IC 

115TH CONGRESS 

2D SESSION S. 2511 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 28, 2018 

Referred to the Committee on Natural Resources, and in addition to the Committees on Science, Space, and Technology, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Commercial Engagement Through Ocean Technology 

6 Act of 2018’’ or the ‘‘CENOTE Act of 2018’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 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. 

9 SEC. 2. DEFINITIONS. 

10 In this Act: 

11 (1) ADMINISTRATION.—The term ‘‘Administra12 tion’’ means the National Oceanic and Atmospheric 

13 Administration. 

14 (2) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Under Secretary of Commerce for 

16 Oceans and Atmosphere and Administrator of the 

17 National Oceanic and Atmospheric Administration. 

18 (3) COOPERATIVE ACTIVITIES OF THE ADMINIS19 TRATION.—The terms ‘‘cooperative activities of the 

20 Administration’’ means cooperative activities beVerDate Sep 11 2014 01:59 Sep 05, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2511.RFH S2511

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1 tween the Administration and an external entity, 

2 such as the Cooperative Institutes, Sea Grant Col3 leges, National Estuarine Research Reserves, the 

4 National Oceanographic Partnership Program estab5 lished under chapter 665 of title 10, United States 

6 Code, and regional associations of the Integrated 

7 Ocean Observing System. 

8 (4) DATA SPECIFICATIONS.—The term ‘‘data 

9 specifications’’ shall refer to the type, resolution, pe10 riodicity, and quality of data required by an program 

11 of the Administration. 

12 (5) TEST OR TRAINING RANGE.— 

13 (A) IN GENERAL.—The term ‘‘test or 

14 training range’’ means an area designated for 

15 operating unmanned maritime systems and 

16 other types of systems for the purpose of— 

17 (i) evaluating the performance of such 

18 systems; or 

19 (ii) training personnel on operating 

20 procedures for such systems. 

21 (B) INCLUSIONS.—The term ‘‘test or 

22 training range’’ may include specialized fixed or 

23 portable instrumentation for the operation of 

24 unmanned maritime systems and other types of 

25 systems. 


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1 (6) UNMANNED MARITIME SYSTEMS.— 

2 (A) IN GENERAL.—The term ‘‘unmanned 

3 maritime systems’’ means remotely operated or 

4 autonomous vehicles produced by the commer5 cial sector— 

6 (i) designed to travel in the air, on or 

7 under the ocean surface, on land, or any 

8 combination, and that function without an 

9 on-board human presence; and 

10 (ii) that may include associated com11 ponents such as control and communica12 tions, instrumentation, data transmission, 

13 and processing systems. 

14 (B) EXAMPLES.—The term ‘‘unmanned 

15 maritime systems’’ includes the following: 

16 (i) Unmanned undersea vehicles. 

17 (ii) Unmanned surface vehicles. 

18 (iii) Autonomous underwater vehicles. 

19 (iv) Autonomous surface vehicles. 

20 (C) TREATMENT OF AERIAL VEHICLES.— 

21 The term ‘‘unmanned maritime systems’’ in22 cludes unmanned aerial vehicles and autono23 mous aerial vehicles that are used to address 

24 maritime issues to the extent the Administrator 


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1 determines it is necessary and appropriate to 

2 achieve the purposes of this Act. 

3 SEC. 3. COORDINATION REGARDING ASSESSMENT AND AC4 QUISITION BY NATIONAL OCEANIC AND AT5 MOSPHERIC ADMINISTRATION OF UN6 MANNED MARITIME SYSTEMS. 

7 (a) ESTABLISHMENT.—The Administrator shall di8 rect the Office of Oceanic and Atmospheric Research (in 

9 this Act referred to as ‘‘OAR’’) and the Office of Marine 

10 and Aviation Operations (in this Act referred to as 

11 ‘‘OMAO’’)— 

12 (1) to coordinate the Administration’s research, 

13 assessment, and acquisition of unmanned maritime 

14 systems; and 

15 (2) to consider the use of unmanned maritime 

16 systems in cooperative activities of the Administra17 tion. 

18 (b) COORDINATION WITHIN THE ADMINISTRA19 TION.— 

20 (1) AUTHORITY TO ESTABLISH COORDINATING

21 COMMITTEE.—The Administrator shall establish a 

22 coordinating committee to ensure that OAR and 

23 OMAO address requirements throughout the Admin24 istration. 


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1 (2) INCLUDED.—In establishing a coordinating 

2 committee under paragraph (1), the Administrator 

3 shall ensure that representation in the committee is 

4 included from the following: 

5 (A) The Office of Ocean Exploration 

6 (OER). 

7 (B) The program office of the Integrated 

8 Ocean Observing System. 

9 (C) Such other offices of the Administra10 tion as the Administrator determines are ac11 tively engaged with unmanned maritime sys12 tems. 

13 (3) DESIGNATION.—A coordinating committee 

14 established under paragraph (1) shall be known as 

15 the ‘‘Unmanned Maritime Systems Ocean Tech16 nology Coordinating Committee’’. 

17 (c) COORDINATION WITH THE NAVY.— 

18 (1) IN GENERAL.—In carrying out this Act, the 

19 Administrator shall— 

20 (A) make efforts to coordinate with the 

21 Secretary of the Navy to leverage expertise in 

22 the development and operational transition of 

23 unmanned maritime systems; 

24 (B) align with, utilize, and inform the 

25 Deputy Under Secretary of Commerce for OpVerDate Sep 11 2014 01:59 Sep 05, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2511.RFH S2511

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1 erations and the Oceanographer of the Navy’s 

2 strategic and operational priorities, particularly 

3 for missions and geography within the Adminis4 tration’s purview; 

5 (C) seek to utilize Naval unmanned sys6 tems test or training ranges, such as the Gulf 

7 of Mexico Unmanned Systems Test and Train8 ing Range of the Naval Meteorology and Ocean9 ography Command, and maximize interagency 

10 cooperation and sharing of best practices; and 

11 (D) to formalize coordination, execute a 

12 memorandum of understanding with the Sec13 retary of the Navy that includes— 

14 (i) incorporating consideration of pri15 orities and requirements of the Adminis16 tration into research and development ac17 tivities conducted by the Secretary of the 

18 Navy; 

19 (ii) consultation intended to encourage 

20 and facilitate efforts by the Administration 

21 to partner with the Navy to procure un22 manned maritime systems and to establish, 

23 instrument, and operate test or training 

24 ranges and related facilities; 


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1 (iii) adopting procedures defined by 

2 the Secretary of the Navy for the Adminis3 tration to access and utilize test or train4 ing ranges or related Naval facilities for 

5 purposes identified in paragraph (2)(B); 

6 and 

7 (iv) such other topics as the Adminis8 trator considers necessary or advisable, in9 cluding mapping, bathymetry, observations, 

10 and ocean exploration. 

11 (2) LOCATION.—The Administrator shall, if 

12 practicable, carry out the activities authorized by 

13 this Act at a facility where the Navy and the Admin14 istration are co-located, for the following purposes: 

15 (A) Gaining efficiencies through collabora16 tion. 

17 (B) Advancing development of unmanned 

18 maritime systems, including— 

19 (i) systems research and development; 

20 (ii) systems testing; 

21 (iii) systems modifications; and 

22 (iv) systems integration. 

23 (C) Accelerating transition from concept to 

24 manufacturing and acquisition. 


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1 (d) COORDINATION WITH OTHER FEDERAL AGEN2 CIES.—In carrying out this Act, the Administrator and the 

3 Secretary of the Navy may utilize the National Oceano4 graphic Partnership Program, established under chapter 

5 665 of title 10, United States Code, as a mechanism for 

6 providing interagency coordination for the advancement of 

7 unmanned maritime systems. 

8 (e) COORDINATION WITH ACADEMIC SECTOR.—In 

9 carrying out this Act, the Administrator, in consultation 

10 with the Secretary of the Navy, may coordinate and co11 locate with an academic research institution, or consor12 tium of academic research institutions, for the following 

13 purposes: 

14 (1) Maximizing opportunities for research and 

15 development of unmanned maritime systems. 

16 (2) Providing training in unmanned maritime 

17 systems as part of an accredited certificate or degree 

18 program of education. 

19 (3) Facilitating the commercialization of un20 manned maritime systems through public-private 

21 partnerships that includes academic research institu22 tions, private industry, and public safety agencies. 

23 (4) Arranging access to and use of additional 

24 facilities that support testing and assessment of or 

25 training with respect to unmanned maritime systems 


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1 under environmental conditions of interest, increas2 ing operational tolerance under such conditions, cer3 tifying operational capacity under such conditions, 

4 whether real or simulated, and training operators of 

5 unmanned maritime systems in real or simulated en6 vironments. 

7 (5) Facilitating engagement with other aca8 demic institutions with interest or relevant expertise 

9 in unmanned maritime systems. 

10 (6) Promoting information sharing between the 

11 academic, environmental, and military institutions to 

12 lead to more robust, mission-oriented unmanned 

13 maritime systems. 

14 (f) ENGAGEMENT WITH THE PRIVATE SECTOR.— 

15 Other than as described in subsection (e), the Adminis16 trator, in consultation with the Secretary of the Navy, 

17 may, in carrying out this Act, to the extent practicable, 

18 coordinate and consult with the private sector— 

19 (1) to support the commercialization of un20 manned maritime systems; and 

21 (2) to assist with their assessment of commer22 cially available unmanned maritime systems to sup23 port the missions and goals of the Navy, the Admin24 istration, and cooperative activities of the Adminis25 tration. 


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1 SEC. 4. REGULAR ASSESSMENT OF UNMANNED MARITIME 

2 SYSTEMS TO SUPPORT NATIONAL OCEANIC 

3 AND ATMOSPHERIC ADMINISTRATION MIS4 SIONS. 

5 (a) IN GENERAL.—The Administrator, acting 

6 through the Assistant Administrator for Oceanic and At7 mospheric Research and the Director of the Office of Ma8 rine and Aviation Operations and the National Oceanic 

9 and Atmospheric Administration Commissioned Officer 

10 Corps, shall regularly assess publicly and commercially 

11 available unmanned maritime systems for potential use to 

12 support missions of the Administration. 

13 (b) SCIENCE-BASED ASSESSMENTS.—The Adminis14 trator shall carry out subsection (a) through the Assistant 

15 Administrator for all matters relating to assessment of the 

16 suitability, feasibility, and cost-effectiveness of unmanned 

17 maritime systems to meet data specifications required by 

18 programs of the Administration. 

19 (c) ASSESSMENT OF OPERATIONAL UTILITY.—The 

20 Administrator shall carry out subsection (a) through the 

21 Director for all matters relating to assessment of whether 

22 unmanned maritime systems are operationally reliable, 

23 feasible, and cost effective enough to make observations 

24 required by programs of the Administration. 

25 (d) ENGAGEMENT.—The Assistant Administrator 

26 and the Director shall jointly— 


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1 (1) convene and consult the Unmanned Mari2 time Systems Ocean Technology Coordinating Com3 mittee established under section 3(b); and 

4 (2) consult with the heads of other offices of 

5 the Administration, the academic sector, and devel6 opers and manufacturers of unmanned maritime sys7 tems to conduct the assessments under subsection 

8 (a). 

9 SEC. 5. ACQUISITION OF UNMANNED MARITIME SYSTEMS. 

10 (a) IN GENERAL.—The Administrator shall coordi11 nate and centralize the acquisition by the Administration 

12 of unmanned maritime systems to meet the prioritized list 

13 of data requirements identified by OAR and OMAO in car14 rying out this Act in their regular assessments and ap15 proved by the Unmanned Maritime Systems Ocean Tech16 nology Coordinating Committee established under section 

17 3(b). 

18 (b) MEMORANDA OF UNDERSTANDING.—In order to 

19 realize greater savings and efficiency, the Administrator 

20 may develop and execute a memorandum of agreement 

21 with the Secretary of the Navy to— 

22 (1) participate in procurements conducted by 

23 the signatories to the memorandum of under24 standing; 


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1 (2) accept decommissioned unmanned maritime 

2 systems from the Navy; 

3 (3) develop policies and procedures to share un4 manned maritime systems; or 

5 (4) provide for other means of creating effi6 ciency and savings in Federal acquisition of un7 manned maritime systems. 

8 (c) RULE OF CONSTRUCTION.—Nothing in this Act 

9 shall be construed to modify Federal procurement law. 

10 SEC. 6. REPORTS ON UNMANNED MARITIME SYSTEMS AND 

11 USAGE FOR MISSION OF THE NATIONAL OCE12 ANIC AND ATMOSPHERIC ADMINISTRATION. 

13 (a) IN GENERAL.—In carrying out this Act, the Ad14 ministrator shall, not later than one year after the date 

15 of the enactment of this Act, and every 4 years thereafter, 

16 submit to the appropriate committees of Congress a report 

17 on the usage of unmanned maritime systems for the mis18 sion of the Administration. 

19 (b) CONTENTS.—Each report submitted under sub20 section (a) shall include, for the period covered by the re21 port, the following: 

22 (1) An inventory of current unmanned maritime 

23 systems used by programs of the Administration, a 

24 summary of the data they have returned, and the 

25 benefits realized from having such data. 


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1 (2) A prioritized list of data requirements of 

2 the Administration that could be met with un3 manned maritime systems, and the commercially 

4 available unmanned maritime systems with the oper5 ational capabilities to collect such data. 

6 (c) APPROPRIATE COMMITTEES OF CONGRESS DE7 FINED.—In this section, the term ‘‘appropriate commit8 tees of Congress’’ means— 

9 (1) the Committee on Appropriations, the Com10 mittee on Armed Services, and the Committee on 

11 Commerce, Science, and Transportation of the Sen12 ate; and 

13 (2) the Committee on Appropriations, the Com14 mittee on Armed Services, the Committee on Nat15 ural Resources, and the Committee on Science, 

16 Space, and Technology of the House of Representa17 tives. 

18 SEC. 7. FUNDING AND ADDITIONAL AUTHORITIES. 

19 (a) FUNDING.—The Administrator shall carry out 

20 this Act using existing amounts appropriated or otherwise 

21 made available to the Administration. 

22 (b) ADDITIONAL AUTHORITIES.—In carrying out this 

23 Act, the Administrator may— 


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1 (1) enter into contracts, cooperative agree2 ments, and other transactions with any domestic or 

3 foreign government; 

4 (2) notwithstanding section 1342 of title 31, 

5 United States Code, accept donations and voluntary 

6 and uncompensated services; 

7 (3) accept funds from other Federal depart8 ments and agencies; 

9 (4) utilize the National Oceanographic Partner10 ship Program established under chapter 665 of title 

11 10, United States Code, to accept funds from other 

12 Federal departments and agencies, to accept dona13 tions, and to enter into contracts and award grants; 

14 (5) under an agreement entered into under 

15 paragraph (1), transfer funds appropriated to carry 

16 our this Act to any organization; 

17 (6) use, with their consent, with or without re18 imbursement, and subject to the availability of ap19 propriations, the land, services, equipment, per20 sonnel, and facilities of— 

21 (A) any department, agency, or instrumen22 tality of the United States; 

23 (B) any State or local government or tribal 

24 government; or 


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1 (C) any foreign government or inter2 national organization; and 

3 (7) promulgate such rules and regulations as 

4 may be necessary and appropriate. 

Passed the Senate August 23, 2018. 

Attest: JULIE E. ADAMS, 

Secretary. 


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