[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2511 Enrolled Bill (ENR)]

        S.2511

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen


                                 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 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) Unmanned systems executive oversight board.--In meeting the 
    requirements described in subsection (a), the Administrator shall--
            (A) utilize the Unmanned Systems Executive Oversight Board 
        (in this Act referred to as the ``USEOB'') as the coordinating 
        mechanism; and
            (B) ensure that OAR and OMAO address requirements 
        throughout the Administration.
        (2) Included.--In utilizing the USEOB under paragraph (1), the 
    Administrator shall ensure that representation on the USEOB 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.
    (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 USEOB.
    (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; and
        (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.