[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5196 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5196

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2018

  Mr. Palazzo (for himself and Mr. Panetta) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
addition to the Committees on Science, Space, and Technology, and Armed 
Services, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
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.
    TITLE I--ASSESSMENT AND ACQUISITION OF UNMANNED MARITIME SYSTEMS

Sec. 101. Establishment of program on assessment and acquisition by 
                            National Oceanic and Atmospheric 
                            Administration of unmanned maritime 
                            systems.
Sec. 102. Regular assessment of unmanned maritime systems to support 
                            National Oceanic and Atmospheric 
                            Administration missions.
Sec. 103. Acquisition of unmanned maritime systems.
Sec. 104. Annual report on unmanned maritime systems and effects on 
                            mission of the National Oceanic and 
                            Atmospheric Administration.
Sec. 105. Additional authorities.
     TITLE II--AVAILABILITY OF DATA FROM UNMANNED MARITIME SYSTEMS

Sec. 201. Public availability of data collected by National Oceanic and 
                            Atmospheric Administration using unmanned 
                            maritime systems.
Sec. 202. Public engagement on matters relating to data collected by 
                            National Oceanic and Atmospheric 
                            Administration using unmanned maritime 
                            systems.
Sec. 203. Facilitating joint projects between National Oceanic and 
                            Atmospheric Administration and private 
                            industry on unmanned maritime systems.

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 term 
        ``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) Curate the data and data curation.--The terms ``curate 
        the data'' and ``data curation'' shall encompass the processes 
        of conducting quality assurance and quality control measures 
        for data, capturing associated appropriate metadata, electronic 
        storage and back up of the data, and ensuring accessibility of 
        the data.
            (5) Data specifications.--The term ``data specifications'' 
        shall refer to the type, resolution, periodicity, and quality 
        of data required by a program of the Administration.
            (6) Program.--The term ``Program'' means the program 
        established under section 101(a).
            (7) 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.
            (8) 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, data 
                        transmission, and processing systems.
                    (B) Examples.--The term ``unmanned maritime 
                systems'' includes the following:
                            (i) Unmanned undersea vehicles.
                            (ii) Unmanned surface vehicles.
                            (iii) Unmanned aerial vehicles.
                            (iv) Autonomous underwater vehicles.
                            (v) Autonomous surface vehicles.
                            (vi) Autonomous aerial vehicles.

    TITLE I--ASSESSMENT AND ACQUISITION OF UNMANNED MARITIME SYSTEMS

SEC. 101. ESTABLISHMENT OF PROGRAM ON ASSESSMENT AND ACQUISITION BY 
              NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OF 
              UNMANNED MARITIME SYSTEMS.

    (a) Establishment.--The Administrator shall establish within the 
Office of Oceanic and Atmospheric Research (OAR) and the Office of 
Marine and Aviation Operations (OMAO) a joint program office to 
coordinate the Administration's research, assessment, and acquisition 
of unmanned maritime systems. The program established under this 
section shall also 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 the Program addresses 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 the Program, 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;
                    (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; and
                    (E) make efforts to coordinate with the United 
                States Naval Postgraduate School to utilize its 
                advanced infrastructure, laboratory facilities, 
                student-faculty expertise, and research and development 
                programs.
            (2) Location.--The Administrator shall, if practicable, 
        carry out the Program 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 the 
Program, 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 the 
Program, to the extent approved by the Secretary of the Navy, the 
Administrator or 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) and to the extent approved by the Secretary of the Navy, 
the Administrator or the Secretary of the Navy may, in carrying out the 
Program, 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. 102. 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 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 enough to make in situ observations required by programs of 
the Administration.
    (d) Engagement.--The Assistant Administrator and the Director shall 
jointly consult with the heads of other offices of the Administration, 
with the academic sector, and with developers and manufacturers of 
unmanned maritime systems to conduct the assessments under subsection 
(a).

SEC. 103. 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 under section 
104(b)(2).
    (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 that Office;
            (2) accept decommissioned unmanned maritime systems from 
        that Office;
            (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. 104. ANNUAL REPORT ON UNMANNED MARITIME SYSTEMS AND EFFECTS ON 
              MISSION OF THE NATIONAL OCEANIC AND ATMOSPHERIC 
              ADMINISTRATION.

    (a) In General.--In carrying out the Program, the Administrator 
shall, not later than one year after the date of the enactment of this 
Act, and every four years thereafter, submit to the appropriate 
committees of Congress a report on the effects of unmanned maritime 
systems on 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 estimated cost of acquiring such systems and 
        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. 105. ADDITIONAL AUTHORITIES.

    In carrying out this title, the Administrator may--
            (1) enter into contracts, cooperative agreements, and other 
        transactions;
            (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; 
        and
            (5) promulgate such rules and regulations as may be 
        necessary and appropriate.

     TITLE II--AVAILABILITY OF DATA FROM UNMANNED MARITIME SYSTEMS

SEC. 201. PUBLIC AVAILABILITY OF DATA COLLECTED BY NATIONAL OCEANIC AND 
              ATMOSPHERIC ADMINISTRATION USING UNMANNED MARITIME 
              SYSTEMS.

    (a) Available to the Public.--
            (1) In general.--Except as provided in paragraph (2), the 
        Administrator shall make available, free of charge, to the 
        public all data collected by the Administrator with the use of 
        unmanned maritime systems.
            (2) Exception.--The Administrator shall not make data 
        described in paragraph (1) available as described in such 
        paragraph if--
                    (A) the Secretary of the Navy determines that the 
                data is subject to a restriction on availability, in 
                whole or in part and on a term or permanent basis, 
                relating to national security; or
                    (B) the Administrator, in consultation with the 
                Secretary of the Navy, determines the data is subject 
                to a restriction on availability due to the need for 
                protection of intellectual property or for pre-
                publication academic use.
    (b) Program of Curation and Distribution of Data.--
            (1) Availability.--The Administrator, acting through the 
        Assistant Administrator for Satellite and Information Services 
        and the Assistant Administrator of the National Ocean Service 
        jointly, shall use existing secure infrastructure such as the 
        Integrated Ocean Observing System--
                    (A) to curate, distribute, store, and backup data 
                described in subsection (a)(1); and
                    (B) to facilitate joint projects under section 203.
            (2) Distribution.--In carrying out the program required by 
        paragraph (1), the Administrator shall use efforts that were in 
        effect on the day before the date of the enactment of this Act, 
        such as the data management framework of the Integrated Ocean 
        Observing System for Federal and non-Federal partnerships, to 
        make data made available under subsection (a)(1) easily 
        accessible to a wide range of users and stakeholders.
            (3) Storage and backup.--In carrying out the program 
        required by paragraph (1), the Administrator shall use the data 
        centers of the National Environmental and Satellite Data 
        Information Service and the data assembly centers of the 
        National Ocean Service that were in effect on the day before 
        the date of the enactment of this Act to store and backup the 
        data described in subsection (a)(1).

SEC. 202. PUBLIC ENGAGEMENT ON MATTERS RELATING TO DATA COLLECTED BY 
              NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION USING 
              UNMANNED MARITIME SYSTEMS.

    (a) In General.--Subject to subsection (b), the Assistant 
Administrator for Satellite and Information Services and the Assistant 
Administrator of the National Ocean Service shall jointly engage in 
cooperative activities of the Administration and with other interested 
users or potential users, including users from the academic, 
commercial, government, and not-for-profit sectors, as well as the 
general public to ensure that--
            (1) data are made available under section 201 in formats 
        that are--
                    (A) useful; and
                    (B) to the extent practicable, consistent and 
                interoperable with data collected by the Integrated 
                Ocean Observing System;
            (2) users and potential users of data made available under 
        section 201 are aware of the range of data available under such 
        section; and
            (3) the Administration--
                    (A) develops a better understanding of data needs 
                from users and potential users; and
                    (B) anticipates future data infrastructure needs to 
                meet growing demands for access to data sets of the 
                Administration from commercial applications.
    (b) Approval of Secretary of the Navy.--Cooperative activities may 
be carried out under subsection (a) only to the extent that the 
Secretary of the Navy approves data made available under section 201 
for release to the public after the Secretary determines there are no 
national security implications relating to that data.
    (c) Technical Assistance.--The Assistant Administrator for 
Satellite and Information Services and the Assistant Administrator of 
the National Ocean Service shall jointly provide technical assistance 
to users or potential users on accessing the data provided under 
section 201.

SEC. 203. FACILITATING JOINT PROJECTS BETWEEN NATIONAL OCEANIC AND 
              ATMOSPHERIC ADMINISTRATION AND PRIVATE INDUSTRY ON 
              UNMANNED MARITIME SYSTEMS.

    (a) In General.--In carrying out the program required by section 
201(b)(1), the Administrator shall develop and implement a process to 
facilitate joint projects among private industry, research 
institutions, and other non-Federal entities with unmanned maritime 
systems expertise for the following purposes:
            (1) Improving ocean observing capabilities to monitor the 
        physical, chemical, and biological conditions of the ocean.
            (2) Increasing cost effectiveness of developing 
        technologies relating to unmanned maritime systems.
            (3) Seeking efficiencies in data collection and management 
        through in the development and deployment of unmanned maritime 
        systems.
            (4) Expanding global capabilities of ocean technology.
            (5) Capitalizing on emerging technological advances.
    (b) Use of Existing Partnerships.--The Administrator may consider 
using partnerships in existence on the day before the date of the 
enactment of this Act, such as such partnerships established through 
the National Oceanographic Partnership Program, for carrying out this 
section.
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