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, 

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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.