Senate Report 115-291 - COMMERCIAL ENGAGEMENT THROUGH OCEAN TECHNOLOGY ACT OF 2018

[Senate Report 115-291]
[From the U.S. Government Publishing Office]

Calendar No. 504
115th Congress } { Report
SENATE
2d Session } { 115-291
_______________________________________________________________________

COMMERCIAL ENGAGEMENT THROUGH
OCEAN TECHNOLOGY ACT OF 2018

__________

R E P O R T

of the

COMMITTEE ON COMMERCE, SCIENCE, AND
TRANSPORTATION

S. 2511

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

July 9, 2018.--Ordered to be printed

____________

U.S. GOVERNMENT PUBLISHING OFFICE

79-010 WASHINGTON : 2018

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
second session

JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma GARY C. PETERS, Michigan
MIKE LEE, Utah TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia MARGARETWOODHASSAN,NewHampshire
CORY GARDNER, Colorado CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana JON TESTER, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director

Calendar No. 504
115th Congress } { Report
SENATE
2d Session } { 115-291
======================================================================

COMMERCIAL ENGAGEMENT THROUGH OCEAN TECHNOLOGY ACT OF 2018

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July 9, 2018.--Ordered to be printed

_______

Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following

R E P O R T

[To accompany S. 2511]

[Including cost estimate of the Congressional Budget Office]

The Committee on Commerce, Science, and Transportation, to
which was referred 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, having considered the same, reports favorably
thereon with an amendment (in the nature of a substitute) and
recommends that the bill (as amended) do pass.

Purpose of the Bill

The purpose of this legislation is to direct the National
Oceanic and Atmospheric Administration (NOAA) to coordinate
with the private and academic sectors and the Navy on
evaluating the at-sea data collection capabilities of unmanned
maritime system technology and to integrate such technology
into NOAA's observation suite.

Background and Needs

Unmanned maritime systems are remotely operated or
autonomous vehicles that operate on or below the water's
surface and can be outfitted with a variety of sensors to
collect sea floor mapping, oceanographic, meteorological,
acoustic, and visual data used to support at-sea research and
operations applications. Autonomous systems are capable of
executing pre-programmed missions without operator interaction,
and are operated on a continuum from attended to fully
autonomous. Autonomous Underwater Vehicles (AUVs) refer to
unmanned, untethered systems capable of both autonomous
submerged or autonomous surface operations. Unmanned Surface
Vehicles (USVs) refer to untethered, self-propelled surface
craft ranging in size from small, portable systems to boat-size
vessels that are capable of autonomous, semi-autonomous, or
remote-controlled operations.\1\
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\1\NOAA Office of Coast Survey, April 2017, ``Executive Summary of
Autonomous Systems Strategy'' (https://www.iho.int/mtg_docs/rhc/ArHC/
ARHC7/Executive-Summary-OCS0-
Autonomous-Systems-Roadmap%20%282%29.pdf).
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An AUV carries power onboard, enabling propellers or
thrusters to move the vessel through the water and for sensor
operation. Most AUVs use specialized batteries, although some
AUVs have used fuel cells or rechargeable solar power. Some
AUVs, such as gliders, minimize energy demands by allowing
gravity and buoyancy to propel them.\2\ And some USVs may be
wind-powered,\3\ allowing them to operate for long periods of
time and travel long distances without maintenance from ship-
based operators. Some unmanned systems are designed to be
deployed and recovered from a pier; while many others are
deployed and recovered from manned vessels at sea, and may
serve as force multipliers for ship-based operations.
---------------------------------------------------------------------------
\2\National Oceanic and Atmospheric Administration, ``What Are
AUVs, and Why Do We Use Them?'' (https://oceanexplorer.noaa.gov/
explorations/08auvfest/background/auvs/auvs.html) (accessed April 9,
2018).
\3\NOAA Arctic Program, ``Arctic Saildrone'' (https://
www.arctic.noaa.gov/Arctic-News/ArtMID/5556/ArticleID/388/Arctic-
Saildrone) (accessed April 9, 2018).
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Unmanned systems present opportunities to replace, enhance,
and augment traditional in-situ marine environmental
observation systems, such as moorings, manned vessels, and
manned aircraft, while minimizing operational costs. Limited
only by demand and innovation, unmanned systems can be
outfitted with sensors that collect environmental data relevant
to NOAA's research and operational missions. These may include
the following:
Atmospheric and meteorological conditions, such as
air temperature, pressure, and wind.
Oceanographic conditions, such as wave height, water
temperature, salinity, and carbon dioxide content.
Passive acoustic sensors that detect ocean sound and
marine mammal presence.
Active acoustic sensors that can detect fish biomass
for fisheries management and bathymetry to map navigable
waterways and deeper seabeds.
NOAA currently has unmet demand for environmental data.
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.

Summary of Provisions

If enacted, S. 2511, the Commercial Engagement through
Ocean Technology Act of 2018, would do the following:
Direct NOAA's Office of Oceanic and Atmospheric
Research (OAR) and Office of Marine and Aviation Operations
(OMAO) to coordinate acquisition and assessment of unmanned
maritime systems, to regularly assess how unmanned technologies
can support NOAA's mission and data needs, and to establish a
committee to coordinate cross-agency requirements.
Authorize partnership with the Navy, other Federal
agencies, the academic sector, and private industry on unmanned
maritime technology to leverage existing technical expertise
and acquisition capacity.
Require the NOAA Administrator to submit a report to
Congress not later than 1 year after the DOE, and every 4 years
thereafter, on the usage of unmanned maritime systems.

Legislative History

S. 2511 was introduced by Senator Wicker (for himself and
Senator Schatz) on March 7, 2018. On April 25, 2018, the
Committee met in open Executive Session and, by voice vote,
ordered the bill reported favorably with an amendment in the
nature of a substitute.
Representative Palazzo of Mississippi and Representative
Panetta of California introduced a companion to S. 2511, H.R.
5196, (the CENOTE Act of 2018), on March 7, 2018, which was
referred to the Armed Services Committee, the Science, Space,
and Technology Committee, and the Natural Resources Committee
of the House of Representatives.

Estimated Costs

In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:

S. 2511--CENOTE Act of 2018

Summary: S. 2511 generally would codify current practices
of the National Oceanic and Atmospheric Administration (NOAA)
related to the acquisition of unmanned vehicles, known as
drones, for oceanic research. Other sections of the bill would
require NOAA to regularly assess publicly and commercially
available unmanned vehicles and centralize the agency's
acquisition of such vehicles.
Using information from NOAA, CBO estimates that
implementing S. 2511 would cost $5 million over the 2019-2023
period, subject to the availability of appropriated funds. Such
spending would be for additional employees to research the
purchase of new unmanned vehicles.
Enacting the bill could affect direct spending; therefore,
pay-as-you-go procedures apply. However, CBO estimates that the
net effect on direct spending would be negligible. Enacting S.
2511 would not affect revenues.
CBO estimates that enacting S. 2511 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
S. 2511 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 2511 is shown in the following table.
The costs of the legislation fall within budget function 300
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------
2018 2019 2020 2021 2022 2023 2019-2023
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level........................ 0 1 1 1 1 1 5
Estimated Outlays.................................... 0 1 1 1 1 1 5
----------------------------------------------------------------------------------------------------------------

Basis of estimate: For this estimate, CBO assumes that S.
2511 will be enacted near the end of fiscal year 2018 and that
the necessary amounts will be appropriated for each fiscal year
beginning in 2019.
S. 2511 would direct NOAA to implement a program to
coordinate the assessment and acquisition of vehicles for
oceanic research. NOAA currently uses such vehicles; therefore,
much of S. 2511 would codify current NOAA practices. The bill
also would establish a new requirement that the agency
consolidate the research and acquisition of all unmanned
vehicles within one office. That office would assess the costs
and benefits of publicly and commercially available vehicles
and coordinate their acquisition. Finally, NOAA would be
directed to create a prioritized list of projects requiring
unmanned vehicles to help it develop an acquisition schedule.
Using information from NOAA, CBO estimates that the agency
would need seven employees--three with highly specialized
computer engineering skills--to evaluate and procure more and
increasingly complex unmanned vehicles for NOAA's use in future
years. CBO estimates that salaries and benefits of $100,000 to
$200,000 per person per year for those employees would total
about $5 million over the 2019-2023 period.
CBO does not expect that changes in the research and
acquisition process of unmanned vehicles would alter the future
need for acquiring such vehicles. According to NOAA, the agency
currently owns or jointly manages 138 unmanned vehicles and
they anticipate purchasing four additional unmanned vehicles in
2019.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. Enacting S. 2511 could affect direct spending by
allowing NOAA to accept donations of money from private
individuals and foreign governments for the purposes outlined
in S. 2511; therefore, pay-as-you-go procedures apply. However,
CBO estimates that the bill's net effect on direct spending
would be negligible because any new collections would probably
be spent soon thereafter. Enacting the bill would not affect
revenues.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 2511 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: S. 2511 contains no intergovernmental or private-
sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Robert Reese;
Mandates: Zach Byrum.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.

Regulatory Impact Statement

In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:

NUMBER OF PERSONS COVERED

S. 2511, as reported, would not create any new programs or
impose any new regulatory requirements, and therefore will not
subject any individual or business to new regulations.

ECONOMIC IMPACT

Enactment of this legislation is not expected to have any
significant adverse impacts on the Nation's economy.

PRIVACY

The reported bill is not expected to impact the personal
privacy of individuals.

PAPERWORK

This Act requires the NOAA Administrator to submit, not
later than 1 year after the date of enactment of this Act, and
every 4 years thereafter, a report to the appropriate
committees of Congress on the usage of unmanned maritime
systems, including an inventory of systems used by NOAA, the
value of their associated data, and a list of data requirements
that NOAA could meet with unmanned systems.

Congressionally Directed Spending

In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.

Section-by-Section Analysis

Section 1. Short title; table of contents.

This section would provide that the bill may be cited as
the ``Commercial Engagement through Ocean Technology Act of
2018'' or the ``CENOTE Act of 2018'', and includes a table of
contents.

Section 2. Definitions.

This section would provide technical definitions for the
purposes of this Act, notably ``unmanned maritime systems,''
which would be defined as remotely operated or autonomous
vehicles produced by the commercial sector 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 that may include associated components, such as
control and communications, instrumentation, data transmission,
and processing systems.

Section 3. Coordination regarding assessment and acquisition by
National Oceanic and Atmospheric Administration of unmanned
maritime systems.

This section would direct the NOAA Administrator to
coordinate the procurement and assessment of unmanned vehicle
technologies through OAR and OMAO, including authority to
establish a coordinating committee with NOAA's Office of Ocean
Exploration, the program office of the Integrated Ocean
Observing System, and other offices engaged with unmanned
maritime systems. This section would also require coordination
with the Secretary of the Navy to leverage expertise in the
development and operational transition of unmanned maritime
systems. This section would authorize coordination with other
Federal agencies, the academic sector, and private sector to
maximize research opportunities and to support
commercialization.

Section 4. Regular assessment of unmanned maritime systems to support
National Oceanic and Atmospheric Administration missions.

This section would require the NOAA Administrator, through
OAR and OMAO, and in consultation with the academic and private
sectors, to conduct regular science-based assessments of
available systems' abilities to meet data specifications and
the operational utility of making at-sea observations.

Section 5. Acquisition of unmanned maritime systems.

This section would direct the NOAA Administrator to
coordinate acquisition of unmanned maritime systems and would
authorize NOAA to enter into a memorandum of agreement with the
Navy to realize greater savings and efficiency.

Section 6. Reports on unmanned maritime systems and usage for mission
of the National Oceanic and Atmospheric Administration.

This section would require a report not later than 1 year
after the date of enactment to Congress, and then every 4
years, documenting the current inventory of unmanned vehicles
used by NOAA and a summary of the data they have returned, the
benefits of having that data, and a prioritized list of NOAA
data requirements that could be met with unmanned maritime
systems.

Section 7. Funding and additional authorities.

This section would direct the NOAA Administrator to carry
out this Act using existing funding. This section would
authorize the NOAA Administrator to enter into contracts and
cooperative agreements, to accept funds and uncompensated
services, and to promulgate rules and regulations.

Changes in Existing Law

In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.

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