[Congressional Record Volume 164, Number 194 (Monday, December 10, 2018)]
[House]
[Pages H9790-H9792]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMMERCIAL ENGAGEMENT THROUGH OCEAN TECHNOLOGY ACT OF 2018
Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and
pass the 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 2511
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 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 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) 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:
(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
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
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(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 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 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
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; and
(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Alaska (Mr. Young) and the gentleman from Arizona (Mr. Gallego) each
will control 20 minutes.
The Chair recognizes the gentleman from Alaska.
General Leave
Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks and include extraneous materials on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Alaska?
There was no objection.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume, and I rise in strong support of the legislation.
Mr. Speaker, I yield 3 minutes to the gentleman from Mississippi (Mr.
Palazzo).
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Mr. PALAZZO. Mr. Speaker, I rise today in support of S. 2511, the
Commercial Engagement Through Ocean Technology Act, as amended, also
known as CENOTE.
This bicameral, bipartisan, and bicoastal legislation advances the
National Oceanic Atmospheric Administration's use of unmanned maritime
systems by coordinating the private and academic sectors with the Navy
on evaluating unmanned maritime systems technology and their utility in
science and management.
The legislation highlights the unique role that nondefense interests
such as NOAA, academia, and the private sector play in the advancement
of unmanned systems, which can gather a wide range of ocean data with
fishery management, navigation, and economic benefits. Additionally,
sensors can be utilized for dozens of meteorological and oceanographic
readings, including acoustics, water temperature, salinity, and much
more.
The evolution of unmanned systems continues to present opportunities
to replace, enhance, and reinforce traditional tools and
infrastructure, such as moorings and manned research vessels, while
minimizing operational costs.
Demand greatly outpaces supply in the fielding of these assets.
Specifically, NOAA is charged with the difficult tasks of mapping,
observing, and exploring our oceans, which cover over 70 percent of our
Earth's surface. It is no surprise, then, that 80 percent of our ocean
is unmanned, unobserved, and unexplored. Because of the limitations of
funding and fielding, NOAA continues the slow process of mapping.
However, legislation like this can assist in the process. This
legislation would require NOAA to leverage the technical and
procurement expertise of the Navy and other partners to assess existing
capabilities and initiate acquisition strategies.
Ultimately, CENOTE is a win for defense, commerce, fisheries,
environmental monitoring, and research and disaster planning and
recovery.
Mr. Speaker, I encourage my colleagues to support this bill.
Finally, I want to thank Chairman Rob Bishop and his professional
staff, Bill Ball, for assisting my office in bringing this legislation
to the floor.
Mr. GALLEGO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 2511 directs NOAA to coordinate the use and data
collection of unmanned maritime systems, including with the Navy. In
addition, this bill directs NOAA to regularly assess how these
technologies can be used to support NOAA's missions.
Unmanned maritime systems are exciting new technologies that are
remotely operated or autonomous vehicles used to collect data for
seafloor mapping, atmospheric conditions, wave heights, water
temperature, salinity, and carbon dioxide content. They can even be
used to study marine mammals and help with fishery management.
This is an important bill that embraces 21st century technology to
address the increasing challenges and needs facing our oceans today.
Mr. Speaker, this is a good bill. I commend Senators Wicker and
Schatz and Congressmen Palazzo and Panetta for their work on this
bipartisan bill.
Mr. Speaker, I urge my colleagues to join me in supporting passage of
this bill, and I reserve the balance of my time.
Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, at this time I would like to thank Chairman Smith of the
Science, Space, and Technology Committee; Chairman Thornberry of the
Armed Services Committee; and Congressman Steven Palazzo, who
sponsored the House counterpart of this legislation, for their
cooperation in getting S. 2511 to the floor today.
Mr. Speaker, I reserve the balance of my time.
House of Representatives,
Committee on Natural Resources,
Washington, DC, December 10, 2018.
Hon. Mac Thornberry,
Chairman, Committee on Armed Services,
Washington, DC
Dear Mr. Chairman: The Majority Leader wishes to schedule
S. 2511, the Commercial Engagement Through Ocean Technology
Act of 2018, for consideration under suspension of the rules
this week. This bill was primarily referred to the Committee
on Natural Resources and additionally referred to the
Committee on Armed Services and the Committee on Science,
Space and Technology.
I ask that the Committee on Armed Services not insist on
its referral of the bill so that it may be considered on the
Floor with an amendment requested by the Committee on
Science, Space and Technology. This concession in no way
affects your jurisdiction over the subject matter of the
bill, and it will not serve as precedent for future
referrals. In addition, should a conference on the bill be
necessary, I would support your request to have your
committee represented on the conference committee. Finally, I
would be pleased to include this letter and your response in
the Congressional Record during debate on the bill.
Thank you for your consideration of my request and for the
extraordinary cooperation shown by you and your staff over
matters of shared jurisdiction.
Sincerely,
Rob Bishop,
Chairman,
Committee on Natural Resources.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, December 10, 2018.
Dear Mr. Chairman: I am writing to you concerning S. 2511,
the ``Commercial Engagement Through Ocean Technology Act of
2018.'' There are certain provisions in the bill which fall
within the Rule X jurisdiction of the Committee on Armed
Services.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important
legislation, I am willing to waive this committee's further
consideration of S. 2511. I do so with the understanding that
by waiving consideration of the bill, the Committee on Armed
Services does not waive any future jurisdictional claim over
the subject matters contained in the legislation which fall
within its Rule X jurisdiction. The committee also reserves
the right to seek appointment to any House-Senate conference
on this legislation and requests your support if such a
request is made.
Please place this letter into the Congressional Record
during consideration of the measure on the House floor. Thank
you for the cooperative spirit in which you have worked
regarding this matter and others between our respective
committees.
Sincerely,
William M. ``Mac'' Thornberry,
Chairman.
Mr. GALLEGO. Mr. Speaker, I yield back the balance of my time.
Mr. YOUNG of Alaska. Mr. Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Alaska (Mr. Young) that the House suspend the rules and
pass the bill, S. 2511, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________