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

<DOC>





                                                       Calendar No. 504
115th CONGRESS
  2d Session
                                S. 2511

                          [Report No. 115-291]

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 SENATE OF THE UNITED STATES

                             March 7, 2018

Mr. Wicker (for himself and Mr. Schatz) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                              July 9, 2018

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

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

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
   <DELETED>TITLE I--ASSESSMENT AND ACQUISITION OF UNMANNED MARITIME 
                                SYSTEMS

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

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

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Administration.--The term ``Administration'' 
        means the National Oceanic and Atmospheric 
        Administration.</DELETED>
        <DELETED>    (2) Administrator.--The term ``Administrator'' 
        means the Under Secretary of Commerce for Oceans and Atmosphere 
        and Administrator of the National Oceanic and Atmospheric 
        Administration.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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 meta data, 
        electronic storage and back up of the data, and ensuring 
        accessibility of the data.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (6) Program.--The term ``Program'' means the 
        program established under section 101(a).</DELETED>
        <DELETED>    (7) Test or training range.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) evaluating the performance of 
                        such systems; or</DELETED>
                        <DELETED>    (ii) training personnel on 
                        operating procedures for such 
                        systems.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (8) Unmanned maritime systems.--</DELETED>
                <DELETED>    (A) In general.--The term ``unmanned 
                maritime systems'' means remotely operated or 
                autonomous vehicles produced by the commercial sector--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) that may include associated 
                        components such as control and communications, 
                        data transmission, and processing 
                        systems.</DELETED>
                <DELETED>    (B) Examples.--The term ``unmanned 
                maritime systems'' includes the following:</DELETED>
                        <DELETED>    (i) Unmanned undersea 
                        vehicles.</DELETED>
                        <DELETED>    (ii) Unmanned surface 
                        vehicles.</DELETED>
                        <DELETED>    (iii) Unmanned aerial 
                        vehicles.</DELETED>
                        <DELETED>    (iv) Autonomous underwater 
                        vehicles.</DELETED>
                        <DELETED>    (v) Autonomous surface 
                        vehicles.</DELETED>
                        <DELETED>    (vi) Autonomous aerial 
                        vehicles.</DELETED>

   <DELETED>TITLE I--ASSESSMENT AND ACQUISITION OF UNMANNED MARITIME 
                           SYSTEMS</DELETED>

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

<DELETED>    (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.</DELETED>
<DELETED>    (b) Coordination Within the Administration.--</DELETED>
        <DELETED>    (1) Authority to establish coordinating 
        committee.--The Administrator shall establish a coordinating 
        committee to ensure that the Program addresses requirements 
        throughout the Administration.</DELETED>
        <DELETED>    (2) Included.--In establishing a coordinating 
        committee under paragraph (1), the Administrator shall ensure 
        that representation in the committee is included from the 
        following:</DELETED>
                <DELETED>    (A) The Office of Ocean Exploration 
                (OER).</DELETED>
                <DELETED>    (B) The program office of the Integrated 
                Ocean Observing System.</DELETED>
                <DELETED>    (C) Such other offices of the 
                Administration as the Administrator determines are 
                actively engaged with unmanned maritime 
                systems.</DELETED>
        <DELETED>    (3) Designation.--A coordinating committee 
        established under paragraph (1) shall be known as the 
        ``Unmanned Maritime Systems Ocean Technology Coordinating 
        Committee''.</DELETED>
<DELETED>    (c) Coordination With the Navy.--</DELETED>
        <DELETED>    (1) In general.--In carrying out the Program, the 
        Administrator shall--</DELETED>
                <DELETED>    (A) make efforts to coordinate with the 
                Secretary of the Navy to leverage expertise in the 
                development and operational transition of unmanned 
                maritime systems;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) to formalize coordination, execute a 
                memorandum of understanding with the Secretary of the 
                Navy that includes--</DELETED>
                        <DELETED>    (i) incorporating consideration of 
                        priorities and requirements of the 
                        Administration into research and development 
                        activities conducted by the Secretary of the 
                        Navy;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iv) such other topics as the 
                        Administrator considers necessary or advisable, 
                        including mapping, bathymetry, observations, 
                        and ocean exploration.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (A) Gaining efficiencies through 
                collaboration.</DELETED>
                <DELETED>    (B) Advancing development of unmanned 
                maritime systems, including--</DELETED>
                        <DELETED>    (i) systems research and 
                        development;</DELETED>
                        <DELETED>    (ii) systems testing;</DELETED>
                        <DELETED>    (iii) systems modifications; 
                        and</DELETED>
                        <DELETED>    (iv) systems 
                        integration.</DELETED>
                <DELETED>    (C) Accelerating transition from concept 
                to manufacturing and acquisition.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) Maximizing opportunities for research and 
        development of unmanned maritime systems.</DELETED>
        <DELETED>    (2) Providing training in unmanned maritime 
        systems as part of an accredited certificate or degree program 
        of education.</DELETED>
        <DELETED>    (3) Facilitating the commercialization of unmanned 
        maritime systems through public-private partnerships that 
        includes academic research institutions, private industry, and 
        public safety agencies.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Facilitating engagement with other academic 
        institutions with interest or relevant expertise in unmanned 
        maritime systems.</DELETED>
        <DELETED>    (6) Promoting information sharing between the 
        academic, environmental, and military institutions to lead to 
        more robust, mission-oriented unmanned maritime 
        systems.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) to support the commercialization of unmanned 
        maritime systems; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 102. REGULAR ASSESSMENT OF UNMANNED MARITIME SYSTEMS TO 
              SUPPORT NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 
              MISSIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>

<DELETED>SEC. 103. ACQUISITION OF UNMANNED MARITIME SYSTEMS.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (1) participate in procurements conducted by that 
        Office;</DELETED>
        <DELETED>    (2) accept decommissioned unmanned maritime 
        systems from that Office;</DELETED>
        <DELETED>    (3) develop policies and procedures to share 
        unmanned maritime systems; or</DELETED>
        <DELETED>    (4) provide for other means of creating efficiency 
        and savings in Federal acquisition of unmanned maritime 
        systems.</DELETED>
<DELETED>    (c) Rule of Construction.--Nothing in this Act shall be 
construed to modify Federal procurement law.</DELETED>

<DELETED>SEC. 104. ANNUAL REPORT ON UNMANNED MARITIME SYSTEMS AND 
              EFFECTS ON MISSION OF THE NATIONAL OCEANIC AND 
              ATMOSPHERIC ADMINISTRATION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Contents.--Each report submitted under subsection (a) 
shall include, for the period covered by the report, the 
following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Appropriate Committees of Congress Defined.--In this 
section, the term ``appropriate committees of Congress'' means--
</DELETED>
        <DELETED>    (1) the Committee on Appropriations, the Committee 
        on Armed Services, and the Committee on Commerce, Science, and 
        Transportation of the Senate; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 105. AUTHORIZATION OF APPROPRIATIONS AND ADDITIONAL 
              AUTHORITIES.</DELETED>

<DELETED>    (a) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
title.</DELETED>
<DELETED>    (b) Additional Authorities.--In carrying out this title, 
the Administrator may--</DELETED>
        <DELETED>    (1) enter into contracts, cooperative agreements, 
        and other transactions;</DELETED>
        <DELETED>    (2) notwithstanding section 1342 of title 31, 
        United States Code, accept donations and voluntary and 
        uncompensated services;</DELETED>
        <DELETED>    (3) accept funds from other Federal departments 
        and agencies;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (5) promulgate such rules and regulations as may 
        be necessary and appropriate.</DELETED>

    <DELETED>TITLE II--AVAILABILITY OF DATA FROM UNMANNED MARITIME 
                           SYSTEMS</DELETED>

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

<DELETED>    (a) Available to the Public.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Exception.--The Administrator shall not make 
        data described in paragraph (1) available as described in such 
        paragraph if--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (b) Program of Curation and Distribution of Data.--
</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) to curate, distribute, store, and 
                backup data described in subsection (a)(1); 
                and</DELETED>
                <DELETED>    (B) to facilitate joint projects under 
                section 203.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>

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

<DELETED>    (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--</DELETED>
        <DELETED>    (1) data are made available under section 201 in 
        formats that are--</DELETED>
                <DELETED>    (A) useful; and</DELETED>
                <DELETED>    (B) to the extent practicable, consistent 
                and interoperable with data collected by the Integrated 
                Ocean Observing System;</DELETED>
        <DELETED>    (2) users and potential users of data made 
        available under section 201 are aware of the range of data 
        available under such section; and</DELETED>
        <DELETED>    (3) the Administration--</DELETED>
                <DELETED>    (A) develops a better understanding of 
                data needs from users and potential users; 
                and</DELETED>
                <DELETED>    (B) anticipates future data infrastructure 
                needs to meet growing demands for access to data sets 
                of the Administration from commercial 
                applications.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

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

<DELETED>    (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:</DELETED>
        <DELETED>    (1) Improving ocean observing capabilities to 
        monitor the physical, chemical, and biological conditions of 
        the ocean.</DELETED>
        <DELETED>    (2) Increasing cost effectiveness of developing 
        technologies relating to unmanned maritime systems.</DELETED>
        <DELETED>    (3) Seeking efficiencies in data collection and 
        management through in the development and deployment of 
        unmanned maritime systems.</DELETED>
        <DELETED>    (4) Expanding global capabilities of ocean 
        technology.</DELETED>
        <DELETED>    (5) Capitalizing on emerging technological 
        advances.</DELETED>
<DELETED>    (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.</DELETED>

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.
                                                       Calendar No. 504

115th CONGRESS

  2d Session

                                S. 2511

                          [Report No. 115-291]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              July 9, 2018

                       Reported with an amendment