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 addi-
tion 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 jurisdic-
tion 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 mari-
time systems. 
Sec. 102. Regular assessment of unmanned maritime systems to support Na-
tional 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 Atmos-
pheric 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 ‘‘Administra-
tion’’ means the National Oceanic and Atmospheric 
Administration. 
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Under Secretary of Commerce for 
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Oceans and Atmosphere and Administrator of the 
National Oceanic and Atmospheric Administration. 
(3) COOPERATIVE ACTIVITIES OF THE ADMINIS-
TRATION.—The term ‘‘cooperative activities of the 
Administration’’ means cooperative activities be-
tween the Administration and an external entity, 
such as the Cooperative Institutes, Sea Grant Col-
leges, National Estuarine Research Reserves, the 
National Oceanographic Partnership Program estab-
lished 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 metadata, elec-
tronic 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, pe-
riodicity, and quality of data required by a program 
of the Administration. 
(6) PROGRAM.—The term ‘‘Program’’ means 
the program established under section 101(a). 
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(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 commer-
cial 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 com-
ponents such as control and communica-
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tions, 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 AC-
QUISITION 
OF 
UNMANNED 
MARITIME SYSTEMS 
SEC. 101. ESTABLISHMENT OF PROGRAM ON ASSESSMENT 
AND ACQUISITION BY NATIONAL OCEANIC 
AND ATMOSPHERIC ADMINISTRATION OF UN-
MANNED MARITIME SYSTEMS. 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish within the Office of Oceanic and Atmospheric Re-
search (OAR) and the Office of Marine and Aviation Oper-
ations (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 
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maritime systems in cooperative activities of the Adminis-
tration. 
(b) COORDINATION
WITHIN
THE
ADMINISTRA-
TION.— 
(1) AUTHORITY TO ESTABLISH COORDINATING 
COMMITTEE.—The Administrator shall establish a 
coordinating committee to ensure that the Program 
addresses requirements throughout the Administra-
tion. 
(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 Administra-
tion as the Administrator determines are ac-
tively engaged with unmanned maritime sys-
tems. 
(3) DESIGNATION.—A coordinating committee 
established under paragraph (1) shall be known as 
the ‘‘Unmanned Maritime Systems Ocean Tech-
nology Coordinating Committee’’. 
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(c) COORDINATION WITH THE NAVY.— 
(1) IN
GENERAL.—In carrying out the Pro-
gram, 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 Op-
erations and the Oceanographer of the Navy’s 
strategic and operational priorities, particularly 
for missions and geography within the Adminis-
tration’s purview; 
(C) seek to utilize Naval unmanned sys-
tems test or training ranges, such as the Gulf 
of Mexico Unmanned Systems Test and Train-
ing Range of the Naval Meteorology and Ocean-
ography Command, and maximize interagency 
cooperation and sharing of best practices; 
(D) to formalize coordination, execute a 
memorandum of understanding with the Sec-
retary of the Navy that includes— 
(i) incorporating consideration of pri-
orities and requirements of the Adminis-
tration into research and development ac-
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tivities 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 un-
manned 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 Adminis-
tration to access and utilize test or train-
ing ranges or related Naval facilities for 
purposes identified in paragraph (2)(B); 
and 
(iv) such other topics as the Adminis-
trator considers necessary or advisable, in-
cluding mapping, bathymetry, observations, 
and ocean exploration; and 
(E) make efforts to coordinate with the 
United States Naval Postgraduate School to 
utilize its advanced infrastructure, laboratory 
facilities, student-faculty expertise, and research 
and development programs. 
(2) LOCATION.—The Administrator shall, if 
practicable, carry out the Program at a facility 
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where the Navy and the Administration are co-lo-
cated, for the following 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 AGEN-
CIES.—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 mecha-
nism for providing interagency coordination for the ad-
vancement 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 aca-
demic research institution, or consortium of academic re-
search institutions, for the following purposes: 
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(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 un-
manned maritime systems through public-private 
partnerships that includes academic research institu-
tions, 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, increas-
ing operational tolerance under such conditions, cer-
tifying operational capacity under such conditions, 
whether real or simulated, and training operators of 
unmanned maritime systems in real or simulated en-
vironments. 
(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 institutions to 
lead to more robust, mission-oriented unmanned 
maritime systems. 
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(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 Pro-
gram, 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 commer-
cially available unmanned maritime systems to sup-
port the missions and goals of the Navy, the Admin-
istration, and cooperative activities of the Adminis-
tration. 
SEC. 102. REGULAR ASSESSMENT OF UNMANNED MARITIME 
SYSTEMS TO SUPPORT NATIONAL OCEANIC 
AND ATMOSPHERIC ADMINISTRATION MIS-
SIONS. 
(a) 
IN
GENERAL.—The 
Administrator, 
acting 
through the Assistant Administrator for Oceanic and At-
mospheric Research and the Director of the Office of Ma-
rine 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. 
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(b) SCIENCE-BASED ASSESSMENTS.—The Adminis-
trator 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 sec-
tor, and with developers and manufacturers of unmanned 
maritime systems to conduct the assessments under sub-
section (a). 
SEC. 103. ACQUISITION OF UNMANNED MARITIME SYS-
TEMS. 
(a) IN GENERAL.—The Administrator shall coordi-
nate 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 
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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 un-
manned maritime systems; or 
(4) provide for other means of creating effi-
ciency and savings in Federal acquisition of un-
manned 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 SYS-
TEMS AND EFFECTS ON MISSION OF THE NA-
TIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION. 
(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 there-
after, submit to the appropriate committees of Congress 
a report on the effects of unmanned maritime systems on 
the mission of the Administration. 
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(b) CONTENTS.—Each report submitted under sub-
section (a) shall include, for the period covered by the re-
port, 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 un-
manned maritime systems, and the estimated cost of 
acquiring such systems and data. 
(c) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate commit-
tees of Congress’’ means— 
(1) the Committee on Appropriations, the Com-
mittee on Armed Services, and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate; and 
(2) the Committee on Appropriations, the Com-
mittee on Armed Services, the Committee on Nat-
ural Resources, and the Committee on Science, 
Space, and Technology of the House of Representa-
tives. 
SEC. 105. ADDITIONAL AUTHORITIES. 
In carrying out this title, the Administrator may— 
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(1) enter into contracts, cooperative agree-
ments, 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 depart-
ments and agencies; 
(4) utilize the National Oceanographic Partner-
ship Program established under chapter 665 of title 
10, United States Code, to accept funds from other 
Federal departments and agencies, to accept dona-
tions, 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 MAR-
ITIME SYSTEMS 
SEC. 201. PUBLIC AVAILABILITY OF DATA COLLECTED BY 
NATIONAL OCEANIC AND ATMOSPHERIC AD-
MINISTRATION USING UNMANNED MARITIME 
SYSTEMS. 
(a) AVAILABLE TO THE PUBLIC.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Administrator shall make available, 
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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 avail-
ability, 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 Admin-
istrator of the National Ocean Service jointly, shall 
use existing secure infrastructure such as the Inte-
grated Ocean Observing System— 
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(A) to curate, distribute, store, and backup 
data described in subsection (a)(1); and 
(B) to facilitate joint projects under sec-
tion 203. 
(2) DISTRIBUTION.—In carrying out the pro-
gram 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-Fed-
eral 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 Admin-
istrator shall use the data centers of the National 
Environmental and Satellite Data Information Serv-
ice 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). 
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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 As-
sistant Administrator for Satellite and Information Serv-
ices 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, com-
mercial, 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 In-
tegrated 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 
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data sets of the Administration from commer-
cial applications. 
(b) APPROVAL OF SECRETARY OF THE NAVY.—Coop-
erative 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 Admin-
istrator for Satellite and Information Services and the As-
sistant 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 NA-
TIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION AND PRIVATE INDUSTRY ON UN-
MANNED MARITIME SYSTEMS. 
(a) IN GENERAL.—In carrying out the program re-
quired by section 201(b)(1), the Administrator shall de-
velop and implement a process to facilitate joint projects 
among private industry, research institutions, and other 
non-Federal entities with unmanned maritime systems ex-
pertise for the following purposes: 
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(1) Improving ocean observing capabilities to 
monitor the physical, chemical, and biological condi-
tions 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 deploy-
ment of unmanned maritime systems. 
(4) Expanding global capabilities of ocean tech-
nology. 
(5) Capitalizing on emerging technological ad-
vances. 
(b) USE OF EXISTING PARTNERSHIPS.—The Admin-
istrator 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. 
Æ 
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