COMMERCIAL IMAGERY INDUSTRIAL BASE.

SEC. 927. COMMERCIAL IMAGERY INDUSTRIAL BASE.(a) Requirement.—Of the total amount authorized to be appropriated for fiscal year 2004 for the acquisition, processing, and licensing of imagery from commercial sources (including amounts authorized to be appropriated under that title for experimentation related to such imagery), not less than 90 percent shall be used for the following purposes:(1) Acquisition of space-based imagery from commercial sources.(2) Support for the development of next-generation commercial imagery satellites.(3) Support for infrastructure improvements that meet unique requirements related to commercial imagery.(b) Waiver.—(1) The Secretary of Defense may waive the requirement in subsection (a) if the Secretary determines that the waiver is in the national security interest of the United States. Any such waiver shall be made in consultation with the Director of Central Intelligence.(2) If the Secretary makes the waiver authorized by paragraph (1), the Secretary shall, within 30 days of issuing the waiver, submit to the appropriate congressional committees a report that includes the following:(A) The Secretary’s reasons for determining that the waiver is in the national security interest of the United States.(B) The Secretary’s plan for use of the amount referred to in subsection (a).(c) Report on Department of Defense Implementation of President’s Commercial Remote Sensing Policy.—(1) Not later than March 1, 2004, the Secretary of Defense shall submit to the appropriate congressional committees a report on the actions taken, and to be taken, by the Secretary to implement the President’s policy issued on May 13, 2003, with the title “U.S. Commercial Remote Sensing Space Policy”. The Secretary shall consult with the Director of Central Intelligence in preparing the report. (2) The report under paragraph (1) shall include an assessment of the following matters: 117 STAT. 1580(A) The sufficiency for the sustainment of a viable commercial imagery industrial base in the United States of—(i) the President’s policy referred to in paragraph (1);(ii) the amount provided for the Department of Defense for fiscal year 2004 for the acquisition of imagery from commercial sources; and(iii) the amounts scheduled in the future-years defense program (as of the submission of the report) for the acquisition of imagery from commercial sources.(B) The extent to which the President’s policy referred to in paragraph (1) and Department of Defense programs relating to the procurement of imagery from commercial sources are sufficient to ensure that imagery is available to the Department of Defense from United States commercial sources to meet the needs of the Department of Defense in a timely manner.(d) Appropriate Congressional Committees.—For the purposes of this section, the term “appropriate congressional committees” means—(1) the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and(2) the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.