[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,

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(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:

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Oceanic and Atmospheric Administration of unmanned maritime
systems.

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National Oceanic and Atmospheric Administration missions.

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the National Oceanic and Atmospheric Administration.

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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.

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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.

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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).

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(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.

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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.

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(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.

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Commercial Engagement Through Ocean Technology Act of 2018 — S. 2511

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