[Congressional Record Volume 164, Number 141 (Thursday, August 23, 2018)]
[Senate]
[Pages S5937-S5938]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           CENOTE ACT OF 2018

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 504, S. 2511, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     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.--
       (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 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 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) Authority to establish coordinating committee.--The 
     Administrator shall establish a coordinating committee to 
     ensure that OAR and OMAO address requirements throughout the 
     Administration.
       (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 Administration as the 
     Administrator determines are actively engaged with unmanned 
     maritime systems.
       (3) Designation.--A coordinating committee established 
     under paragraph (1) shall be known as the ``Unmanned Maritime 
     Systems Ocean Technology Coordinating Committee''.
       (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

[[Page S5938]]

     Program, 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 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 Unmanned 
     Maritime Systems Ocean Technology Coordinating Committee 
     established under section 3(b).
       (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
       (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;
       (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; 
     and
       (7) promulgate such rules and regulations as may be 
     necessary and appropriate.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 2511) 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.

  There being no objection, the Senate proceeded to the bill.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be agreed to, that the bill, as 
amended, be considered read a third time and passed, and that the 
motion to reconsider be considered made and laid upon the table.
  The committee-reported substitute amendment was agreed to.
  The bill (S. 2511), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________