33 U.S.C. § 4102 — Coordination regarding assessment and

Page 1033 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 4102 (i) designed to function without an on- board human presence; and (ii) that may include associated compo- nents such as control and communica- tions, 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 au- tonomous 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 chapter. (Pub. L. 115–394, § 2, Dec. 21, 2018, 132 Stat. 5281.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 115–394, § 1(a), Dec. 21, 2018, 132 Stat. 5281, pro- vided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Commercial Engagement Through Ocean Technology Act of 2018’ or the ‘CENOTE Act of 2018’.’’ § 4102. Coordination regarding assessment and acquisition by National Oceanic and Atmos- pheric Administration of unmanned mari- time systems (a) Establishment The Administrator shall direct the Office of Oceanic and Atmospheric Research (in this chapter referred to as ‘‘OAR’’) and the Office of Marine and Aviation Operations (in this chapter referred to as ‘‘OMAO’’)— (1) to coordinate the Administration’s re- search, assessment, and acquisition of un- manned maritime systems; and (2) to consider the use of unmanned mari- time 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 Execu- tive Oversight Board (in this chapter re- ferred to as the ‘‘USEOB’’) as the coordi- nating mechanism; and (B) ensure that OAR and OMAO address re- quirements throughout the Administration. (2) Included In utilizing the USEOB under paragraph (1), the Administrator shall ensure that represen- tation on the USEOB is included from the fol- lowing: (A) The Office of Ocean Exploration (OER). (B) The program office of the Integrated Ocean Observing System. (C) Such other offices of the Administra- tion as the Administrator determines are ac- tively engaged with unmanned maritime systems. (c) Coordination with the Navy (1) In general In carrying out this chapter, the Adminis- trator shall— (A) make efforts to coordinate with the Secretary of the Navy to leverage expertise in the development and operational transi- tion of unmanned maritime systems; (B) align with, utilize, and inform the Dep- uty Under Secretary of Commerce for Oper- ations and the Oceanographer of the Navy’s strategic and operational priorities, particu- larly for missions and geography within the Administration’s purview; (C) seek to utilize Naval unmanned sys- tems 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 prior- ities and requirements of the Administra- tion into research and development activi- ties conducted by the Secretary of the Navy; (ii) consultation intended to encourage and facilitate efforts by the Administra- tion to partner with the Navy to procure unmanned maritime systems and to estab- lish, instrument, and operate test or train- ing ranges and related facilities; (iii) adopting procedures defined by the Secretary of the Navy for the Administra- tion to access and utilize test or training ranges or related Naval facilities for pur- poses identified in paragraph (2)(B); and (iv) such other topics as the Adminis- trator considers necessary or advisable, in- cluding mapping, bathymetry, observa- tions, and ocean exploration. (2) Location The Administrator shall, if practicable, carry out the activities authorized by this chapter at a facility where the Navy and the Administration are co-located, for the fol- lowing purposes: (A) Gaining efficiencies through collabora- tion. (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 chapter, the Adminis- trator and the Secretary of the Navy may utilize the National Oceanographic Partnership Pro- gram, established under chapter 665 of title 10, as a mechanism for providing interagency co- Page 1034 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 4103 ordination for the advancement of unmanned maritime systems. (e) Coordination with academic sector In carrying out this chapter, the Adminis- trator, 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 sys- tems. (2) Providing training in unmanned mari- time systems as part of an accredited certifi- cate or degree program of education. (3) Facilitating the commercialization of un- manned maritime systems through public-pri- vate partnerships that includes academic re- search institutions, private industry, and pub- lic safety agencies. (4) Arranging access to and use of additional facilities that support testing and assessment of or training with respect to unmanned mari- time 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 un- manned maritime systems in real or simulated environments. (5) Facilitating engagement with other aca- demic institutions with interest or relevant expertise in unmanned maritime systems. (6) Promoting information sharing between the academic, environmental, and military in- stitutions to lead to more robust, mission-ori- ented unmanned maritime systems. (f) Engagement with the private sector Other than as described in subsection (e), the Administrator, in consultation with the Sec- retary of the Navy, may, in carrying out this chapter, to the extent practicable, coordinate and consult with the private sector— (1) to support the commercialization of un- manned maritime systems; and (2) to assist with their assessment of com- mercially available unmanned maritime sys- tems to support the missions and goals of the Navy, the Administration, and cooperative ac- tivities of the Administration. (Pub. L. 115–394, § 3, Dec. 21, 2018, 132 Stat. 5282.) § 4103. Regular assessment of unmanned mari- time systems to support National Oceanic and Atmospheric Administration missions (a) In general The Administrator, acting through the Assist- ant Administrator for Oceanic and Atmospheric Research and the Director of the Office of Ma- rine and Aviation Operations and the National Oceanic and Atmospheric Administration Com- missioned 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 suit- ability, feasibility, and cost-effectiveness of un- manned maritime systems to meet data speci- fications required by programs of the Adminis- tration. (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 re- quired by programs of the Administration. (d) Engagement The Assistant Administrator and the Director shall jointly— (1) convene and consult the Unmanned Mari- time Systems Ocean Technology Coordinating Committee established under section 4102(b) of this title; 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). (Pub. L. 115–394, § 4, Dec. 21, 2018, 132 Stat. 5284.) § 4104. Acquisition of unmanned maritime sys- tems (a) In general The Administrator shall coordinate and cen- tralize 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 chapter in their regular assessments and approved by the USEOB. (b) Memoranda of understanding In order to realize greater savings and effi- ciency, the Administrator may develop and exe- cute a memorandum of agreement with the Sec- retary of the Navy to— (1) participate in procurements conducted by the signatories to the memorandum of under- standing; (2) accept decommissioned unmanned mari- time systems from the Navy; (3) develop policies and procedures to share unmanned maritime systems; or (4) provide for other means of creating effi- ciency and savings in Federal acquisition of unmanned maritime systems. (c) Rule of construction Nothing in this chapter shall be construed to modify Federal procurement law. (Pub. L. 115–394, § 5, Dec. 21, 2018, 132 Stat. 5285.) § 4105. Reports on unmanned maritime systems and usage for mission of the National Oce- anic and Atmospheric Administration (a) In general In carrying out this chapter, the Adminis- trator shall, not later than one year after De- cember 21, 2018, and every 4 years thereafter, submit to the appropriate committees of Con- gress a report on the usage of unmanned mari- time systems for the mission of the Administra- tion.