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
PL 115-394 (S.2511), enacted 12/21/2018

132 STAT. 5281 
PUBLIC LAW 115–394—DEC. 21, 2018 
Public Law 115–394 
115th Congress 
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 Na-
tional 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.— 
33 USC 4101. 
33 USC 4101 
note. 
Commercial 
Engagement 
Through Ocean 
Technology Act 
of 2018. 
Dec. 21, 2018 
[S. 2511] 
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132 STAT. 5282 
PUBLIC LAW 115–394—DEC. 21, 2018 
(A) IN GENERAL.—The term ‘‘test or training range’’ 
means an area designated for operating unmanned mari-
time 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 sys-
tems’’ 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 sys-
tems’’ 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 ADMINISTRA-
TION 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: 
33 USC 4102. 
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132 STAT. 5283 
PUBLIC LAW 115–394—DEC. 21, 2018 
(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 Adminis-
trator 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 Oceanog-
rapher 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 facili-
tate 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 con-
siders 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 sys-
tems, including— 
(i) systems research and development; 
(ii) systems testing; 
(iii) systems modifications; and 
(iv) systems integration. 
(C) Accelerating transition from concept to manufac-
turing and acquisition. 
(d) COORDINATION WITH OTHER FEDERAL AGENCIES.—In car-
rying out this Act, the Administrator and the Secretary of the 
Navy may utilize the National Oceanographic Partnership Program, 
Procedures. 
Consultation. 
Memorandum. 
Determination. 
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132 STAT. 5284 
PUBLIC LAW 115–394—DEC. 21, 2018 
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 institu-
tions, 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 mari-
time 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 condi-
tions, 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 institu-
tions 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 Assist-
ant 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 
33 USC 4103. 
Consultations. 
Consultation. 
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132 STAT. 5285 
PUBLIC LAW 115–394—DEC. 21, 2018 
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 Administra-
tion, 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 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 Act in their regular assess-
ments 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 signato-
ries 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 con-
strued 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 mari-
time 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 Adminis-
tration 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 
Lists. 
Inventory. 
Summary. 
33 USC 4105. 
Policies. 
Procedures. 
33 USC 4104. 
Consultations. 
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132 STAT. 5286 
PUBLIC LAW 115–394—DEC. 21, 2018 
LEGISLATIVE HISTORY—S. 2511: 
SENATE REPORTS: No. 115–291 (Comm. on Commerce, Science, and Transpor-
tation). 
CONGRESSIONAL RECORD, Vol. 164 (2018): 
Aug. 23, considered and passed Senate. 
Dec. 10, considered and passed House, amended. 
Dec. 17, Senate concurred in House amendment. 
(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 serv-
ices; 
(3) accept funds from other Federal departments and agen-
cies; 
(4) utilize the National Oceanographic Partnership Pro-
gram 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, serv-
ices, 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 organiza-
tion. 
Approved December 21, 2018. 
Contracts. 
Grants. 
Contracts. 
33 USC 4106. 
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