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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2511 Engrossed in Senate (ES)]

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115th CONGRESS
  2d Session
                                S. 2511

_______________________________________________________________________

                                 AN ACT

 
To require the Under Secretary of Commerce for Oceans and Atmosphere to 
 carry out a program on coordinating the assessment and acquisition by 
    the National Oceanic and Atmospheric Administration of unmanned 
maritime systems, to make available to the public data collected by the 
       Administration using such systems, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Commercial 
Engagement Through Ocean Technology Act of 2018'' or the ``CENOTE Act 
of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Coordination regarding assessment and acquisition by National 
                            Oceanic and Atmospheric Administration of 
                            unmanned maritime systems.
Sec. 4. Regular assessment of unmanned maritime systems to support 
                            National Oceanic and Atmospheric 
                            Administration missions.
Sec. 5. Acquisition of unmanned maritime systems.
Sec. 6. Reports on unmanned maritime systems and usage for mission of 
                            the National Oceanic and Atmospheric 
                            Administration.
Sec. 7. Funding and additional authorities.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administration.--The term ``Administration'' means the 
        National Oceanic and Atmospheric Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Under Secretary of Commerce for Oceans and Atmosphere and 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (3) Cooperative activities of the administration.--The 
        terms ``cooperative activities of the Administration'' means 
        cooperative activities between the Administration and an 
        external entity, such as the Cooperative Institutes, Sea Grant 
        Colleges, National Estuarine Research Reserves, the National 
        Oceanographic Partnership Program established under chapter 665 
        of title 10, United States Code, and regional associations of 
        the Integrated Ocean Observing System.
            (4) Data specifications.--The term ``data specifications'' 
        shall refer to the type, resolution, periodicity, and quality 
        of data required by an program of the Administration.
            (5) Test or training range.--
                    (A) In general.--The term ``test or training 
                range'' means an area designated for operating unmanned 
                maritime systems and other types of systems for the 
                purpose of--
                            (i) evaluating the performance of such 
                        systems; or
                            (ii) training personnel on operating 
                        procedures for such systems.
                    (B) Inclusions.--The term ``test or training 
                range'' may include specialized fixed or portable 
                instrumentation for the operation of unmanned maritime 
                systems and other types of systems.
            (6) Unmanned maritime systems.--
                    (A) In general.--The term ``unmanned maritime 
                systems'' means remotely operated or autonomous 
                vehicles produced by the commercial sector--
                            (i) designed to travel in the air, on or 
                        under the ocean surface, on land, or any 
                        combination, and that function without an on-
                        board human presence; and
                            (ii) that may include associated components 
                        such as control and communications, 
                        instrumentation, data transmission, and 
                        processing systems.
                    (B) Examples.--The term ``unmanned maritime 
                systems'' includes the following:
                            (i) Unmanned undersea vehicles.
                            (ii) Unmanned surface vehicles.
                            (iii) Autonomous underwater vehicles.
                            (iv) Autonomous surface vehicles.
                    (C) Treatment of aerial vehicles.--The term 
                ``unmanned maritime systems'' includes unmanned aerial 
                vehicles and autonomous aerial vehicles that are used 
                to address maritime issues to the extent the 
                Administrator determines it is necessary and 
                appropriate to achieve the purposes of this Act.

SEC. 3. COORDINATION REGARDING ASSESSMENT AND ACQUISITION BY NATIONAL 
              OCEANIC AND ATMOSPHERIC ADMINISTRATION OF UNMANNED 
              MARITIME SYSTEMS.

    (a) Establishment.--The Administrator shall direct the Office of 
Oceanic and Atmospheric Research (in this Act referred to as ``OAR'') 
and the Office of Marine and Aviation Operations (in this Act referred 
to as ``OMAO'')--
            (1) to coordinate the Administration's research, 
        assessment, and acquisition of unmanned maritime systems; and
            (2) to consider the use of unmanned maritime systems in 
        cooperative activities of the Administration.
    (b) Coordination Within the Administration.--
            (1) Authority to establish coordinating committee.--The 
        Administrator shall establish a coordinating committee to 
        ensure that OAR and OMAO address requirements throughout the 
        Administration.
            (2) Included.--In establishing a coordinating committee 
        under paragraph (1), the Administrator shall ensure that 
        representation in the committee is included from the following:
                    (A) The Office of Ocean Exploration (OER).
                    (B) The program office of the Integrated Ocean 
                Observing System.
                    (C) Such other offices of the Administration as the 
                Administrator determines are actively engaged with 
                unmanned maritime systems.
            (3) Designation.--A coordinating committee established 
        under paragraph (1) shall be known as the ``Unmanned Maritime 
        Systems Ocean Technology Coordinating Committee''.
    (c) Coordination With the Navy.--
            (1) In general.--In carrying out this Act, the 
        Administrator shall--
                    (A) make efforts to coordinate with the Secretary 
                of the Navy to leverage expertise in the development 
                and operational transition of unmanned maritime 
                systems;
                    (B) align with, utilize, and inform the Deputy 
                Under Secretary of Commerce for Operations and the 
                Oceanographer of the Navy's strategic and operational 
                priorities, particularly for missions and geography 
                within the Administration's purview;
                    (C) seek to utilize Naval unmanned systems test or 
                training ranges, such as the Gulf of Mexico Unmanned 
                Systems Test and Training Range of the Naval 
                Meteorology and Oceanography Command, and maximize 
                interagency cooperation and sharing of best practices; 
                and
                    (D) to formalize coordination, execute a memorandum 
                of understanding with the Secretary of the Navy that 
                includes--
                            (i) incorporating consideration of 
                        priorities and requirements of the 
                        Administration into research and development 
                        activities conducted by the Secretary of the 
                        Navy;
                            (ii) consultation intended to encourage and 
                        facilitate efforts by the Administration to 
                        partner with the Navy to procure unmanned 
                        maritime systems and to establish, instrument, 
                        and operate test or training ranges and related 
                        facilities;
                            (iii) adopting procedures defined by the 
                        Secretary of the Navy for the Administration to 
                        access and utilize test or training ranges or 
                        related Naval facilities for purposes 
                        identified in paragraph (2)(B); and
                            (iv) such other topics as the Administrator 
                        considers necessary or advisable, including 
                        mapping, bathymetry, observations, and ocean 
                        exploration.
            (2) Location.--The Administrator shall, if practicable, 
        carry out the activities authorized by this Act at a facility 
        where the Navy and the Administration are co-located, for the 
        following purposes:
                    (A) Gaining efficiencies through collaboration.
                    (B) Advancing development of unmanned maritime 
                systems, including--
                            (i) systems research and development;
                            (ii) systems testing;
                            (iii) systems modifications; and
                            (iv) systems integration.
                    (C) Accelerating transition from concept to 
                manufacturing and acquisition.
    (d) Coordination With Other Federal Agencies.--In carrying out this 
Act, the Administrator and the Secretary of the Navy may utilize the 
National Oceanographic Partnership Program, established under chapter 
665 of title 10, United States Code, as a mechanism for providing 
interagency coordination for the advancement of unmanned maritime 
systems.
    (e) Coordination With Academic Sector.--In carrying out this Act, 
the Administrator, in consultation with the Secretary of the Navy, may 
coordinate and co-locate with an academic research institution, or 
consortium of academic research institutions, for the following 
purposes:
            (1) Maximizing opportunities for research and development 
        of unmanned maritime systems.
            (2) Providing training in unmanned maritime systems as part 
        of an accredited certificate or degree program of education.
            (3) Facilitating the commercialization of unmanned maritime 
        systems through public-private partnerships that includes 
        academic research institutions, private industry, and public 
        safety agencies.
            (4) Arranging access to and use of additional facilities 
        that support testing and assessment of or training with respect 
        to unmanned maritime systems under environmental conditions of 
        interest, increasing operational tolerance under such 
        conditions, certifying operational capacity under such 
        conditions, whether real or simulated, and training operators 
        of unmanned maritime systems in real or simulated environments.
            (5) Facilitating engagement with other academic 
        institutions with interest or relevant expertise in unmanned 
        maritime systems.
            (6) Promoting information sharing between the academic, 
        environmental, and military institutions to lead to more 
        robust, mission-oriented unmanned maritime systems.
    (f) Engagement With the Private Sector.--Other than as described in 
subsection (e), the Administrator, in consultation with the Secretary 
of the Navy, may, in carrying out this Act, to the extent practicable, 
coordinate and consult with the private sector--
            (1) to support the commercialization of unmanned maritime 
        systems; and
            (2) to assist with their assessment of commercially 
        available unmanned maritime systems to support the missions and 
        goals of the Navy, the Administration, and cooperative 
        activities of the Administration.

SEC. 4. REGULAR ASSESSMENT OF UNMANNED MARITIME SYSTEMS TO SUPPORT 
              NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION MISSIONS.

    (a) In General.--The Administrator, acting through the Assistant 
Administrator for Oceanic and Atmospheric Research and the Director of 
the Office of Marine and Aviation Operations and the National Oceanic 
and Atmospheric Administration Commissioned Officer Corps, shall 
regularly assess publicly and commercially available unmanned maritime 
systems for potential use to support missions of the Administration.
    (b) Science-based Assessments.--The Administrator shall carry out 
subsection (a) through the Assistant Administrator for all matters 
relating to assessment of the suitability, feasibility, and cost-
effectiveness of unmanned maritime systems to meet data specifications 
required by programs of the Administration.
    (c) Assessment of Operational Utility.--The Administrator shall 
carry out subsection (a) through the Director for all matters relating 
to assessment of whether unmanned maritime systems are operationally 
reliable, feasible, and cost effective enough to make observations 
required by programs of the Administration.
    (d) Engagement.--The Assistant Administrator and the Director shall 
jointly--
            (1) convene and consult the Unmanned Maritime Systems Ocean 
        Technology Coordinating Committee established under section 
        3(b); and
            (2) consult with the heads of other offices of the 
        Administration, the academic sector, and developers and 
        manufacturers of unmanned maritime systems to conduct the 
        assessments under subsection (a).

SEC. 5. ACQUISITION OF UNMANNED MARITIME SYSTEMS.

    (a) In General.--The Administrator shall coordinate and centralize 
the acquisition by the Administration of unmanned maritime systems to 
meet the prioritized list of data requirements identified by OAR and 
OMAO in carrying out this Act in their regular assessments and approved 
by the Unmanned Maritime Systems Ocean Technology Coordinating 
Committee established under section 3(b).
    (b) Memoranda of Understanding.--In order to realize greater 
savings and efficiency, the Administrator may develop and execute a 
memorandum of agreement with the Secretary of the Navy to--
            (1) participate in procurements conducted by the 
        signatories to the memorandum of understanding;
            (2) accept decommissioned unmanned maritime systems from 
        the Navy;
            (3) develop policies and procedures to share unmanned 
        maritime systems; or
            (4) provide for other means of creating efficiency and 
        savings in Federal acquisition of unmanned maritime systems.
    (c) Rule of Construction.--Nothing in this Act shall be construed 
to modify Federal procurement law.

SEC. 6. REPORTS ON UNMANNED MARITIME SYSTEMS AND USAGE FOR MISSION OF 
              THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    (a) In General.--In carrying out this Act, the Administrator shall, 
not later than one year after the date of the enactment of this Act, 
and every 4 years thereafter, submit to the appropriate committees of 
Congress a report on the usage of unmanned maritime systems for the 
mission of the Administration.
    (b) Contents.--Each report submitted under subsection (a) shall 
include, for the period covered by the report, the following:
            (1) An inventory of current unmanned maritime systems used 
        by programs of the Administration, a summary of the data they 
        have returned, and the benefits realized from having such data.
            (2) A prioritized list of data requirements of the 
        Administration that could be met with unmanned maritime 
        systems, and the commercially available unmanned maritime 
        systems with the operational capabilities to collect such data.
    (c) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Appropriations, the Committee on Armed 
        Services, and the Committee on Commerce, Science, and 
        Transportation of the Senate; and
            (2) the Committee on Appropriations, the Committee on Armed 
        Services, the Committee on Natural Resources, and the Committee 
        on Science, Space, and Technology of the House of 
        Representatives.

SEC. 7. FUNDING AND ADDITIONAL AUTHORITIES.

    (a) Funding.--The Administrator shall carry out this Act using 
existing amounts appropriated or otherwise made available to the 
Administration.
    (b) Additional Authorities.--In carrying out this Act, the 
Administrator may--
            (1) enter into contracts, cooperative agreements, and other 
        transactions with any domestic or foreign government;
            (2) notwithstanding section 1342 of title 31, United States 
        Code, accept donations and voluntary and uncompensated 
        services;
            (3) accept funds from other Federal departments and 
        agencies;
            (4) utilize the National Oceanographic Partnership Program 
        established under chapter 665 of title 10, United States Code, 
        to accept funds from other Federal departments and agencies, to 
        accept donations, and to enter into contracts and award grants;
            (5) under an agreement entered into under paragraph (1), 
        transfer funds appropriated to carry our this Act to any 
        organization;
            (6) use, with their consent, with or without reimbursement, 
        and subject to the availability of appropriations, the land, 
        services, equipment, personnel, and facilities of--
                    (A) any department, agency, or instrumentality of 
                the United States;
                    (B) any State or local government or tribal 
                government; or
                    (C) any foreign government or international 
                organization; and
            (7) promulgate such rules and regulations as may be 
        necessary and appropriate.

            Passed the Senate August 23, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                S. 2511

_______________________________________________________________________

                                 AN ACT

To require the Under Secretary of Commerce for Oceans and Atmosphere to 
 carry out a program on coordinating the assessment and acquisition by 
    the National Oceanic and Atmospheric Administration of unmanned 
maritime systems, to make available to the public data collected by the 
       Administration using such systems, and for other purposes.
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