[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2511 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 2511
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
_______________________________________________________________________
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,
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.
TITLE I--ASSESSMENT AND ACQUISITION OF UNMANNED MARITIME SYSTEMS
Sec. 101. Establishment of program on assessment and acquisition by
National Oceanic and Atmospheric
Administration of unmanned maritime
systems.
Sec. 102. Regular assessment of unmanned maritime systems to support
National Oceanic and Atmospheric
Administration missions.
Sec. 103. Acquisition of unmanned maritime systems.
Sec. 104. Annual report on unmanned maritime systems and effects on
mission of the National Oceanic and
Atmospheric Administration.
Sec. 105. Authorization of appropriations and additional authorities.
TITLE II--AVAILABILITY OF DATA FROM UNMANNED MARITIME SYSTEMS
Sec. 201. Public availability of data collected by National Oceanic and
Atmospheric Administration using unmanned
maritime systems.
Sec. 202. Public engagement on matters relating to data collected by
National Oceanic and Atmospheric
Administration using unmanned maritime
systems.
Sec. 203. Facilitating joint projects between National Oceanic and
Atmospheric Administration and private
industry on unmanned maritime systems.
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 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.
(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.
(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.
(6) Program.--The term ``Program'' means the program
established under section 101(a).
(7) 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.
(8) 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, data
transmission, and processing systems.
(B) Examples.--The term ``unmanned maritime
systems'' includes the following:
(i) Unmanned undersea vehicles.
(ii) Unmanned surface vehicles.
(iii) Unmanned aerial vehicles.
(iv) Autonomous underwater vehicles.
(v) Autonomous surface vehicles.
(vi) Autonomous aerial vehicles.
TITLE I--ASSESSMENT AND ACQUISITION OF UNMANNED MARITIME SYSTEMS
SEC. 101. ESTABLISHMENT OF PROGRAM ON ASSESSMENT AND ACQUISITION BY
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OF
UNMANNED MARITIME SYSTEMS.
(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.
(b) Coordination Within the Administration.--
(1) Authority to establish coordinating committee.--The
Administrator shall establish a coordinating committee to
ensure that the Program addresses 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 the Program, 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 Program 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 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.
(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:
(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) 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--
(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. 102. 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 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 enough to make in situ observations required by programs of
the Administration.
(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).
SEC. 103. 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 under section
104(b)(2).
(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 that Office;
(2) accept decommissioned unmanned maritime systems from
that Office;
(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. 104. ANNUAL REPORT ON UNMANNED MARITIME SYSTEMS AND EFFECTS ON
MISSION OF THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION.
(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.
(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 estimated cost of acquiring such systems and
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. 105. AUTHORIZATION OF APPROPRIATIONS AND ADDITIONAL AUTHORITIES.
(a) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this title.
(b) Additional Authorities.--In carrying out this title, the
Administrator may--
(1) enter into contracts, cooperative agreements, and other
transactions;
(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;
and
(5) promulgate such rules and regulations as may be
necessary and appropriate.
TITLE II--AVAILABILITY OF DATA FROM UNMANNED MARITIME SYSTEMS
SEC. 201. PUBLIC AVAILABILITY OF DATA COLLECTED BY NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION USING UNMANNED MARITIME
SYSTEMS.
(a) Available to the Public.--
(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.
(2) Exception.--The Administrator shall not make data
described in paragraph (1) available as described in such
paragraph if--
(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
(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.
(b) Program of Curation and Distribution of Data.--
(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--
(A) to curate, distribute, store, and backup data
described in subsection (a)(1); and
(B) to facilitate joint projects under section 203.
(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.
(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).
SEC. 202. PUBLIC ENGAGEMENT ON MATTERS RELATING TO DATA COLLECTED BY
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION USING
UNMANNED MARITIME SYSTEMS.
(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--
(1) data are made available under section 201 in formats
that are--
(A) useful; and
(B) to the extent practicable, consistent and
interoperable with data collected by the Integrated
Ocean Observing System;
(2) users and potential users of data made available under
section 201 are aware of the range of data available under such
section; and
(3) the Administration--
(A) develops a better understanding of data needs
from users and potential users; and
(B) anticipates future data infrastructure needs to
meet growing demands for access to data sets of the
Administration from commercial applications.
(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.
(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.
SEC. 203. FACILITATING JOINT PROJECTS BETWEEN NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION AND PRIVATE INDUSTRY ON
UNMANNED MARITIME SYSTEMS.
(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:
(1) Improving ocean observing capabilities to monitor the
physical, chemical, and biological conditions of the ocean.
(2) Increasing cost effectiveness of developing
technologies relating to unmanned maritime systems.
(3) Seeking efficiencies in data collection and management
through in the development and deployment of unmanned maritime
systems.
(4) Expanding global capabilities of ocean technology.
(5) Capitalizing on emerging technological advances.
(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.
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