite imagery derived from electro- optical, infrared, synthetic aperture radar, hyperspectral, and radio frequency, data. ####
(2)The term “appropriate congressional committees” means— #####
(A)the congressional defense committees; #####
(B)the Select Committee on Intelligence of the Senate; and #####
(C)the Permanent Select Committee on Intelligence of the House of Representatives. ####
(3)The term “commercial geospatial-intelligence services” means services including analytic tools, products, or data that can describe, assess, and visually depict natural or manmade features, objects, or activities that can be geographically referenced on the Earth, regardless of collection phenomenology. ####
(4)The term “domestic” includes, with respect to commercial capabilities or services covered by this section, capabilities or services provided by companies that operate in the United States and have active mitigation agreements pursuant to the National Industrial Security Program, unless the Director of the National Reconnaissance Office or the Director of the National Geospatial-Intelligence Agency submits to the appropriate congressional committees a written determination that excluding such companies is warranted on the basis of national security or strategic policy needs. ####
(5)The term “intelligence community” has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
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