S.2511 - CENOTE Act of 2018115th Congress (2017-2018)

Shown Here:
Public Law No: 115-394 (12/21/2018)

[115th Congress Public Law 394]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 5281]]

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. <<NOTE: Dec. 
                        21, 2018 -  [S. 2511]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Commercial 
Engagement Through Ocean Technology Act of 2018.>> 
SECTION 1. <<NOTE: 33 USC 4101 note.>>  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. <<NOTE: 33 USC 4101.>>  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. <<NOTE: 33 USC 4102.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Memorandum.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Procedures.>>  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) <<NOTE: Consultation.>>  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. <<NOTE: Consultations.>> --
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. <<NOTE: 33 USC 4103.>>  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. <<NOTE: Consultations.>> --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. <<NOTE: 33 USC 4104.>>  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) <<NOTE: Policies. Procedures.>>  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. <<NOTE: 33 USC 4105.>>  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) <<NOTE: Inventory. Summary.>>  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) <<NOTE: Lists.>>  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. <<NOTE: 33 USC 4106.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Contracts. Grants.>>  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:
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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.

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