I 

115TH CONGRESS 

2D SESSION H. R. 5196 

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 HOUSE OF REPRESENTATIVES 

MARCH 7, 2018 

Mr. PALAZZO (for himself and Mr. PANETTA) introduced the following bill; 

which was 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 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Commercial Engagement Through Ocean Technology 

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

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

6 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. 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. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) ADMINISTRATION.—The term ‘‘Administra10 tion’’ means the National Oceanic and Atmospheric 

11 Administration. 

12 (2) ADMINISTRATOR.—The term ‘‘Adminis13 trator’’ means the Under Secretary of Commerce for 


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1 Oceans and Atmosphere and Administrator of the 

2 National Oceanic and Atmospheric Administration. 

3 (3) COOPERATIVE ACTIVITIES OF THE ADMINIS4 TRATION.—The term ‘‘cooperative activities of the 

5 Administration’’ means cooperative activities be6 tween the Administration and an external entity, 

7 such as the Cooperative Institutes, Sea Grant Col8 leges, National Estuarine Research Reserves, the 

9 National Oceanographic Partnership Program estab10 lished under chapter 665 of title 10, United States 

11 Code, and regional associations of the Integrated 

12 Ocean Observing System. 

13 (4) CURATE THE DATA AND DATA CURATION.— 

14 The terms ‘‘curate the data’’ and ‘‘data curation’’ 

15 shall encompass the processes of conducting quality 

16 assurance and quality control measures for data, 

17 capturing associated appropriate metadata, elec18 tronic storage and back up of the data, and ensuring 

19 accessibility of the data. 

20 (5) DATA SPECIFICATIONS.—The term ‘‘data 

21 specifications’’ shall refer to the type, resolution, pe22 riodicity, and quality of data required by a program 

23 of the Administration. 

24 (6) PROGRAM.—The term ‘‘Program’’ means 

25 the program established under section 101(a). 


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1 (7) TEST OR TRAINING RANGE.— 

2 (A) IN GENERAL.—The term ‘‘test or 

3 training range’’ means an area designated for 

4 operating unmanned maritime systems and 

5 other types of systems for the purpose of— 

6 (i) evaluating the performance of such 

7 systems; or 

8 (ii) training personnel on operating 

9 procedures for such systems. 

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

11 training range’’ may include specialized fixed or 

12 portable instrumentation for the operation of 

13 unmanned maritime systems and other types of 

14 systems. 

15 (8) UNMANNED MARITIME SYSTEMS.— 

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

17 maritime systems’’ means remotely operated or 

18 autonomous vehicles produced by the commer19 cial sector— 

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

21 under the ocean surface, on land, or any 

22 combination, and that function without an 

23 on-board human presence; and 

24 (ii) that may include associated com25 ponents such as control and communicaVerDate Sep 11 2014 00:43 Mar 14, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5196.IH H5196

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1 tions, data transmission, and processing 

2 systems. 

3 (B) EXAMPLES.—The term ‘‘unmanned 

4 maritime systems’’ includes the following: 

5 (i) Unmanned undersea vehicles. 

6 (ii) Unmanned surface vehicles. 

7 (iii) Unmanned aerial vehicles. 

8 (iv) Autonomous underwater vehicles. 

9 (v) Autonomous surface vehicles. 

10 (vi) Autonomous aerial vehicles. 

11 TITLE I—ASSESSMENT AND AC12 QUISITION OF UNMANNED 

13 MARITIME SYSTEMS 

14 SEC. 101. ESTABLISHMENT OF PROGRAM ON ASSESSMENT 

15 AND ACQUISITION BY NATIONAL OCEANIC 

16 AND ATMOSPHERIC ADMINISTRATION OF UN17 MANNED MARITIME SYSTEMS. 

18 (a) ESTABLISHMENT.—The Administrator shall es19 tablish within the Office of Oceanic and Atmospheric Re20 search (OAR) and the Office of Marine and Aviation Oper21 ations (OMAO) a joint program office to coordinate the 

22 Administration’s research, assessment, and acquisition of 

23 unmanned maritime systems. The program established 

24 under this section shall also consider the use of unmanned 


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1 maritime systems in cooperative activities of the Adminis2 tration. 

3 (b) COORDINATION WITHIN THE ADMINISTRA4 TION.— 

5 (1) AUTHORITY TO ESTABLISH COORDINATING

6 COMMITTEE.—The Administrator shall establish a 

7 coordinating committee to ensure that the Program 

8 addresses requirements throughout the Administra9 tion. 

10 (2) INCLUDED.—In establishing a coordinating 

11 committee under paragraph (1), the Administrator 

12 shall ensure that representation in the committee is 

13 included from the following: 

14 (A) The Office of Ocean Exploration 

15 (OER). 

16 (B) The program office of the Integrated 

17 Ocean Observing System. 

18 (C) Such other offices of the Administra19 tion as the Administrator determines are ac20 tively engaged with unmanned maritime sys21 tems. 

22 (3) DESIGNATION.—A coordinating committee 

23 established under paragraph (1) shall be known as 

24 the ‘‘Unmanned Maritime Systems Ocean Tech25 nology Coordinating Committee’’. 


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1 (c) COORDINATION WITH THE NAVY.— 

2 (1) IN GENERAL.—In carrying out the Pro3 gram, the Administrator shall— 

4 (A) make efforts to coordinate with the 

5 Secretary of the Navy to leverage expertise in 

6 the development and operational transition of 

7 unmanned maritime systems; 

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

9 Deputy Under Secretary of Commerce for Op10 erations and the Oceanographer of the Navy’s 

11 strategic and operational priorities, particularly 

12 for missions and geography within the Adminis13 tration’s purview; 

14 (C) seek to utilize Naval unmanned sys15 tems test or training ranges, such as the Gulf 

16 of Mexico Unmanned Systems Test and Train17 ing Range of the Naval Meteorology and Ocean18 ography Command, and maximize interagency 

19 cooperation and sharing of best practices; 

20 (D) to formalize coordination, execute a 

21 memorandum of understanding with the Sec22 retary of the Navy that includes— 

23 (i) incorporating consideration of pri24 orities and requirements of the Adminis25 tration into research and development acVerDate Sep 11 2014 00:43 Mar 14, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5196.IH H5196

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1 tivities conducted by the Secretary of the 

2 Navy; 

3 (ii) consultation intended to encourage 

4 and facilitate efforts by the Administration 

5 to partner with the Navy to procure un6 manned maritime systems and to establish, 

7 instrument, and operate test or training 

8 ranges and related facilities; 

9 (iii) adopting procedures defined by 

10 the Secretary of the Navy for the Adminis11 tration to access and utilize test or train12 ing ranges or related Naval facilities for 

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

14 and 

15 (iv) such other topics as the Adminis16 trator considers necessary or advisable, in17 cluding mapping, bathymetry, observations, 

18 and ocean exploration; and 

19 (E) make efforts to coordinate with the 

20 United States Naval Postgraduate School to 

21 utilize its advanced infrastructure, laboratory 

22 facilities, student-faculty expertise, and research 

23 and development programs. 

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

25 practicable, carry out the Program at a facility 


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1 where the Navy and the Administration are co-lo2 cated, for the following purposes: 

3 (A) Gaining efficiencies through collabora4 tion. 

5 (B) Advancing development of unmanned 

6 maritime systems, including— 

7 (i) systems research and development; 

8 (ii) systems testing; 

9 (iii) systems modifications; and 

10 (iv) systems integration. 

11 (C) Accelerating transition from concept to 

12 manufacturing and acquisition. 

13 (d) COORDINATION WITH OTHER FEDERAL AGEN14 CIES.—In carrying out the Program, the Administrator 

15 and the Secretary of the Navy may utilize the National 

16 Oceanographic Partnership Program, established under 

17 chapter 665 of title 10, United States Code, as a mecha18 nism for providing interagency coordination for the ad19 vancement of unmanned maritime systems. 

20 (e) COORDINATION WITH ACADEMIC SECTOR.—In 

21 carrying out the Program, to the extent approved by the 

22 Secretary of the Navy, the Administrator or the Secretary 

23 of the Navy may coordinate and co-locate with an aca24 demic research institution, or consortium of academic re25 search institutions, for the following purposes: 


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1 (1) Maximizing opportunities for research and 

2 development of unmanned maritime systems. 

3 (2) Providing training in unmanned maritime 

4 systems as part of an accredited certificate or degree 

5 program of education. 

6 (3) Facilitating the commercialization of un7 manned maritime systems through public-private 

8 partnerships that includes academic research institu9 tions, private industry, and public safety agencies. 

10 (4) Arranging access to and use of additional 

11 facilities that support testing and assessment of or 

12 training with respect to unmanned maritime systems 

13 under environmental conditions of interest, increas14 ing operational tolerance under such conditions, cer15 tifying operational capacity under such conditions, 

16 whether real or simulated, and training operators of 

17 unmanned maritime systems in real or simulated en18 vironments. 

19 (5) Facilitating engagement with other aca20 demic institutions with interest or relevant expertise 

21 in unmanned maritime systems. 

22 (6) Promoting information sharing between the 

23 academic, environmental, and military institutions to 

24 lead to more robust, mission-oriented unmanned 

25 maritime systems. 


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1 (f) ENGAGEMENT WITH THE PRIVATE SECTOR.— 

2 Other than as described in subsection (e) and to the extent 

3 approved by the Secretary of the Navy, the Administrator 

4 or the Secretary of the Navy may, in carrying out the Pro5 gram, to the extent practicable, coordinate and consult 

6 with the private sector— 

7 (1) to support the commercialization of un8 manned maritime systems; and 

9 (2) to assist with their assessment of commer10 cially available unmanned maritime systems to sup11 port the missions and goals of the Navy, the Admin12 istration, and cooperative activities of the Adminis13 tration. 

14 SEC. 102. REGULAR ASSESSMENT OF UNMANNED MARITIME 

15 SYSTEMS TO SUPPORT NATIONAL OCEANIC 

16 AND ATMOSPHERIC ADMINISTRATION MIS17 SIONS. 

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

19 through the Assistant Administrator for Oceanic and At20 mospheric Research and the Director of the Office of Ma21 rine and Aviation Operations and the National Oceanic 

22 and Atmospheric Administration Commissioned Officer 

23 Corps, shall regularly assess publicly and commercially 

24 available unmanned maritime systems for potential use to 

25 support missions of the Administration. 


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1 (b) SCIENCE-BASED ASSESSMENTS.—The Adminis2 trator shall carry out subsection (a) through the Assistant 

3 Administrator for all matters relating to assessment of the 

4 suitability of unmanned maritime systems to meet data 

5 specifications required by programs of the Administration. 

6 (c) ASSESSMENT OF OPERATIONAL UTILITY.—The 

7 Administrator shall carry out subsection (a) through the 

8 Director for all matters relating to assessment of whether 

9 unmanned maritime systems are operationally reliable 

10 enough to make in situ observations required by programs 

11 of the Administration. 

12 (d) ENGAGEMENT.—The Assistant Administrator 

13 and the Director shall jointly consult with the heads of 

14 other offices of the Administration, with the academic sec15 tor, and with developers and manufacturers of unmanned 

16 maritime systems to conduct the assessments under sub17 section (a). 

18 SEC. 103. ACQUISITION OF UNMANNED MARITIME SYS19 TEMS. 

20 (a) IN GENERAL.—The Administrator shall coordi21 nate and centralize the acquisition by the Administration 

22 of unmanned maritime systems to meet the prioritized list 

23 of data requirements identified under section 104(b)(2). 

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

25 realize greater savings and efficiency, the Administrator 


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1 may develop and execute a memorandum of agreement 

2 with the Secretary of the Navy to— 

3 (1) participate in procurements conducted by 

4 that Office; 

5 (2) accept decommissioned unmanned maritime 

6 systems from that Office; 

7 (3) develop policies and procedures to share un8 manned maritime systems; or 

9 (4) provide for other means of creating effi10 ciency and savings in Federal acquisition of un11 manned maritime systems. 

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

13 shall be construed to modify Federal procurement law. 

14 SEC. 104. ANNUAL REPORT ON UNMANNED MARITIME SYS15 TEMS AND EFFECTS ON MISSION OF THE NA16 TIONAL OCEANIC AND ATMOSPHERIC ADMIN17 ISTRATION. 

18 (a) IN GENERAL.—In carrying out the Program, the 

19 Administrator shall, not later than one year after the date 

20 of the enactment of this Act, and every four years there21 after, submit to the appropriate committees of Congress 

22 a report on the effects of unmanned maritime systems on 

23 the mission of the Administration. 


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1 (b) CONTENTS.—Each report submitted under sub2 section (a) shall include, for the period covered by the re3 port, the following: 

4 (1) An inventory of current unmanned maritime 

5 systems used by programs of the Administration, a 

6 summary of the data they have returned, and the 

7 benefits realized from having such data. 

8 (2) A prioritized list of data requirements of 

9 the Administration that could be met with un10 manned maritime systems, and the estimated cost of 

11 acquiring such systems and data. 

12 (c) APPROPRIATE COMMITTEES OF CONGRESS DE13 FINED.—In this section, the term ‘‘appropriate commit14 tees of Congress’’ means— 

15 (1) the Committee on Appropriations, the Com16 mittee on Armed Services, and the Committee on 

17 Commerce, Science, and Transportation of the Sen18 ate; and 

19 (2) the Committee on Appropriations, the Com20 mittee on Armed Services, the Committee on Nat21 ural Resources, and the Committee on Science, 

22 Space, and Technology of the House of Representa23 tives. 

24 SEC. 105. ADDITIONAL AUTHORITIES. 

25 In carrying out this title, the Administrator may— 


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1 (1) enter into contracts, cooperative agree2 ments, and other transactions; 

3 (2) notwithstanding section 1342 of title 31, 

4 United States Code, accept donations and voluntary 

5 and uncompensated services; 

6 (3) accept funds from other Federal depart7 ments and agencies; 

8 (4) utilize the National Oceanographic Partner9 ship Program established under chapter 665 of title 

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

11 Federal departments and agencies, to accept dona12 tions, and to enter into contracts and award grants; 

13 and 

14 (5) promulgate such rules and regulations as 

15 may be necessary and appropriate. 

16 TITLE II—AVAILABILITY OF 

17 DATA FROM UNMANNED MAR18 ITIME SYSTEMS 

19 SEC. 201. PUBLIC AVAILABILITY OF DATA COLLECTED BY 

20 NATIONAL OCEANIC AND ATMOSPHERIC AD21 MINISTRATION USING UNMANNED MARITIME 

22 SYSTEMS. 

23 (a) AVAILABLE TO THE PUBLIC.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), the Administrator shall make available, 


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1 free of charge, to the public all data collected by the 

2 Administrator with the use of unmanned maritime 

3 systems. 

4 (2) EXCEPTION.—The Administrator shall not 

5 make data described in paragraph (1) available as 

6 described in such paragraph if— 

7 (A) the Secretary of the Navy determines 

8 that the data is subject to a restriction on avail9 ability, in whole or in part and on a term or 

10 permanent basis, relating to national security; 

11 or 

12 (B) the Administrator, in consultation with 

13 the Secretary of the Navy, determines the data 

14 is subject to a restriction on availability due to 

15 the need for protection of intellectual property 

16 or for pre-publication academic use. 

17 (b) PROGRAM OF CURATION AND DISTRIBUTION OF

18 DATA.— 

19 (1) AVAILABILITY.—The Administrator, acting 

20 through the Assistant Administrator for Satellite 

21 and Information Services and the Assistant Admin22 istrator of the National Ocean Service jointly, shall 

23 use existing secure infrastructure such as the Inte24 grated Ocean Observing System— 


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1 (A) to curate, distribute, store, and backup 

2 data described in subsection (a)(1); and 

3 (B) to facilitate joint projects under sec4 tion 203. 

5 (2) DISTRIBUTION.—In carrying out the pro6 gram required by paragraph (1), the Administrator 

7 shall use efforts that were in effect on the day before 

8 the date of the enactment of this Act, such as the 

9 data management framework of the Integrated 

10 Ocean Observing System for Federal and non-Fed11 eral partnerships, to make data made available 

12 under subsection (a)(1) easily accessible to a wide 

13 range of users and stakeholders. 

14 (3) STORAGE AND BACKUP.—In carrying out 

15 the program required by paragraph (1), the Admin16 istrator shall use the data centers of the National 

17 Environmental and Satellite Data Information Serv18 ice and the data assembly centers of the National 

19 Ocean Service that were in effect on the day before 

20 the date of the enactment of this Act to store and 

21 backup the data described in subsection (a)(1). 


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1 SEC. 202. PUBLIC ENGAGEMENT ON MATTERS RELATING 

2 TO DATA COLLECTED BY NATIONAL OCEANIC 

3 AND ATMOSPHERIC ADMINISTRATION USING 

4 UNMANNED MARITIME SYSTEMS. 

5 (a) IN GENERAL.—Subject to subsection (b), the As6 sistant Administrator for Satellite and Information Serv7 ices and the Assistant Administrator of the National 

8 Ocean Service shall jointly engage in cooperative activities 

9 of the Administration and with other interested users or 

10 potential users, including users from the academic, com11 mercial, government, and not-for-profit sectors, as well as 

12 the general public to ensure that— 

13 (1) data are made available under section 201 

14 in formats that are— 

15 (A) useful; and 

16 (B) to the extent practicable, consistent 

17 and interoperable with data collected by the In18 tegrated Ocean Observing System; 

19 (2) users and potential users of data made 

20 available under section 201 are aware of the range 

21 of data available under such section; and 

22 (3) the Administration— 

23 (A) develops a better understanding of 

24 data needs from users and potential users; and 

25 (B) anticipates future data infrastructure 

26 needs to meet growing demands for access to 


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1 data sets of the Administration from commer2 cial applications. 

3 (b) APPROVAL OF SECRETARY OF THE NAVY.—Coop4 erative activities may be carried out under subsection (a) 

5 only to the extent that the Secretary of the Navy approves 

6 data made available under section 201 for release to the 

7 public after the Secretary determines there are no national 

8 security implications relating to that data. 

9 (c) TECHNICAL ASSISTANCE.—The Assistant Admin10 istrator for Satellite and Information Services and the As11 sistant Administrator of the National Ocean Service shall 

12 jointly provide technical assistance to users or potential 

13 users on accessing the data provided under section 201. 

14 SEC. 203. FACILITATING JOINT PROJECTS BETWEEN NA15 TIONAL OCEANIC AND ATMOSPHERIC ADMIN16 ISTRATION AND PRIVATE INDUSTRY ON UN17 MANNED MARITIME SYSTEMS. 

18 (a) IN GENERAL.—In carrying out the program re19 quired by section 201(b)(1), the Administrator shall de20 velop and implement a process to facilitate joint projects 

21 among private industry, research institutions, and other 

22 non-Federal entities with unmanned maritime systems ex23 pertise for the following purposes: 


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1 (1) Improving ocean observing capabilities to 

2 monitor the physical, chemical, and biological condi3 tions of the ocean. 

4 (2) Increasing cost effectiveness of developing 

5 technologies relating to unmanned maritime systems. 

6 (3) Seeking efficiencies in data collection and 

7 management through in the development and deploy8 ment of unmanned maritime systems. 

9 (4) Expanding global capabilities of ocean tech10 nology. 

11 (5) Capitalizing on emerging technological ad12 vances. 

13 (b) USE OF EXISTING PARTNERSHIPS.—The Admin14 istrator may consider using partnerships in existence on 

15 the day before the date of the enactment of this Act, such 

16 as such partnerships established through the National 

17 Oceanographic Partnership Program, for carrying out this 

18 section. 

Æ 


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