    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-394
    115th Congress

    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.--

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    (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:

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    (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,

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    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

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    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

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    (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.

    Approved December 21, 2018.

    LEGISLATIVE HISTORY--S. 2511:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 115-291 (Comm. on Commerce, Science, and
    Transportation).
    CONGRESSIONAL RECORD, Vol. 164 (2018):
    Aug. 23, considered and passed Senate.
    Dec. 10, considered and passed House, amended.
    Dec. 17, Senate concurred in House amendment.