[House Report 110-202]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-202

======================================================================
 
      MARINE RENEWABLE ENERGY RESEARCH AND DEVELOPMENT ACT OF 2007

                                _______
                                

 June 21, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Gordon of Tennessee, from the Committee on Science and Technology, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2313]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Science and Technology, to whom was referred 
the bill (H.R. 2313) to establish research, development, 
demonstration, and commercial application programs for marine 
renewable energy technologies, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill.............................................3
 III. Background and Need for the Legislation.........................4
  IV. Hearing Summary.................................................5
   V. Committee Actions...............................................5
  VI. Summary of Major Provisions of the Bill, as Reported............6
 VII. Section-by-Section Analysis (by Title and Section), as Reported.7
VIII. Cost Estimate...................................................9
  IX. Congressional Budget Office Cost Estimate.......................9
   X. Compliance with Public Law 104-4...............................11
  XI. Committee Oversight Findings and Recommendations...............11
 XII. Statement on General Performance Goals and Objectives..........11
XIII. Constitutional Authority Statement.............................11
 XIV. Federal Advisory Committee Statement...........................11
  XV. Congressional Accountability Act...............................11
 XVI. Earmark Identification.........................................11
XVII. Statement on Preemption of State, Local, or Tribal Law.........11
XVIII.Changes in Existing Law Made by the Bill, as Reported..........11

 XIX. Committee Recommendations......................................11
  XX. Proceedings of the Subcommittee Markup.........................13
 XXI. Proceedings of the Full Committee Markup.......................13

                              I. AMENDMENT

      The amendment is as follows:
      Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Marine Renewable Energy Research and 
Development Act of 2007''.

SEC. 2. FINDINGS.

  The Congress finds the following:
          (1) The United States has a critical national interest in 
        developing clean, domestic, renewable sources of energy in 
        order to reduce environmental impacts of energy production, 
        increase national security, improve public health, and bolster 
        economic stability.
          (2) Marine renewable energy technologies are a nonemitting 
        source of power production.
          (3) Marine renewable energy may serve as an alternative to 
        fossil fuels and create thousands of new jobs within the United 
        States.
          (4) Europe has already successfully delivered electricity to 
        the grid through the deployment of wave and tidal energy 
        devices off the coast of Scotland.
          (5) Recent studies from the Electric Power Research 
        Institute, in conjunction with the Department of Energy's 
        National Renewable Energy Laboratory, have identified an 
        abundance of viable sites within the United States with ample 
        wave and tidal resources to be harnessed by marine power 
        technologies.
          (6) Sustained and expanded research, development, 
        demonstration, and commercial application programs are needed 
        to locate and characterize marine renewable energy resources, 
        and to develop the technologies that will enable their 
        widespread commercial development.
          (7) Federal support is critical to reduce the financial risk 
        associated with developing new marine renewable energy 
        technologies, thereby encouraging the private sector investment 
        necessary to make marine renewable energy resources 
        commercially viable as a source of electric power and for other 
        applications.

SEC. 3. DEFINITIONS.

  For purposes of this Act--
          (1) Marine renewable energy.--The term ``Marine Renewable 
        Energy'' means energy derived from one or more of the following 
        sources:
                  (A) Waves.
                  (B) Tidal flows.
                  (C) Ocean currents.
                  (D) Ocean thermal energy conversion.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        Energy.

SEC. 4. MARINE RENEWABLE ENERGY RESEARCH AND DEVELOPMENT.

  (a) In General.--The Secretary, in conjunction with other appropriate 
agencies, shall support programs of research, development, 
demonstration, and commercial application to expand marine renewable 
energy production, including programs to--
          (1) study and compare existing marine renewable energy 
        extraction technologies;
          (2) research, develop, and demonstrate advanced marine 
        renewable energy systems and technologies;
          (3) reduce the manufacturing and operation costs of marine 
        renewable energy technologies;
          (4) investigate efficient and reliable integration with the 
        utility grid and intermittency issues;
          (5) advance wave forecasting technologies;
          (6) conduct experimental and numerical modeling for 
        optimization of marine energy conversion devices and arrays;
          (7) increase the reliability and survivability of marine 
        renewable energy technologies, including development of 
        corrosive-resistant materials;
          (8) study, in conjunction with the Assistant Administrator 
        for Research and Development of the Environmental Protection 
        Agency, the Undersecretary of Commerce for Oceans and 
        Atmosphere, and other Federal agencies as appropriate, the 
        environmental impacts of marine renewable energy technologies 
        and ways to address adverse impacts, and provide public 
        information concerning technologies and other means available 
        for monitoring and determining environmental impacts;
          (9) establish protocols, in conjunction with the National 
        Oceanic and Atmospheric Administration, for how the ocean 
        community may best interact with marine renewable energy 
        devices;
          (10) develop power measurement standards for marine renewable 
        energy;
          (11) develop identification standards for marine renewable 
        energy devices;
          (12) address standards development, demonstration, and 
        technology transfer for advanced systems engineering and system 
        integration methods to identify critical interfaces; and
          (13) utilize marine resources in the Gulf of Mexico, the 
        Atlantic Ocean, and the Pacific Ocean.
  (b) Siting Criteria.--The Secretary, in conjunction with other 
appropriate Federal agencies, shall develop, prior to installation of 
any technologies under this section, siting criteria for marine 
renewable energy generation demonstration and commercial application 
projects funded under this Act.

SEC. 5. NATIONAL MARINE RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND 
                    DEMONSTRATION CENTERS.

  (a) Centers.--The Secretary, acting through the National Renewable 
Energy Laboratory, shall award grants to institutions of higher 
education (or consortia thereof) for the establishment of 1 or more 
National Marine Renewable Energy Research, Development, and 
Demonstration Centers. In selecting locations for Centers, the 
Secretary shall consider sites that meet one of the following criteria:
          (1) Hosts an existing marine renewable energy research and 
        development program in coordination with a public university 
        engineering program.
          (2) Has proven expertise to support environmental and policy-
        related issues associated with harnessing of energy in the 
        marine environment.
          (3) Has access to and utilizes the marine resources in the 
        Gulf of Mexico, the Atlantic Ocean, or the Pacific Ocean.
The Secretary may give special consideration to historically black 
colleges and universities and land grant universities that also meet 
one of these criteria. In establishing criteria for the selection of 
Centers, the Secretary shall coordinate with the Undersecretary of 
Commerce for Oceans and Atmosphere on the criteria related to advancing 
wave forecasting technologies, studying the compatibility with the 
environment of marine renewable energy technologies and systems, and 
establishing protocols for how the ocean community best interacts with 
marine renewable energy devices and parks.
  (b) Purposes.--The Centers shall advance research, development, 
demonstration, and commercial application of marine renewable energy 
through a number of initiatives including for the purposes described in 
section 4(1) through (13), and shall serve as an information 
clearinghouse for the marine renewable energy industry, collecting and 
disseminating information on best practices in all areas related to 
developing and managing enhanced marine renewable energy systems 
resources.
  (c) Demonstration of Need.--When applying for a grant under this 
section, an applicant shall include a description of why Federal 
support is necessary for the Center, including evidence that the 
research of the Center will not be conducted in the absence of Federal 
support.

SEC. 6. APPLICABILITY OF OTHER LAWS.

  Nothing in this Act shall be construed as waiving the applicability 
of any requirement under any environmental or other Federal or State 
law.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Secretary to carry out 
this Act $50,000,000 for each of the fiscal years 2008 through 2012, 
except that no funds shall be appropriated under this section for 
activities that are receiving funds under section 931(a)(2)(E)(i) of 
the Energy Policy Act of 2005 (42 U.S.C. 16231(a)(2)(E)(i)).

                              II. PURPOSE

    The purpose of the H.R. 2313 is to establish research, 
development, demonstration, and commercial application programs 
for marine renewable energy technologies, including the 
establishment of one or more National Centers for Marine 
Renewable Energy Research, Development, and Demonstration.

              III. BACKGROUND AND NEED FOR THE LEGISLATION

    For purposes of H.R. 2313, Marine Renewable Energy refers 
to energy that can be extracted from ocean waves, tidal flows, 
ocean currents, or ocean thermal gradients. (In some contexts 
the term may also encompass offshore wind developments, but 
that is beyond the scope of H.R. 2313.) Although envisioned 
primarily as a means of electric power production, there is 
potential for marine energy technologies to provide other 
services, such as desalination of sea water or cold-water air 
conditioning onshore. At the Secretary's discretion, these 
additional applications of marine renewable energy 
technologies, in addition to electric power generation, may be 
covered by the research, development, demonstration, and 
commercial application programs established in H.R. 2313.
    Moving water contains a high energy concentration, measured 
in watts per meter (for waves) or watts per square meter (for 
tides and currents), compared with other renewable energy 
resources, such as wind and solar. This creates an opportunity 
to extract comparable amounts of energy with a smaller 
apparatus. Other benefits of marine renewable energy include 
the vast size of the resource (the Electric Power Research 
Institute has estimated that marine renewables could provide 10 
percent of United States electricity needs); it is a domestic 
resource; it is a predictable resource (waves can be predicted 
as far as three days in advance, and all other marine 
renewables can be predicted indefinitely into the future); 
there are no fuel costs; it is non-emitting source of power 
production; and the devices have a low profile, which makes 
them unlikely to incur opposition on aesthetic grounds (unlike 
some offshore wind installations).
    The challenge lies in developing technologies to 
effectively and efficiently harness the energy contained in 
ocean movement or thermal gradients. The potential of marine 
renewable energy technologies has been debated for many years, 
but they now appear poised for a technological breakthrough. 
Prototypes or small pilot installations have recently been 
installed and hooked into the power grid in Australia, 
Portugal, the United Kingdom, and the United States.
    National governments in Europe and Australia are 
aggressively supporting their nascent, domestic marine 
renewable energy technology companies, motivated primarily by 
the potential of these technologies to provide electric power 
production without greenhouse gas emissions. (Australia is also 
highly interested in desalination services). In contrast, the 
United States currently provides no federal support for marine 
renewable energy technology research and development.
    H.R. 2313 would provide federal support for research, 
development, demonstration, and commercial application of 
marine renewable energy technologies to ensure that U.S. 
companies have the support they need to bring their 
technologies to commercial viability and can be competitive in 
this emerging global market. The bill would also provide 
support to ensure that emerging technologies are developed in 
an environmentally sensitive way. Finally, the bill instructs 
the Secretary to establish one or more National Centers for 
Marine Renewable Energy Research, Development, and 
Demonstration facilities where researchers and developers of 
marine renewable energy technologies could easily research and 
test their technologies in a facility at an environmentally 
screened location with an established grid connection.

                          IV. HEARING SUMMARY

    The Energy and Environment Subcommittee held a hearing on 
Thursday, May 17, 2007 to hear testimony on H.R. 2313 (and also 
H.R. 2304, The Advanced Geothermal Energy Research and 
Development Act of 2007) from the following witnesses:
     Dr. Annette von Jouanne, Professor of Energy 
Systems and Power Electronics in the School of Electrical 
Engineering and Computer Science at Oregon State University 
(OSU). Dr. von Jouanne also leads the Wave Energy program at 
OSU.
     Mr. Sean O'Neill, President of the Ocean Renewable 
Energy Coalition (OREC), a trade association representing the 
marine renewable energy industry.
     Mr. Nathanael Greene, a Sr. Energy Policy 
Specialist with the Natural Resources Defense Council with 
expertise in utility regulation, renewable energy, energy 
taxes, energy efficiency, and the environmental impacts of 
energy production.
    The following witnesses testified at the hearing, but their 
testimony was directed to H.R. 2304, The Advanced Geothermal 
Energy Research and Development Act of 2007.
     Dr. Jefferson Tester, the HP Meissner Professor of 
Chemical Engineering at the Massachusetts Institute of 
Technology, an internationally recognized expert in Enhanced 
Geothermal Systems, and chair of the MIT-led panel that 
produced the report: The Future of Geothermal Energy, released 
in January, 2007.
     Mr. Paul Thomsen, Public Policy Manager for Ormat 
Technologies, Inc., a leading provider of geothermal 
exploration, development, and power conversion technologies. 
Mr. Thomsen testified on behalf of both Ormat and the 
Geothermal Energy Association.

                          V. COMMITTEE ACTIONS

    On May 15, 2004, Science and Technology Committee Member 
Rep. Darlene Hooley, for herself, Science and Technology 
Committee Member Rep. Dana Rohrabacher, and Rep. Jay Inslee 
introduced H.R. 2313, the Marine Renewable Energy Research and 
Development Act of 2007.
    The Subcommittee on Energy and Environment met to consider 
H.R. 2313 on June 6, 2007 and consider the following amendment 
to the bill:
    1. On behalf of Mr. Lampson, which strengthens the 
provision for studying the environmental impacts of marine 
renewable energy technologies and ways to address adverse 
environmental impacts; directs the Secretary to provide public 
information concerning technologies and other means available 
for monitoring and determining environmental impacts; and 
affirms the applicability of all Federal and State laws, 
including environmental laws and permitting requirements, to 
projects funded under this Act. The amendment was agreed to by 
voice vote.
    Following consideration of the amendment, the bill, as 
amended, was passed by voice vote.
    Mr. Inglis then moved that the Subcommittee favorably 
report the bill, H.R. 2313, to the full Committee on Science 
and Technology. The motion was agreed to by voice vote.
    The Committee on Science and Technology met to consider 
H.R. 2313 on June 13, 2007 and considered the following 
amendments to the bill:
    1. On behalf of Ms. Hooley, which, in addition to changes 
of a technical nature, instructs the Secretary to develop 
siting criteria for marine renewable energy projects funded 
under this Act prior to their installation. The amendment was 
agreed to by voice vote.
    The following two amendments were offered and considered en 
bloc:
    2. On behalf of Mr. Diaz-Balart, which requires the 
Secretary to coordinate with the Undersecretary of Commerce for 
Oceans and Atmosphere on certain criteria for the selection of 
marine renewable energy centers. The amendment was agreed to by 
voice vote.
    3. On behalf of Mr. Diaz-Balart, which requires the 
participation of the Undersecretary of Commerce for Oceans and 
Atmosphere in the study on environmental impacts and the 
participation of NOAA in establishing protocols for 
interactions between the ocean community and devices. The 
amendment was agreed to by voice vote.
    4. On behalf of Mr. Bartlett, which expands on the 
instructions to the Secretary to increase the reliability and 
survivability of marine renewable energy technologies by 
including the ``development of corrosive-resistant materials''. 
The amendment was agreed to by voice vote.
    5. On behalf of Mr. Hall, which expands the eligibility 
criteria for institutions to qualify for consideration to host 
a national marine renewable energy RD&D center, and also 
instructs the Secretary to utilize marine resources in the 
Atlantic, Pacific, and the Gulf of Mexico. The amendment was 
agreed to by voice vote.
    6. On behalf of Mr. Smith, which adds ``algal biomass'' to 
the list of resources considered as a source of marine 
renewable energy under the Act. The amendment was offered and 
withdrawn after a colloquy.
    7. On behalf of Mr. Gingrey, which prohibits funding under 
this Act for ``ocean energy, including wave energy'' programs 
already receiving funds under the authorization contained in 
the Energy Policy Act of 2005. The amendment was agreed to by 
voice vote.
    8. On behalf of Mr. Akin, which requires applicants for 
marine renewable energy RD&D centers to include in their 
applications a description of why Federal support is necessary 
and evidence that the proposed research would not be conducted 
without Federal support. The amendment was agreed to by voice 
vote.
    Following consideration of the amendments, the bill, as 
amended, was passed by voice vote.
    Mr. Hall then moved that the committee favorably report the 
bill, H.R. 2313, as amended, to the House for consideration. 
The motion was agreed to by a voice vote.

        VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL, AS REPORTED

    H.R. 2313 authorizes $50 million a year for each of the 
fiscal years 2008-2012 (a total of $250 million) to fund 
research, development, demonstration, and commercial 
application of marine renewable energy technologies. The bill 
instructs the Secretary to support research, development, 
demonstration, and commercial application to expand marine 
renewable energy production; to support programs to reduce the 
manufacturing and operation costs of marine renewable energy 
technologies; investigate integration of such technologies with 
the grid; advance wave forecasting technologies; optimize 
marine renewable energy technology devices and arrays; increase 
their reliability and survivability; coordinate with the EPA to 
study the environmental impact of marine renewable energy 
technologies and ways to address adverse impacts; establish 
protocols for how the ocean community may best interact with 
marine renewable energy devices; develop power measurement 
standards; develop identification standards; address standards 
development, demonstration, and technology transfer; utilize 
marine resources in the Gulf of Mexico, the Atlantic, and 
Pacific; and establish siting criteria for marine renewable 
energy technologies. The bill also instructs the Secretary to 
make grants to institutions of higher education for the 
establishment of one or more National Marine Renewable Energy 
Research, Development, and Demonstration Centers.

                    VII. SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Act may be cited as the ``Marine Renewable Energy Research 
and Development Act of 2007''.

Section 2. Findings

    Marine renewable energy sources--including waves, tidal 
flows, ocean currents, and thermal gradients--are clean, 
renewable, domestic sources of energy that have the potential 
to provide significant amounts of electricity to the nation's 
power grid. Technologies designed to harness marine energy 
sources are already providing grid power in Europe. Recent 
studies have identified an abundance of viable sites for marine 
renewable energy production in coastal areas of the United 
States, but expanded research and development is necessary to 
further develop the related technologies and hasten their 
commercial application. Federal support can be instrumental in 
hastening the development of marine renewable energy 
technologies and reducing the risk of investing in these areas.

Section 3. Definitions

    Provides definitions for the following terms used in the 
Act: ``Marine Renewable Energy'' (includes usable energy 
derived from waves, tidal flows, ocean currents, and thermal 
gradients), and ``Secretary''.

Section 4. Marine renewable energy research and development

    Instructs the Secretary to support programs of research, 
development, demonstration, and commercial application of 
energy production from renewable marine resources. Specific 
areas of activity shall include programs to: study and compare 
existing marine renewable energy extraction technologies; 
research, develop, and demonstrate advanced marine renewable 
energy systems and technologies; reduce the manufacturing and 
operation costs of marine renewable energy technologies; 
integrate such marine renewable energy technologies with the 
grid; advance wave forecasting technologies; optimize marine 
renewable energy technology devices and arrays; increase the 
reliability and survivability of marine renewable energy 
devices; study the environmental impact of marine renewable 
energy technologies and ways to address adverse impacts; 
establish protocols for how the ocean community may best 
interact with marine renewable energy devices; develop power 
measurement standards; develop identification standards; 
identify critical interfaces in systems incorporating marine 
renewable energy technologies; and utilize marine resources in 
the Gulf of Mexico, the Atlantic Ocean, and the Pacific Ocean.
    Section 4 also instructs the Secretary, in conjunction with 
other appropriate Federal agencies, to develop siting criteria 
for marine renewable energy technologies. Such criteria must be 
developed prior to installation of any projects funded under 
this Act. It is the intent of the Committee that such criteria 
shall include stringent, risk-averse environmental criteria 
designed to protect marine life, including fish and marine 
mammals. Appropriate Federal agencies with which the Secretary 
should coordinate in developing environmental siting criteria 
should include NOAA, NOAA Fisheries, the Environmental 
Protection Agency, and any others that the Secretary deems 
appropriate.
    In addition to addressing environmental sensitivity, siting 
criteria should also address the suitability of locations for 
producing energy, the potential for interference with marine 
navigation, the possibility of interfering with the commercial 
or recreational use of the ocean, and other issues that the 
Secretary, in consultation with appropriate agencies, deems 
appropriate.
    The Committee further recognizes that each type of 
technology has different design characteristics and, as such, 
should be subject to technology-specific siting criteria. 
Siting criteria should be developed for each different 
technology type. For example, the siting criteria for 
underwater axial-flow turbines designed to harness tidal flows 
should be different from the siting criteria for point absorber 
devices designed to harness wave energy.

Section 5. Marine renewable energy research and demonstration centers

    Instructs the Secretary to establish one or more Centers 
for the research, development, and demonstration of marine 
renewable energy technologies. The Center(s) is/are intended as 
a research, development, and demonstration facility/facilities 
located in an environmentally suitable area(s), subject to all 
relevant Local, State, and Federal permitting requirements. The 
Center(s) will be a facility/facilities where prototype marine 
renewable energy technologies can be easily integrated into the 
grid, studied, and tested in real-world conditions. The 
Center(s) will also serve as an information clearinghouse(s), 
collecting and disseminating scientific and technological data 
relevant to marine renewable energy development for the benefit 
of the research community and the industry.
    The Center(s) is/are intended to be established under the 
auspices of a suitable university program(s), but should be 
available to both the research community and private sector 
developers, on terms to be established by the Secretary and the 
host university/universities.
    The location for the Center(s) is/are to be chosen from 
among candidate sites that meet one or more of several criteria 
specified in the bill. As the purpose of the facility/
facilities is intended to be of a technical nature, some 
demonstrated expertise and capability in marine renewable 
energy research and development will be essential.
    The bill provides the Secretary with the authority to 
establish more than one Center, if necessary, because it could 
be that no single location is appropriate for researching 
energy extraction from all of the different types of marine 
renewable energy resources covered by the bill: waves, tidal 
flows, ocean currents, and ocean thermal energy conversion. The 
determination of the size, location, and number of Center(s) 
will be at the Secretary's discretion.

Section 6. Applicability of other laws

    Affirms the applicability of all requirements under Federal 
and State laws, including environmental laws, to projects 
undertaken under this Act.

Section 7. Authorization of appropriations

    Authorizes appropriations of $50,000,000 for each of the 
fiscal years 2008 through 2012.

                          VIII. COST ESTIMATE

    A cost estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974 has been timely submitted to 
the Committee on Science and Technology prior to the filing of 
this report and is included in Section X of this report 
pursuant to House Rule XIII, clause 3(c)(3).
    H.R. 2313 does not contain new budget authority, credit 
authority, or changes in revenues or tax expenditures. Assuming 
that the sums authorized under the bill are appropriated, H.R. 
2313 does authorize additional discretionary spending, as 
described in the Congressional Budget Office report on the 
bill, which is contained in Section X of this report.

             IX. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 2313--Marine Renewable Energy Research and Development Act of 2007

    Summary: H.R. 2313 would authorize the appropriation of 
$250 million over the 2008-2012 period for the Department of 
Energy (DOE) to support research and development programs that 
expand the production of marine renewable energy. Marine 
renewable energy includes energy derived from waves, tidal 
flows, ocean currents, and ocean thermal energy conversion. 
Additionally, funds authorized to be appropriated under the 
bill would be used to make grants to institutions of higher 
education to establish National Marine Renewable Energy 
Research, Development, and Demonstration Centers that would 
advance research on marine renewable energy and act as an 
information clearinghouse for industry. CBO estimates that 
implementing H.R. 2313 would cost $220 million over the 2008-
2012 period, assuming the appropriation of the specified funds. 
Enacting H.R. 2313 would have no effect on direct spending or 
revenues.
    H.R. 2313 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would benefit public institutions of higher education.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2313 is shown in the following table. 
The costs of this legislation fall within budget function 250 
(general science, space, and technology).

------------------------------------------------------------------------
                                      By fiscal year, in millions of
                                                 dollars--
                                 ---------------------------------------
                                   2008    2009    2010    2011    2012
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level.............      50      50      50      50      50
Estimated Outlays...............      28      42      50      50      50
------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the end of fiscal year 2007 and that 
the amounts authorized by the bill will be appropriated for 
each fiscal year.
    H.R. 2313 would authorize the appropriation of $50 million 
for each of fiscal years 2008 through 2012 for the research and 
development of marine renewable energy, including energy 
derived from waves, tidal flows, ocean currents, and ocean 
thermal energy conversion. The legislation would direct the 
Secretary of Energy to support programs studying existing and 
potential marine energy technologies, including potential 
environmental impacts, as well as methods to reduce 
manufacturing costs, increase reliability and survivability, 
and integrate such technologies into the existing utility grid. 
Based on information from DOE, CBO expects that funds 
authorized by the bill would be used to establish new programs 
within the department for these activities.
    H.R. 2313 would also award grants to institutions of higher 
education to establish National Marine Renewable Energy 
Research, Development, and Demonstration Centers. Such centers 
would research and develop marine renewable energy 
technologies, including their demonstration and commercial 
application. The centers also would serve as information 
clearinghouses by collecting and disseminating information on 
best practices to develop and manage marine renewable energy 
resources.
    Based on the historical spending patterns of DOE research 
and development programs, CBO estimates that implementing H.R. 
2313 would cost $28 million in 2008 and $220 million over the 
2008-2012 period. Such costs would be subject to appropriation 
of the specified funds.
    Intergovernmental and private-sector impact: H.R. 2313 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would benefit participating public 
institutions of higher education. The bill would authorize 
grants for establishing one or more national centers for 
researching and developing marine renewable energy. These 
centers would serve as information clearinghouses for the 
marine renewable energy industry and would be located at 
institutions of higher education. Any costs incurred by public 
entities, as conditions of receiving assistance, would be 
incurred voluntarily.
    Estimate prepared by: Federal Costs: Daniel Hoople; Impact 
on State, Local, and Tribal Governments: Neil Hood; Impact on 
the Private Sector: Amy Petz.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                  X. COMPLIANCE WITH PUBLIC LAW 104-4

    H.R. 2313 contains no unfunded mandates.

          XI. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    The oversight findings and recommendations of the Committee 
on Science and Technology are reflected in the body of this 
report.

       XII. STATEMENT ON GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c) of House rule XIII, the goal of 
H.R. 2313 is to advance marine renewable research and 
development through federal programs of research, development, 
demonstration, and commercial application to expand the use of 
marine renewable energy production from marine renewable energy 
technology systems and the establishment of national marine 
renewable energy research, development, and demonstration 
centers.

                XIII. CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 2313.

               XIV. FEDERAL ADVISORY COMMITTEE STATEMENT

    H.R. 2313 does not establish nor authorize the 
establishment of any advisory committee.

                  XV. CONGRESSIONAL ACCOUNTABILITY ACT

    The Committee finds that H.R. 2313 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

                      XVI. EARMARK IDENTIFICATION

    H.R. 2313 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

      XVII. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    This bill is not intended to preempt any state, local, or 
tribal law.

      XVIII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    The bill does not change existing law.

                     XIX. COMMITTEE RECOMMENDATIONS

    On June 13, 2007, the Committee on Science and Technology 
favorably reported H.R. 2313, as amended, by a voice vote and 
recommended its enactment.


    XX. PROCEEDINGS OF THE MARKUP BY THE SUBCOMMITTEE ON ENERGY AND 
  ENVIRONMENT ON H.R. 2313, THE MARINE RENEWABLE ENERGY RESEARCH AND 
                        DEVELOPMENT ACT OF 2007

                              ----------                              


                        WEDNESDAY, JUNE 6, 2007

                  House of Representatives,
            Subcommittee on Energy and Environment,
                       Committee on Science and Technology,
                                                    Washington, DC.

    The Subcommittee met, pursuant to call, at 9:44 a.m., in 
Room 2318 of the Rayburn House Office Building, Hon. Nick 
Lampson [Chairman of the Subcommittee] presiding.
    Chairman Lampson. Good morning. The Subcommittee on Energy 
and Environment will come to order. Pursuant to notice, the 
Subcommittee on Energy and Environment meets to consider the 
following measures: H.R. 906, the Global Change Research and 
Data Management Act of 2007; H.R. 2304, the Advanced Geothermal 
Energy Research and Development Act of 2007; and H.R. 2313, the 
Marine Renewable Energy Research and Development Act of 2007.
    We will now proceed with the markup beginning with opening 
statements, and I will begin.
    Today the Subcommittee will consider three bills: H.R. 906, 
the Global Change Research and Data Management Act; H.R. 2304, 
the Advanced Geothermal Energy Research and Development Act; 
and H.R. 2313, the Marine Renewable Energy Research and 
Development Act of 2007.
    First, we will take up H.R. 906, the Global Change Research 
and Data Management Act of 2007, which will re-orient the 
current interagency climate research program to produce 
information that supports efforts of resource managers, 
businesses and individuals to understand and reduce our 
vulnerability to extreme weather events and climate change.
    The U.S. Global Change Research Program has been in 
existence in some form since the late 1970s. This important 
program has vastly expanded our knowledge of Earth's land, 
water and atmospheric systems. However, fires, droughts, 
hurricanes and other natural events have highlighted our 
increasing vulnerability to extreme weather and climate 
changes. With better planning and implementation adaptation 
strategies, these costs can be reduced.
    Next, we will consider two pieces of legislation to expand 
our country's renewable energy portfolio in the areas of 
geothermal and ocean power. These resources are both 
potentially vast in size and have potential to provide clean 
power at competitive rates but they require support to advance 
to the stage of commercial viability.
    H.R. 2304, the Advanced Geothermal Energy Research and 
Development Act of 2007, would reinvigorate geothermal research 
and development in this country. It would provide support and 
guidance for researchers to develop technologies capable of 
tapping into the vast quantities of thermal energy that is 
stored in the Earth's crust.
    H.R. 2313, the Marine Renewable Energy Research and 
Development Act of 2007, would support renewable energy 
development by exploiting the energy of ocean tides and 
currents. Today this promising industry is at roughly the same 
development stage that wind was back 20 years ago. With the 
support provided by this bill, this industry is posed to grow 
into a significant contributor of clean electricity to our 
nation's power grid.
    In short, these bills are about addressing overlooked 
opportunities in our collective efforts to create good American 
jobs, diversify our energy supply, increase our security and 
reduce the environmental impact of energy production. All three 
pieces of legislation are important to our environment and our 
economy. Therefore, I urge their passage and I look forward to 
getting them to the House Floor.
    [The prepared statement of Chairman Lampson follows:]
              Prepared Statement of Chairman Nick Lampson
    Today, the Subcommittee we will consider three bills, H.R. 906, the 
Global Change Research and Data Management Act; H.R. 2304, the Advanced 
Geothermal Energy Research and Development Act; and H.R. 2313, the 
Marine Renewable Energy Research and Development Act.
    First, we will take up H.R. 906, the Global Change Research and 
Data Management Act of 2007, which will re-orient the current 
interagency climate research program to produce information that 
supports efforts of resource managers, businesses, and individuals to 
understand and reduce our vulnerability to extreme weather events and 
to climate change.
    The U.S. Global Change Research Program has been in existence in 
some form since the late 1970s. This important program has vastly 
expanded our knowledge of Earth's land, water, and atmospheric systems.
    However, fires, droughts, hurricanes, and other natural events have 
highlighted our increasing vulnerability to extreme weather and climate 
changes. With better planning and implementation of adaptation 
strategies these costs can be reduced.
    Next, we will consider two pieces of legislation to expand our 
country's renewable energy portfolio in the areas of geothermal and 
ocean power. These resources are both potentially vast in size and have 
potential to provide clean power at competitive rates, but they require 
support to advance to the stage of commercial viability.
    H.R. 2304, the Advanced Geothermal Energy Research and Development 
Act of 2007, would reinvigorate geothermal research and development in 
this country. It would provide support and guidance for researchers to 
develop technologies capable of tapping into the vast quantities of 
thermal energy that is stored in the Earth's crust.
    H.R. 2313, the Marine Renewable Energy Research and Development Act 
of 2007, would support renewable energy development by exploiting the 
energy of ocean tides and currents.
    Today, this promising industry is at roughly the same developmental 
stage that wind was at 20 years ago. With the support provided by this 
bill, this industry is poised to grow into a significant contributor of 
clean electricity to our nation's power grid.
    In short, these bills are about addressing overlooked opportunities 
in our collective efforts to create good American jobs, diversify our 
energy supply, increase our security, and reduce the environmental 
impact of energy production.
    All three pieces of legislation are important to our environment 
and our economy. Therefore, I urge their passage, and look forward to 
getting them to the House Floor.

    Chairman Lampson. At this time I will recognize Mr. Inglis 
to present his opening remarks.
    Mr. Inglis. Thank you, Mr. Chairman, and thank you for 
holding this markup.
    I am happy to be a co-sponsor of Mr. Udall's bill, the 
Global Change Research and Data Management Act. For a number of 
years, the U.S. Global Research Program has coordinated a 
successful interagency research program on global environmental 
change and implications of a changing climate for society. H.R. 
906 continues support for this research and makes that research 
user-friendly for federal, State and local decision-makers who 
are tasked with the job of creating policies that address the 
challenges associated with climate change.
    We also have an opportunity to address the development of 
clean, renewable energy sources in today's markup of H.R. 2304, 
the Advanced Geothermal Energy Research and Development Act, 
and H.R. 2313, the Marine Renewable Energy Research and 
Development Act. Geothermal and marine-related energy should be 
sources of energy for us and I am looking forward to promoting 
research that will make these alternatives commercially 
feasible. I hope we can build on what we have already learned 
and that experience scientists in that program have already 
achieved and move forward to even greater use of these sources 
of energy.
    And Mr. Chairman, I hope that by the time that we have 
concluded opening statements, that more Members will appear 
from the Republican conference that is still underway, and when 
they do, I suppose we will have a quorum for votes on these 
bills.
    [The prepared statement of Mr. Inglis follows:]
            Prepared Statement of Representative Bob Inglis
    Thank you for holding this markup, Mr. Chairman.
    I'm happy to be a co-sponsor of Mr. Udall's bill, the Global Change 
Research and Data Management Act. For many years, the United States 
Global Research Program has coordinated a successful interagency 
research program on global environment change and implications of a 
changing climate for society. H.R. 906 continues support for this 
research, and makes that research ``user-friendly'' for federal, State, 
and local decision-makers who are tasked with the job of creating 
policies that address the challenges associated with climate change.
    We also have an opportunity to address the development of clean, 
renewable energy sources in today's markup of H.R. 2304, the Advanced 
Geothermal Energy Research and Development Act, and H.R. 2313, the 
Marine Renewable Energy Research and Development Act. Geothermal and 
marine-related energy should be sources of energy for us, and I'm 
looking forward to promoting research that will make these alternatives 
commercially affordable. I hope that we can build on what we've already 
learned and that experienced scientists and other professionals are 
included so that duplication.
    Thank you again, Mr. Chairman, and I look forward to working with 
you to advance this legislation.

    Chairman Lampson. We will be ready for the votes when they 
come in. We may get a little ahead of them.
    Without objection, Members may place statements in the 
record at this point.
    We will now consider H.R. 2313, the Marine Renewable Energy 
Research and Development Act of 2007. I yield myself five 
minutes to describe this bill.
    Just a few weeks ago Ms. Hooley of Oregon and Mr. 
Rohrabacher of California, both Members of the Full Committee 
on Science and Technology, introduced H.R. 2313, the Marine 
Renewable Energy Research and Development Act of 2007. Marine 
renewable energy resources such as ocean waves, tidal currents, 
ocean currents and ocean thermal gradients contain significant 
quantities of clean domestic and renewable energy. One study by 
the Electric Power Research Institute indicates that ocean 
power resources on the coast of the United States could provide 
as much as 10 percent of our nation's electricity. The 
technologies to harness this power are still in the early 
stages of development but they show great potential. Federal 
support at this critical stage will help ensure that these 
technologies get the resources they need to become commercially 
viable and that the United States becomes a leader in this 
emerging global industry. The purpose of H.R. 2313 is to 
authorize funding for research, development, demonstration and 
commercial application of marine renewable energy technologies. 
The bill also authorizes funding for the establishment of one 
or more National Marine Renewable Research, Development and 
Demonstration Centers, a facility or facilities for the testing 
and research of marine renewable energy technology. I would 
like to thank our colleagues, Representative Hooley and 
Representative Rohrabacher, for recognizing the great value of 
this overlooked energy resource and urge my colleagues on the 
Subcommittee to support this bill.
    I will recognize Mr. Inglis to present any remarks on this 
bill.
    Mr. Inglis. Mr. Chairman, I have seen some of Mr. 
Rohrabacher's surfing tapes and I can assure you there is 
enormous energy in those waves, and if you catch one and can 
turn it into electricity, what an awesome thing, and of course 
the currents as well, so I am happy that we are advancing this 
bill because it is a source of energy available to us. It is 
just a matter of figuring out how to harness it and so 
hopefully this is a contribution that we here in the Science 
Committee can make to a future of energy independence for the 
United States.
    Chairman Lampson. Thank you, Mr. Inglis. I will now 
recognize Mr. Baird for five minutes.
    Mr. Baird. I thank the Chairman. Ms. Hooley had hoped to be 
here herself to speak but she is under the weather now and 
asked me if I would offer a few comments as her neighbor just 
slightly to the north, and both of us have districts that have 
a large extent of coastline. As has been commented on, there is 
tremendous power in the ocean. European nations are already 
harnessing some of that tidal power, current power, et cetera. 
It is clean, it is renewable. The moon provides much of the 
source combined with the wind, and if we can use that, we would 
burn zero petro dollars for that or petroleum. It would help us 
deal with greenhouse gases and produce a great deal of energy 
potentially. So I applaud both Ms. Hooley and Mr. Rohrabacher. 
I too have seen his surfing tapes and he apparently, I recall 
at a hearing a little bit ago, suggested we use waves as 
transportation but he only meant for 100 yards at a time or so. 
But nevertheless, this is, I think, a very innovative and 
progressive piece of legislation and I strongly support and 
commend Ms. Hooley and Mr. Rohrabacher for their initiative and 
urge passage.
    Chairman Lampson. Thank you, Mr. Baird, for your comments 
and for the surfing lesson.
    Does anyone else wish to be recognized? Anyone else wish to 
be recognized?
    I ask unanimous consent that the bill is considered as read 
and open to amendment at any point and that the Members proceed 
with the amendments in the order of the roster. Without 
objection, it is so ordered.
    The first amendment on the roster is an amendment offered 
by the Chair. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 2313 offered by Mr. Lampson of 
Texas.
    Chairman Lampson. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered. I recognize myself 
for five minutes to explain the amendment.
    This amendment was drafted based on input from witnesses at 
our legislative hearing and suggestions from other experts in 
the ocean power and environmental communities. Almost all of 
the changes are simple revisions intended to clarify the 
language. The only substantive changes contained in this 
amendment strengthen the environmental provisions of the bill. 
The amendment strengthens the provision for studying the 
environmental impacts of marine renewable energy technologies 
and ways to address adverse environmental impacts. The revised 
language also directs the Secretary to provide public 
information concerning technologies and other means available 
for monitoring and determining environmental impacts.
    Finally, this amendment contains language affirming the 
applicability of all federal and State laws including the 
environmental laws and permitting requirements to projects 
funded under this Act. The provisions in this amendment improve 
the clarity and substance of the original bill. I urge my 
colleagues to support it.
    Is there other discussion on this amendment? Other 
discussion? If no, then the vote occurs on the amendment. All 
those in favor, say aye. Those opposed, say no. The ayes have 
it and the amendment is agreed to. Are there any other 
amendments? Hearing none, the vote is on the bill, H.R. 2313, 
the Marine Renewable Energy Research and Development Act of 
2007, as amended. All those in favor will say aye. Those 
opposed, say no. In the opinion of the Chair, the ayes have it. 
I recognize Mr. Inglis to offer a motion.
    Mr. Inglis. Mr. Chairman, I move that the Subcommittee 
favorably report H.R. 2313 as amended to the Full Committee. 
Furthermore, I move that the staff be instructed to prepare 
Subcommittee legislative report and make necessary technical 
and conforming changes to the bill as amended in accordance 
with the recommendations of the Subcommittee.
    Chairman Lampson. The question is on the motion to report 
the bill favorably. Those in favor of the motion will signify 
by saying aye. Those opposed, say no. The ayes have it and the 
bill is favorably reported.
    Without objection the motion to reconsider is laid upon the 
table. Subcommittee Members may submit additional or Minority 
views on the measure.
    I want to thank the Members for their attendance, and this 
concludes our Subcommittee markup. We are adjourned.
    [Whereupon, at 10:25 a.m., the Subcommittee was adjourned.]
                               Appendix:

                              ----------                              


        H.R. 2313, Section-by-Section Analysis, Amendment Roster





               Section-by-Section Analysis of H.R. 2313,
                  Marine Renewable Energy Research and
                        Development Act of 2007

Summary

    H.R. 2313 directs the Secretary of Energy to support programs of 
research, development, demonstration, and commercial application in 
marine renewable energy technologies. It also establishes National 
Centers for the testing of marine renewable energy technologies.

Section-by-Section

Section 1. Short Title

    Act may be cited as the ``Marine Renewable Energy Research and 
Development Act of 2007.''

Section 2. Findings

    Marine energy sources--including waves, tidal flows, ocean 
currents, and thermal gradients--are clean, renewable, domestic sources 
of energy that have the potential to provide significant amounts of 
electricity to the Nation's power grid. Technologies designed to 
harness marine energy sources are already providing grid power in 
Europe. Recent studies have identified an abundance of viable sites for 
marine energy production in coastal areas of the United States, but 
expanded R&D is necessary to further develop the related technologies 
and hasten their commercial application. Federal support can be 
instrumental in hastening the development of marine renewable energy 
technologies and reducing the risk of investing in these areas.

Section 3. Definitions

    Provides definitions for the following terms used in the Act: 
`Marine Renewable Energy' (includes usable energy derived from waves, 
tidal flows, ocean currents, and thermal gradients), and `Secretary.'

Section. 4. Marine Renewable Energy Research and Development

    Instructs the Secretary to support programs of research, 
development, demonstration, and commercial application of marine 
renewable energy technologies. Areas of activity shall include: 
studying and comparing existing technologies, developing improved 
technologies, reducing costs of manufacture and operation, 
investigating integration with power grid, improving wave forecasting 
technologies, optimizing placement of devices, increasing reliability 
and survivability, studying technology compatibility with the 
environment, protocols for interacting with devices, and developing 
power measurement standards.

Section 5. Marine Renewable Energy Research and Demonstration Centers

    Calls for the establishment of one or more Centers for the 
research, development, and demonstration of marine renewable 
technologies. Such centers shall serve as permanent installations in 
environmentally approved areas where prototype technologies can be 
tested in connection with the power grid. Centers shall also serve as 
clearinghouses of industry relevant information. Sites for Centers 
shall be chosen on the basis of accessibility to appropriate marine 
energy resources and proximity to an existing marine renewable energy 
research and development program.

Section 6. Authorization of Appropriations

    Authorizes appropriations of $50,000,000 for each of the fiscal 
years 2008 through 2012.





XXI. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 2313, THE MARINE 
         RENEWABLE ENERGY RESEARCH AND DEVELOPMENT ACT OF 2007

                              ----------                              


                        WEDNESDAY, JUNE 13, 2007

                          House of Representatives,
                       Committee on Science and Technology,
                                                    Washington, DC.

    The Committee met, pursuant to call, at 10:12 a.m., in Room 
2318 of the Rayburn House Office Building, Hon. Bart Gordon 
[Chairman of the Committee] presiding.
    Chairman Gordon. Pursuant to notice, the Committee meets to 
consider the following measures: H.R. 2304, the Advanced 
Geothermal Energy Research and Development Act of 2007, and 
H.R. 2313, the Marine Renewable Energy Research and Development 
Act of 2007.
    We will now proceed with the markup. I begin with a brief 
statement.
    Today the Committee will consider two bills, H.R. 2304, the 
Advanced Geothermal Energy Research and Development Act, 
introduced by Mr. McNerney, and H.R. 2313, the Marine Renewable 
Energy Research and Development Act, introduced by Ms. Hooley 
and co-sponsored by Mr. Rohrabacher who has had a great deal of 
input into this bill. Each of these two bills is designed to 
expand our country's renewable energy production portfolio. 
Both geothermal energy and marine energy are enormous resources 
that have great potential to make significant contributions to 
meeting our nation's energy needs at a competitive cost. But 
they require more support for research and development in order 
to advance to a state of commercial readiness.
    Geothermal energy is the energy stored as heat in the 
Earth's crust. It is a resource of truly vast potential. Yet 
most of this potential goes untapped due to a lack of resources 
to develop the technologies that would make geothermal energy 
widely accessible.
    H.R. 2304, the Advanced Geothermal Energy Research and 
Development Act of 2007, will build on and expand the existing 
geothermal energy programs and provide support to develop a 
wide range of hydrothermal and enhanced geothermal systems. In 
the process, the bill would reinvigorate geothermal research 
and development in the United States and elevate geothermal 
energy to a position as a major contributor to our nation's 
power production portfolio.
    Marine renewable energy technologies today are at a stage 
of development similar to where wind power was about 20 years 
ago. The prototype technologies show great promise, and the 
resource is huge, potentially able to provide as much as 10 
percent of our nation's energy needs. But here again, 
researchers and industry require more support if they are going 
to move these technologies from the experimental stage to 
commercial viability. H.R. 2313, the Marine Renewable Energy 
Research and Development Act, is designed to do just that.
    Both of these bills are designed to address overlooked 
opportunities in our efforts to create a 21st century energy 
policy that emphasizes good American jobs, diversity of supply, 
increased national security, and reduced environmental impact.
    I want to thank my colleagues, Mr. McNerney and Mrs. Hooley 
for introducing them. I urge their passage and look forward to 
getting them to the House Floor.
    I would also like to make one final comment, and before we 
get down to business I want to offer my sincere thanks and 
appreciation to my friend and colleague and our Ranking Member, 
Mr. Hall, and his colleagues on the Minority side for proposing 
some very thoughtful, meaningful amendments to today's bills 
for our consideration.
    I cannot guarantee that we will be supporting all of them, 
but we will definitely be supporting many of them; and the 
Committee staff informs me that the amendments have contributed 
significantly to the quality of this legislation.
    I think this is another very good example of the bipartisan 
spirit with which we will strive to conduct the business of the 
Science and Technology Committee.
    [The prepared statement of Chairman Gordon follows:]
               Prepared Statement of Chairman Bart Gordon
    Today, the Committee will consider two bills, H.R. 2304, the 
Advanced Geothermal Energy Research and Development Act, introduced by 
Mr. McNerney, and H.R. 2313, the Marine Renewable Energy Research and 
Development Act, introduced by Ms. Hooley and Mr. Rohrabacher.
    Each of these two bills is designed to expand our country's 
renewable energy production portfolio. Both geothermal energy and 
marine energy are enormous resources that have great potential to make 
significant contributions to meeting our nation's energy needs at a 
competitive cost. But they require support for research and development 
in order to advance to a state of commercial readiness.
    Geothermal energy is the energy stored as heat in the Earth's 
crust, and it is a resource of truly vast potential. Yet most of this 
potential goes untapped due to lack of resources to develop the 
technologies that would make geothermal energy widely accessible.
    H.R. 2304, the Advanced Geothermal Energy Research and Development 
Act of 2007, will build on and expand the existing DOE geothermal 
energy program and provide the support to develop a wide range of 
Hydrothermal and Enhanced Geothermal Systems. In the process, the bill 
would reinvigorate geothermal research and development in the United 
States, and elevate geothermal energy to a position as major 
contributor to our nation's power production portfolio.
    Marine renewable energy technologies today are at a stage of 
development similar to where wind power was about 20 years ago. The 
prototype technologies show great promise, and the resource is huge, 
potentially able to provide as much as 10 percent of our nation's 
electricity needs. But here again, researchers and industry require 
more support if they are going to move these technologies from the 
experimental stage to commercial viability. H.R. 2313, the Marine 
Renewable Energy Research and Development Act of 2007, is designed to 
do just that.
    Both of these bills are designed to address overlooked 
opportunities in our efforts to create a 21st century energy policy 
that emphasizes good American jobs, diversity of supply, increased 
national security, and reduced environmental impact.
    I want to thank my colleagues, Mr. McNerney and Ms. Hooley and Mr. 
Rohrabacher, for introducing them. I urge their passage, and look 
forward to getting them to the House Floor.
    I would like to make one final comment before we get down to 
business. I want to offer my sincere thanks and appreciation to my 
friend and colleague, the Ranking Member Mr. Hall, and his colleagues 
on the Minority side for proposing some very thoughtful amendments to 
these bills for our consideration today.
    I can't guarantee that we'll be supporting all of them, but we will 
definitely be supporting some of them, and the Committee staff informs 
me that the amendments have contributed significantly to the quality of 
this legislation.
    I think this is another fine example of the bipartisan spirit with 
which we strive to conduct the business of the Science and Technology 
Committee.
    Thank you to everyone for your thorough consideration of these 
important bills, and for your substantive contributions to make them 
even better.

    Chairman Gordon. Now, I recognize Mr. Hall to present his 
opening statement.
    Mr. Hall. Thank you, Mr. Chairman. The two renewable energy 
research and development bills before us today are two more 
ways that the Science Committee is going to help to further our 
country's effort to become energy independent. It is no secret, 
I am an oil and gas guy. I am from an oil and gas state, fossil 
fuel state; and for those that think we can do away with fossil 
fuels are just dreaming. These lights would go out, the 
stations would stop, roads would not be built. We cannot do 
without fossil fuels, and there is an attack on energy today in 
general; and certainly there is an attack on fossil fuels, 
there is an attack on nuclear, even on wind. I think I would 
like to see our country do this in conjunction with our 
renewable and alternative thrust. We still need affordable, 
reliable energy that comes from fossil fuels while we do 
research, such as that in the bills we are marking up today in 
order for our country to continue to be a leader in all the 
areas in the global community. Both bills are going to spur the 
use of domestic, renewable resources available to us within our 
borders and in our waters for the production of energy. While I 
support the thrust of these bills, I do have some concern with 
them that will be addressed through amendments.
    I have one to the geothermal bill that will address the 
production of geothermal energy from oil and gas wells and 
production of geopressured gas resources. It is my 
understanding that the Chairman is prepared to accept this 
amendment. He spoke kindly about it, and whether the kind words 
are going to come into reality remains to be seen. To be 
continued, I guess. And I thank him for it. In addition, I will 
be offering an amendment to the ocean energy bill that will 
expand the areas of the country, parts of the country, that 
participate in research and development activities on marine 
renewable energy. I will go into these amendments in further 
detail as they are brought up for consideration. As always, I 
look forward to the ensuing debate, and I yield back the 
balance of my time.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    Thank you, Mr. Chairman. The two renewable energy research and 
development bills before us today are two more ways the Science 
Committee is helping to further our country's efforts to become energy 
independent. It's no secret that I'm an oil and gas guy, and that I 
fully support increasing our domestic supply of oil and gas. I would 
like to see our country do this in conjunction with our renewable and 
alternatives thrust. We still need affordable, reliable energy that 
comes from fossil fuels, while we do research such as that in the bills 
we are marking up today, in order for our county to continue to be a 
leader in all areas in the global community. Both bills will spur the 
use of domestic, renewable resources available to us within our borders 
and in our waters for the production of energy. While I support the 
thrust of the bills, I do have some concerns with them that will be 
addressed through amendments.
    I have one to the geothermal bill that will address the production 
of geothermal energy from oil and gas wells and production of 
geopressured gas resources. It is my understanding that the Chairman is 
prepared to accept this amendment and I thank him. In addition, I will 
be offering an amendment to the ocean energy bill that will expand the 
areas of the country eligible to participate in research and 
development activities on marine renewable energy. I will go into these 
amendments in further detail as they are brought up for consideration.
    As always, I look forward to the ensuing debate, and I yield back 
the balance of my time.

    Chairman Gordon. Thank you, Mr. Hall. I want to confirm two 
things. One is I am kind, and two, you are from fossil fuel 
country but you are not a fossil.
    Without objection, Members may place statements in the 
record at this point.
    We will now consider H.R. 2313, the Marine Renewable Energy 
Research and Development Act of 2007.
    I yield to the gentlelady from Oregon, Ms. Hooley, for five 
minutes to describe her bill.
    Ms. Hooley. Thank you, Chairman Gordon and Ranking Member 
Hall and Chairman Lampson for working with me on this very 
important piece of legislation.
    Whether or not you agree with the concept of global 
warming, there is no disputing that we as a country need to do 
more to increase the development of renewable energy. Marine 
renewable energy in its various forms holds a potential to play 
a pivotal role in increasing the renewable energy portfolio in 
many parts of the country. That is why I introduced H.R. 2313, 
the Marine Renewable Energy Research and Development Act of 
2007. This bill is designed to infuse much-needed federal 
dollars into a technology that holds infinite possibilities for 
energy needs.
    H.R. 2313 authorizes $50 million annually over the next 
five years for R&D activities associated with marine renewable 
energy including wave, tidal, ocean current, and ocean thermal 
energy conversion. The bill also authorizes the Secretary of 
Energy to establish Centers for marine renewable energy 
research development and demonstration. These Centers will play 
a crucial role as we work to advance research and commercial 
application of marine renewable energy. These Centers will also 
serve as information clearing houses for marine renewable 
energy industry. Being able to collect and disseminate accurate 
information on best practices is critical as the industry tries 
to navigate the myriad of State and federal regulation, 
jurisdictional issues, and the inevitable red tape.
    Many countries are already a step ahead of the United 
States when it comes to embracing the potential these renewable 
energy sources hold. As a result, several countries have been 
able to successfully deploy commercial marine energy projects, 
something that the United States has yet to accomplish. In 
testimony before this committee last month, witnesses stated 
that the technology, ingenuity, and energy is there and all 
indications suggest a much shorter time to commercial viability 
than experienced by many other renewable technologies. We just 
need to provide the resources.
    There was a time when the idea of deploying commercially 
viable wind and solar energy projects seemed like a pipe dream, 
but these technologies now represent the vast majority of the 
country's renewable energy production outside of hydropower. As 
the House moves forward with this work on energy independence, 
I ask that my colleagues consider the potential marine 
renewable energy and I ask that you support this legislation.
    Again, thank you, Mr. Chair, for your leadership on this 
issue.
    [The prepared statement of Ms. Hooley follows:]
          Prepared Statement of Representative Darlene Hooley
    Thank you Mr. Chairman.
    I would like to thank Chairman Gordon and Chairman Lampson for 
working with me to move this very important piece of legislation.
    Whether or not you agree with the concept of global warming, there 
is no disputing that we, as a country, need to do more to increase the 
development of renewable energy and reduce our dependence on fossil 
fuels.
    Marine renewable energy, in its various forms, holds the potential 
to play a pivotal role in increasing the renewable energy portfolio in 
many parts of the country.
    This is why I introduced H.R. 2313, the Marine Renewable Energy 
Research and Development Act of 2007.
    This bill is designed to infuse much needed federal resources into 
a technology that holds infinite possibilities for our energy needs.
    H.R. 2313 authorizes $50 million annually over the next five years 
for R&D activities associated with marine renewable energy, including: 
wave, tidal, ocean current, and ocean thermal energy conversion.
    The bill also authorizes the Secretary of Energy to establish 
centers for Marine Renewable Energy Research, Development and 
Demonstration.
    These centers will play a crucial role as we work to advance 
research, development, demonstration, and commercial application of 
marine renewable energy.
    These centers will also serve as information clearinghouses' for 
the marine renewable energy industry.
    Being able to collect and disseminate accurate information on best 
practices is critical as the industry tries to navigate the myriad of 
State and federal laws, regulations, jurisdictional issues, and the 
inevitable red tape.
    One thing I think is key for my colleagues to remember is that 
research and development of technologies to harness marine energy, has 
been done primarily by universities and private companies without 
federal resources.
    Many countries are already a step ahead of the U.S. when it comes 
to embracing the potential these renewable energy sources hold.
    As a result, several countries have been able to successfully 
deploy commercial marine energy projects--something that the U.S. has 
yet to accomplish.
    In testimony before this committee last month, witnesses stated 
that the technology, ingenuity and energy is there and all indications 
suggest a much shorter time to commercial viability than experienced by 
many other renewable technologies--we just need to provide the 
resources.
    There was a time when the idea of deploying commercially viable 
wind and solar energy projects seemed like a pipe-dream, but these 
technologies now represent the vast majority of the country's renewable 
energy production outside of hydropower.
    As the House moves forward with its work on Energy Independence, I 
ask that my colleagues consider the potential marine renewable energy 
and I ask that you support this legislation.
    Again, thank you Mr. Chairman for your leadership on this issue.

    Chairman Gordon. Thank you, Ms. Hooley. This is a good 
bill.
    I recognize Mr. Hall to present any remarks on the bill.
    Mr. Hall. I thank you, Mr. Chairman, for the chance to 
speak on H.R. 2313, the Marine Renewable Energy Research and 
Development Act of 2007.
    As you know and I think this committee knows I am a very 
strong supporter of research and development for new energy 
technologies. I agree with the basic idea of this bill to 
provide federal support where appropriate for developing marine 
renewable energy. However, I had some concerns about the 
details of the bill as reported out of the Energy and 
Environment Subcommittee and that is why I and my colleagues 
plan to offer some amendments today. I will discuss my 
amendments in more detail when it is considered. For now, I 
want to briefly outline some of my concerns which the staff 
worked to address prior to this markup.
    H.R. 2313 authorizes a research program that will likely 
receive broad bipartisan support, yet the bill was developed 
with little consultation with the Minority. I am pleased to 
hear that a number of the amendments offered by the Minority 
will be accepted today. However, I would encourage us to try to 
work on these types of bipartisan issues in a more cooperative 
fashion early on in the future. Whether the problem with the 
lack of cooperation is on our side or their side is not 
important at this time. We just want to cooperate and work with 
you because we have a Chairman that is working in a bipartisan 
fashion with us, and we appreciate that.
    One issue that I was concerned with and am happy to hear 
that we are going to be correcting through an amendment is the 
lack of input by other agencies such as the National Oceanic 
and Atmospheric Administration that have expertise in ocean and 
coastal science. It was unclear to me the difference if any 
between Section 4, Marine Renewable Energy Research and 
Development, and Section 5 of the National Marine Renewable 
Energy Research and Development and Demonstration Centers. 
Section 4 directs that the Secretary of Energy to support 2313, 
Marine Renewable Energy Research Programs but does not explain 
how the Secretary should support these programs.
    I was also concerned that the language in Section 5 
restricts research to one geographic area of the country. I 
intend to offer an amendment to include all promising 
geographic areas of the United States for research and 
development activities. I was encouraged to hear this amendment 
would also be accepted. I think the concept between the 
legislation is something many of us on this committee can 
support. I think the amendments offered by my Republican 
colleagues will help make this a little bit better legislation.
    I have a question for Ms. Hooley or for Counsel, and it may 
take both of you to answer it and I will give plenty of time 
for you to give me a good answer. Ms. Hooley, I may be your 
best friend here because I am going to offer up something that 
in all likelihood you can outvote me. It will really make you 
look like you are standing up for the people that sent you 
here, which you are. But I will take any accommodation should 
you offer a list of your PAC funds or any other thing I can 
brag on my grandchildren, whatever you want to do to say thanks 
to me. But my question to you is, under Section 4 of H.R. 2313, 
it states that the Secretary shall support programs of research 
and development, demonstration, and commercial application, to 
expand the use of marine renewable energy production. Then, and 
I ask Counsel to watch and listen to me carefully, Section 5 of 
the bill directs the Secretary to provide grants to 
institutions of higher education to establish Centers to 
advance the research described in Section 4. My question is, is 
it your intention that the Centers are the only way the 
Secretary shall support marine renewable energy research? If 
you want to talk with Counsel there, I would appreciate that. 
You may need some help in answering that. May--not.
    Ms. Hooley. What we are looking for is coordination with 
all of the different agencies, and I think I have an amendment 
and I know with some of the amendments from the people on your 
side that this will be spread out. I mean, the only way we are 
going to make this viable is that everyone cooperate with 
everyone else. And so that is my intention.
    Mr. Hall. So I don't really know if that is a yes or a no, 
but if it is a no, I might ask what other mechanisms of support 
do you envision and do you have in your amendments? You have 
correcting amendments, is that----
    Ms. Hooley. That is correct.
    Mr. Hall.--your intent? Would the Secretary provide grants 
to universities and not call them Centers? If so, please point 
out to me which parts of the bill explain how the Secretary 
should support research outside of the Centers that are 
established?
    Chairman Gordon. With Ms. Hooley's permission----
    Ms. Hooley. Yes.
    Chairman Gordon.--we might ask Counsel to----
    Mr. Hall. Yeah, that is great.
    Ms. Hooley. Go ahead.
    Chairman Gordon.--if he would like to address the----
    The Counsel. Yes, the intent of the Center is to create an 
established location that, once established, would have 
undergone environmental vetting and all sighting and permitting 
requirements and would therefore allow easy sort of slotting in 
of testing of different prototype technologies in a well-chosen 
and well-vetted location. It was not intended to make those the 
only vehicle for funding R&D and ocean and marine power 
technologies. And so if there are other laboratories or 
university programs that are located elsewhere, they would 
certainly qualify for funding.
    Mr. Hall. Let me ask you directly. Will the Secretary spend 
part of the authorization at the DOE labs?
    The Counsel. It would be at the Secretary's discretion.
    Mr. Hall. And could the Secretary then at his discretion 
provide grants to universities but not call them centers?
    The Counsel. Yes.
    Mr. Hall. And then point out to me which parts of the bill 
explains how they should support this research outside of 
establishing Centers. Just direct me to that part.
    The Counsel. In Section 4, the Secretary, in conjunction 
with other appropriate agencies, shall support programs of 
research and development, demonstration and commercial 
application to expand marine renewable energy production.
    Mr. Hall. Mr. Chairman, is it unreasonable to ask you if it 
remains a little bit unclear to us that we work together to 
clarify this bill as it moves forward?
    Chairman Gordon. If it is unclear to you, clearly you need 
and deserve an answer and we will continue to do that. 
Hopefully the answer will be the one you want, but if not, you 
still deserve an answer to all your questions.
    Mr. Hall. I got a pretty good answer. It is not perfect, 
but pretty good for a government answer. And I will yield back 
my question. I thank you for that explanation. I thank Ms. 
Hooley.
    Chairman Gordon. Does anyone else wish to be recognized? 
Let me just quickly say, and then we will go onto the 
amendments, that our wave expert, Mr. Rohrabacher, was an 
original co-sponsor of this bill. He gave a lot of input. But 
the gentleman raised a point earlier in his comments and that 
was earlier consultation.
    Let me tell you. I remember very well in previous 
Congresses that bills would be developed in this committee, 
they would be vetted with outside groups, and then the Minority 
would get it right before we went to have a markup and we would 
have amendments, and they would mostly all be voted down. That 
wasn't a very good process. I don't like that. I didn't like it 
then. Clearly, amendments are being accepted now. If we had not 
brought the Minority in well enough, early enough, we need to 
do a better job. And we will try to do a better job, and I want 
you to know that I heard your comments on that and----
    Mr. Hall. I thank you.
    Chairman Gordon.--and we are going to act on it.
    Mr. Hall. And that was with a different Chairman and a 
different Ranking Member.
    Chairman Gordon. Right. So I am just not trying to again 
make accusations but say that we want to do a better job. I can 
personally understand your concerns, and we are going to try to 
do a better job.
    I ask unanimous consent that the bill is considered as read 
and open to amendment at any point and that the Members proceed 
with the amendments in the order on the roster. Without 
objection, so ordered.
    The first amendment on the roster is a manager's amendment 
offered by the gentlelady from Oregon. Are you ready to proceed 
with your amendment?
    Ms. Hooley. Yes, I have an amendment at the desk.
    Chairman Gordon. All right. The Clerk will report the 
amendment.
    The Clerk. Amendment to H.R. 2313 offered by Ms. Hooley of 
Oregon.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    Ms. Hooley is recognized for five minutes to explain the 
amendment.
    Ms. Hooley. Thank you, Mr. Chair. This is a very 
straightforward amendment regarding the sighting of marine 
renewable energy projects funded under this bill. Simply 
stated, the amendment creates a subsection to the R&D portion 
of the bill and requires the Secretary of Energy in conjunction 
with other appropriate federal agencies developing sighting 
criteria prior to the installation of demonstration projects 
funded under the bill. The development of this criteria will 
ensure that universities and industry are receiving the 
appropriate guidance needed from the relevant federal agencies 
prior to moving forward with marine renewable energy projects. 
This amendment will also help alleviate concerns that any 
potential impact of fish, wildlife, and the environment are 
being addressed as well. This is a good amendment and one that 
I believe improves the bill, and I urge my colleagues to 
support it.
    [The prepared statement of Ms. Hooley follows:]
          Prepared Statement of Representative Darlene Hooley
    Thank you Mr. Chairman.
    This is a very straightforward amendment regarding the siting of 
marine renewable energy projects funded under this bill.
    Simply stated the amendment creates a subsection to the R&D portion 
of the bill and requires the Secretary of Energy, in conjunction with 
other appropriate federal agencies, develop siting criteria prior to 
the installation of demonstration projects funded under this bill.
    The development of this criteria will ensure that universities and 
industry are receiving the appropriate guidance needed from the 
relevant federal agencies prior to moving forward with marine renewable 
energy projects.
    This amendment will also help alleviate concerns that any potential 
impacts to fish, wildlife and the environment are being addressed as 
well.
    This is a good amendment and one that I believe improves the bill 
and I urge my colleagues to support it.
    Thank you.

    Chairman Gordon. Is there further discussion on the 
amendment? If no, the vote occurs on the amendment. All in 
favor say aye, opposed no. The yea's have it. The amendment is 
agreed to.
    All right. The second amendment on the roster is offered by 
the gentleman from Florida, Mr. Dias-Balart. Are you ready to 
proceed with your amendment?
    Mr. Diaz-Balart. Yes, sir. Thank you. I have amendments at 
the desk.
    Chairman Gordon. The Clerk will report the amendments.
    The Clerk. Amendments to H.R. 2313 offered by Mr. Diaz-
Balart of Florida.
    Chairman Gordon. I ask unanimous consent that both of these 
amendments we dispense with the reading. Without objection, so 
ordered.
    The gentleman is recognized for five minutes to explain his 
amendments.
    Mr. Diaz-Balart. Thank you, Mr. Chairman. I won't take the 
five minutes, but I appreciate your courtesy. Well, I am not 
totally convinced that we need to create additional Centers as 
opposed to tapping those that are already doing it including 
universities, however, if we are going to do that, I think it 
is important, and I know the sponsor just mentioned that we at 
least use those Centers and coordinate those that are already 
doing it to not try to reinvent the wheel. These amendments are 
basically very similar to that, that DOE shall coordinate with 
NOAA on the selection of the Centers and certain criteria 
including advancing wave forecasting technologies. Again, we 
don't know as we have heard that NOAA's National Ocean and 
Science works to observe and understand and manage our nation's 
coastal and marine resources. So again, NOAA already has the 
knowledge, the capability, and the expertise in these areas. 
Therefore, it is only logical for them to play a role in this 
research and in these selections. So again, it simply insures 
that we use NOAA's expertise since it is already available and 
since it is already being paid for by the taxpayer.
    [The prepared statement of Mr. Diaz-Balart follows:]
         Prepared Statement of Representative Mario Diaz-Balart
    This amendment simply ensures that NOAA is consulted in Department 
of Energy Marine Renewable Energy programs.
    This amendment adds the Under Secretary of Commerce for Oceans and 
Atmosphere (NOAA) as a partner in studying and providing information on 
the environmental impacts of marine renewable energy technologies.
    NOAA is the main agency charged with overseeing the ocean 
community, and therefore it should be listed with EPA to work in 
conjunction with DOE on this project.
    It ensures that NOAA is effectively coordinating with the DOE on 
this ocean-related project.
    As all well know in this committee, NOAA also is the steward of 
national coastal and marine environments. NOAA coordinates with local, 
State, and federal authorities on the best management and usage of 
these environments.
    This amendment would also allow NOAA to work with DOE in 
establishing procedures for ocean community interaction with marine 
renewable energy devices.
    This expertise is already available. NOAA should be a valuable 
partner in this project.

    Chairman Gordon. And the gentleman, we are taking these 
amendments en bloc, and so if you would like to go into your 
third amendment.
    Mr. Diaz-Balart. Again, very similar. The other one 
basically simply ensures that NOAA's consulted in the 
Department of Energy and marine renewable energy programs, it 
ensures that NOAA is effectively coordinated with DOE on this 
ocean-related project. It adds the Undersecretary of Commerce 
for Oceans and Atmosphere as a partner in the studying and 
providing information. So it is basically, Mr. Chairman, again 
just to make sure that NOAA is consulted and is part of the mix 
as well.
    [The prepared statement of Mr. Diaz-Balart follows:]
         Prepared Statement of Representative Mario Diaz-Balart
    This amendment is very similar to the amendment that I previously 
offered.
    While I am not totally convinced that we need to create additional 
Centers to study marine renewable energy, NOAA's expertise in many of 
these fields should not be overlook.
    This amendments states that DOE shall coordinate with NOAA on the 
selection of the Centers on certain criteria.
    Criteria includes:

          advancing wave forecasting technologies

          studying the compatibility of the environment with 
        marine renewable energy technologies and systems

          establishing protocols for how the ocean community 
        best interacts with marine renewable energy devices

    Currently, NOAA's National Ocean Service (NOS) works to observe, 
understand, and manage our nation's coastal and marine resources. They 
measure and predict coastal and ocean occurrences, and provides tools 
and information to protect and restore coastal and marine resources.
    NOAA already has the knowledge, capability, and expertise in these 
areas, therefore it's only logical for them to play a role in the 
selection of these Marine Renewable Energy Centers.
    It simply insures that we use NOAA expertise that is already 
available.

    Chairman Gordon. Thank you. Are there any comments on the 
gentleman's amendments?
    Mr. Ehlers. Mr. Chairman, I move to strike the last word.
    Chairman Gordon. Mr. Ehlers is recognized for five minutes.
    Mr. Ehlers. Thank you, Mr. Chairman. I just wanted to rise 
and speak in strong support of this amendment. It is essential 
that NOAA be involved in these issues. There is no other agency 
in or out of the Federal Government that has greater knowledge 
of our marine resources, both physical and biological; and it 
is essential that they be involved here.
    Let me also take a moment, Mr. Chairman, to thank the 
sponsors of both of these bills we are discussing this morning.
    I have been advocating for 30 years that we were going to 
reach the end of our fossil fuel. I should say cheap fossil 
fuel era, and it is absolutely essential to look at and try to 
develop every possible alternative source of energy. These are 
two examples often overlooked but potentially very useful 
sources of energy, and I commend the sponsors of the bills. I 
commend you and the whole Committee for the work in speedily 
processing these bills.
    I yield back the balance of my time.
    Chairman Gordon. I am sure Mr. Bartlett would concur with 
your statement. If there is no further discussion, then the 
vote is on the amendment. All in favor of the amendments in 
block say aye, opposed no. The amendment is carried and is 
agreed to.
    The fourth amendment on the roster is offered by the 
gentleman from Maryland, Mr. Bartlett. Are you ready to proceed 
with your amendment?
    Mr. Bartlett. Thank you, Mr. Chairman. I have an amendment 
at the desk.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 2313 offered by Mr. Roscoe 
Bartlett of Maryland.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    The gentleman is recognized for five minutes to explain his 
amendment.
    Mr. Bartlett. Thank you, Mr. Chairman. Again, I want to 
recognize support from both sides of the aisle. It is a very 
simple amendment. If we are going to be doing development of 
energy from marine renewable sources, clearly the development 
of corrosive-resistant materials may be very essential. In 
those developments, it is a very unique and corrosive 
environment. So this amendment simply adds to the list of 
marine renewable energy programs supported, the development of 
corrosive-resistant materials.
    Thank you very much. I yield back.
    Chairman Gordon. Is there further discussion on the 
amendment? If no, the vote occurs on this good amendment. All 
in favor say aye, opposed no. The aye's have it. The amendment 
is agreed to.
    The fifth amendment on the roster is offered by the 
gentleman from Texas. Are you ready to proceed with your 
amendment?
    Mr. Hall. Mr. Chairman, I have an amendment at the desk.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 2313 offered by Mr. Bartlett.
    Chairman Gordon. No, by Mr. Hall. The fifth amendment. 
Fourth was passed.
    The Clerk. Amendment to H.R. 2313 offered by Mr. Hall of 
Texas.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    The gentleman is recognized for five minutes to explain his 
amendment.
    Mr. Hall. Mr. Chairman, this amendment would change the 
bill to ensure the resources authorized under the bill were 
dedicated to the research and development activities that have 
the most potential for payoff in terms of developing 
alternative sources of energy. The bill as currently drafted 
restricts the research and development activities to certain 
parts of the country establishing a Center in only part of the 
country. It disregards benefits which could be gained by 
research in other geographic locations. My amendment would 
simply replace this approach with a more equitable approach 
that allows the Secretary to dedicate resources to any research 
and development programs he believes will yield the best 
opportunities for new energy sources regardless of which area 
of the country the site of the research is in. My amendment 
adds the Gulf of Mexico, the Atlantic Ocean, and the Pacific 
Ocean as potential new sites for dedication of research and 
development grant funds. It also adds additional criteria for 
the Secretary to consider in choosing sites for research and 
development to ensure that the funds are used for research with 
the most potential for developing alternative sources of energy 
utilizing marine resources. We think that makes good common 
sense. The amendment directs the Secretary to consider sites 
that meet one of the following criteria. One, host an existing 
marine renewable energy research and development program in 
coordination with the public university engineering program. 
Two, has proven expertise to support environmental and policy-
related issues associated with harnessing of energy and marine 
environment. Three, has access to and utilizes the marine 
resources in the Gulf of Mexico, the Atlantic Ocean or the 
Pacific Ocean. My amendment also allows the Secretary to give 
special consideration, and this was done at my request because 
I am a member of the board of the longest-standing black 
college and land-grant university in the Southwest. It also 
meets one of these criteria. I would like for them to have a 
shot at it. I urge my colleagues to support this amendment.
    Chairman Gordon. Is there further discussion on the 
amendment? If no, the vote occurs on this good amendment. All 
in favor say aye, opposed no. The aye's have it. The amendment 
is agreed to.
    The sixth amendment on the roster is offered by the 
gentleman from Nebraska, Mr. Smith. Are you ready to proceed 
with your amendment?
    Mr. Smith of Nebraska. I am, Mr. Chairman.
    Chairman Gordon. And there is an amendment at the desk, and 
the Clerk will report that amendment.
    The Clerk. Amendment to H.R. 2313 offered by Mr. Smith of 
Nebraska.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    The gentleman is recognized for five minutes to explain the 
amendment.
    Mr. Smith of Nebraska. Thank you, Mr. Chairman, and 
Members. My amendment would add algae biomasses and other form 
of marine renewable energy and provide the technologies for the 
production of energy from algae biomass would be one of the 
areas for research and development. Biomass can be efficiently 
converted to biodiesel and used for many types of internal 
combustion engines, and algae production rates can be more than 
five times those of land plants. Furthermore, algae can be 
grown in many types of marine environment including coastal 
lakes and ponds, and it is also possible to combine algae 
production with electric power generation and use the carbon 
dioxide ways to fuel algae production.
    The current language of the bill focuses research on heat 
energy and kinetic energy. My amendment simply expands this 
research to include another potential renewable energy source 
widely available in the oceans. In addition, the amendment 
allows the Secretary to make a determination to develop 
resources to the most viable, cost-effective source of marine 
renewable energy available.
    Mr. Chairman, this nation is confronted with the reality 
that prices for motor fuel continue to rise due to the 
volatility of the price of foreign supplies of crude oil. 
Therefore we should be exploring any and all viable forms of 
research and development in the area of marine renewable 
energy, whether it is for the production of electricity or 
motor fuels. This is consistent with our goal of energy 
independence.
    Mr. Chairman, I do plan to withdraw this amendment 
considering that I have received assurances from you and the 
Committee to work together to incorporate algae biomass in the 
biofuels bill to be considered by the Committee in the near 
future. I look forward to continuing consideration and work on 
this important issue.
    Mr. Lampson. Will the gentleman yield?
    Mr. Smith of Nebraska. Yes.
    Mr. Lampson. If the gentleman would consider doing so, I 
would greatly appreciate the gentleman from Nebraska raising 
the issue of biodiesel development from algal biomass. Clearly 
we need to be looking at multiple feedstocks and platforms for 
the development of biodiesel and other biofuels. Texas A&M as 
an example and others have an ongoing research program on the 
use of algal biomass for biodiesel development, and I am told 
that this research is progressing well. Though I agree with the 
gentleman that more research is needed in this area and 
recognize the need to explore this new and cutting-edge 
research, I must note that this work would be best addressed in 
the context of a biofuels bill and not an ocean energy bill. As 
the gentleman may be aware, tomorrow the Energy and Environment 
Subcommittee will hold a hearing on the subject of biofuels 
that will include discussion of a draft bill I released earlier 
this week. It is my expectation that the Subcommittee will 
consider this bill shortly.
    If the gentleman is to withdraw his amendment today, he has 
my commitment that as we move forward on biofuels legislation, 
I will work with him on the issue of biodiesel from algal 
biomass and try to find the most appropriate way to address the 
issue in the biofuels legislation. And I yield back my time.
    Mr. Smith of Nebraska. And I thank you. Mr. Chairman, I do 
withdraw this amendment. Thank you.
    [The prepared statement of Mr. Smith follows:]
           Prepared Statement of Representative Adrian Smith
Mr. Chairman and Members of the Committee,

    My amendment would add algal biomass as another form of marine 
renewable energy and provide that technologies for the production of 
energy from algal biomass should be one of the areas for research and 
development.
    Biomass can be efficiently converted to biodiesel and used for many 
types of internal combustion engines, and algae production rates can be 
more than five times those of land plants. Furthermore, algae can be 
grown in many types of marine environments, including coastal lakes and 
ponds, and it is also possible to combine algal production with 
electric power generation and use the carbon dioxide waste to fuel 
algal production.
    The current language of the bill focuses research on heat energy 
and kinetic energy; my amendment simply expands this research to 
include another potential renewable energy source widely available in 
the oceans. In addition, the amendment allows the Secretary to make a 
determination to devote resources to the most viable, cost-effective 
source of marine renewable energy available.
    Mr. Chairman, this nation is confronted with the reality that 
prices for motor fuel continue to rise due to the volatility of the 
price of foreign supplies of crude oil. Therefore we should be 
exploring any and all viable forms of research and development in the 
area of marine renewable energy, whether it is for the production of 
electricity or motor fuels. This is consistent with our goal of energy 
independence.
    Mr. Chairman, I plan to withdraw this amendment. I have received 
assurances you and the Committee will work with me to incorporate algal 
biomass in the biofuels bill to be considered by the Committee in the 
near future, and I look forward to continuing consideration and work on 
this important issue.

    Chairman Gordon. And I thank both gentlemen for a good 
conclusion to that issue.
    The seventh amendment on the roster is offered by the 
gentleman from Georgia, Mr. Gingrey. Are you ready to proceed 
with your amendment?
    Mr. Gingrey. I am, Mr. Chairman.
    Chairman Gordon. And you have an amendment at the desk, and 
the Clerk will report the amendment.
    The Clerk. Amendment to H.R. 2313 offered by Mr. Gingrey of 
Georgia.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    The gentleman is recognized for five minutes to explain his 
amendment.
    Mr. Gingrey. Mr. Chairman, thank you. And first of all, let 
me just say that I think this is a great bill, H.R. 2313. The 
gentlelady from Oregon, Ms. Hooley, I commend her on bringing 
this to the Full Committee.
    My amendment, Mr. Chairman, and I hope that it will be 
acted favorably upon, you know, basically is concerned for 
physical management and a restraint and not duplication. And 
basically if you look at the Energy Policy Act of 2005, here is 
what I am referring to and this is what it says in one of the 
sections of EPACT of 2005. The Secretary shall conduct 
research, development, demonstration, and commercial 
application programs for energy, ocean energy, including wave 
energy. This language is actually found in Subtitle C of the 
Energy Policy Act of 2005. So basically, does this mean that in 
the bill that we are discussing today that the Secretary has to 
decide between two competing sections of two different bills? 
So basically this amendment says that you can't spend money at 
the same time on both programs. So, Mr. Chairman, that in 
essence is the amendment that I am submitting, and I ask for 
favorable consideration. And I yield back.
    Chairman Gordon. Thank you, Dr. Gingrey. Is there further 
discussion on the amendment?
    Mr. Bartlett. Mr. Chairman?
    Chairman Gordon. Yes, Dr. Bartlett.
    Mr. Bartlett. I would just like to----
    Chairman Gordon. Dr. Bartlett is recognized for five 
minutes.
    Mr. Bartlett. Thank you. I would just like some 
clarification. In a former life I was a basic researcher, and I 
very frequently applied for money through grants and contracts 
from different government organizations to do work on the same 
general area. And the clarification I would like is, is this to 
prohibit people from getting duplicate funding to do exactly 
the same thing? I hope that it wouldn't prohibit them from 
getting funding from these two different sources to amplify 
what they are doing.
    Mr. Gingrey. In response, if the gentleman will yield. In 
response to Dr. Bartlett, it is just to keep them from spending 
the same dollars on the exact same research. I think this is an 
excellent bill as I said at the outset of my remarks, but the 
section in EPACT, the Energy Policy Act of 2005, essentially 
allows the same funding and it just simply says that we are not 
going to, in amending this bill, we are not going to allow 
duplication of that. I don't know exactly what the gentleman 
objects to in regard to that, but certainly I would hope that 
you would be in favor of non-duplication and wasteful spending 
and have overlapping programs which seem to me as a very 
inefficient way to spend the taxpayers' dollars.
    Mr. Bartlett. I reclaim my time. I certainly am opposed to 
having overlapping programs and getting money twice for doing 
exactly the same thing. I hope that the language in the 
amendment does not prohibit a person who is getting money under 
the EPACT authorization from getting money from additional 
sources because very frequently researchers go to several 
different sources to get monies to carry out their research and 
development program.
    Mr. Gingrey. If the gentleman will yield? And I don't think 
that it does that, Dr. Bartlett, and of course, I would be 
perfectly willing to defer to Counsel in regard to 
interpretation of that amendment if necessary; but I clearly do 
not think that it does that.
    Mr. Bartlett. Thank you very much for that clarification.
    Chairman Gordon. To Dr. Gingrey and Dr. Bartlett, the 
Majority tried to vet that amendment, feels like it is a good 
amendment, and agreed to accept and vote for it. So I feel 
bound by that. Dr. Bartlett has good first-person real-world 
knowledge here, and what I think we should do is proceed with 
the amendment. I would like to continue that discussion. If 
there needs to be some fine tuning in a manager's amendment 
later or at conference, then that will be done. But Dr. 
Bartlett brings valuable information to the table on this.
    Is there further discussion? If no, the vote will occur on 
the amendment. All in favor say aye, those opposed no. The 
amendment is agreed to.
    The eighth amendment on the roster is offered by the 
gentleman from Missouri, Mr. Akin. Are you ready to proceed 
with your amendment?
    Mr. Akin. Thank you, Mr. Chairman, yes, and I would 
likewise compliment you and Mr. Hooley on the bill and on your 
objectives.
    Chairman Gordon. You have an amendment at the desk?
    Mr. Akin. I do have an amendment at the desk.
    Chairman Gordon. The Clerk will report that amendment 
number eight.
    The Clerk. Amendment to H.R. 2313 offered by Mr. Akin.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    The gentleman is recognized for five minutes to explain his 
amendment.
    Mr. Akin. Thank you, Mr. Chairman. This is one of those 
things that is so common sense I would think that most people 
that would apply for a grant would do this naturally anyway, 
but it simply says that when you make the application for the 
grant that you need to explain why federal support is necessary 
and give evidence that if the federal support weren't there, 
that then the project would not receive funding. The point of 
this is if private people are already funding something, we 
could get a little bit more squeal out of our nickel federally 
if we put it into places where there's a project that will not 
be funded.
    So this simply just says you have got to make a 
justification for why we need to have the federal funding 
because if the federal funding weren't there, then the project 
wouldn't be funded. So I think it's kind of a common-sense 
thing but was offered as a friendly suggestion and improvement 
to the bill, Mr. Chairman.
    Chairman Gordon. Is there further discussion on the 
amendment? If no, the vote occurs on this good amendment. All 
in favor say aye, opposed no. The aye's appear have it and the 
amendment is agreed to.
    Are there any further amendments? If not, then the vote is 
on the bill, H.R. 2313 as amended. All those in favor will say 
aye, all those opposed no. In the opinion of the Chair, the 
ayes have it.
    We have a little bit more to do, but let me just say before 
we start losing people, thank you for your attendance today. I 
know that it sometimes sounds a little bit mechanical once we 
get here, but the reason for that is that there has been a lot 
of consultation, things have been worked out. As I say, we have 
made a better bill better. Our friend from the Midwest makes us 
realize that there is a Midwest and not just an east and west 
of the Mississippi, Mr. Hall has brought to us an oil-and-gas 
view, and I thank all of you for being here.
    Let me also say, I think we have passed 22 bills out. All 
22 have been bipartisan. I hope this one will be unanimous 
today. And by being unanimous, that means we are all for it, we 
all should take credit for it; and I thank you and I also take 
Mr. Hall's earlier advice that we need to do more earlier and 
we are going to do that. And so now I recognize Mr. Hall to 
offer a motion.
    Mr. Hall. Mr. Chairman, I move that the Committee favorably 
report H.R. 2313 as amended to the House with a recommendation 
that the bill do pass. Furthermore, I move that the staff be 
instructed to make necessary technical and conforming changes, 
and that the Chairman take all necessary steps to bring the 
bill before the House for consideration.
    I yield back my time.
    Chairman Gordon. The question is on the motion to report 
the bill favorably. Those in favor of the motion will signify 
by saying aye, opposed no. The ayes have it. The bill is 
favorably reported.
    Without objection, the motion to reconsider is laid upon 
the table. The Members will have two subsequent calendar days 
in which to submit supplemental Minority or additional views on 
the measure, ending Monday, June 18, at 9:00 a.m. I move 
pursuant to clause 1 of Rule 22 of the Rules of the House of 
Representatives that the Committee authorize the Chairman to 
offer such motions as may be necessary in the House to adopt 
and pass H.R. 2313, the Marine Renewable Energy Research and 
Development Act of 2007, as amended. Without objection, so 
ordered.
    I want to thank the Members for their attendance, and this 
concludes our markup.
    [Whereupon, at 11:25 a.m., the Committee was adjourned.]






                               Appendix:

                              ----------                              


 H.R. 2313, as amended by the Subcommittee on Energy and Environment; 
                            Amendment Roster




                  COMMITTEE ON SCIENCE AND TECHNOLOGY

                 SUBCOMMITTEE ON ENERGY AND ENVIRONMENT

                    REPORT FROM SUBCOMMITTEE MARKUP

                              JUNE 6, 2007

            H.R. 2313, the Marine Renewable Energy Research
                      and Development Act of 2007

I. Purpose

    The purpose of the H.R. 2313 is to establish research, development, 
demonstration, and commercial application programs for marine renewable 
energy technologies.

II. Background and Need for Legislation

    For purposes of H.R. 2313, Marine Renewable Energy refers to energy 
that can be extracted from ocean waves, tidal flows, ocean currents, or 
ocean thermal gradients. (In some contexts the term may also encompass 
offshore wind developments, but that is beyond the scope of H.R. 2313.) 
Although envisioned primarily as a means of electric power production, 
there is potential for marine energy technologies to provide ancillary 
services, such as desalination of sea water or cold-water air 
conditioning onshore.
    Moving water contains a high energy concentration, measured in 
watts per meter (for waves) or watts per square meter (for tides and 
currents), compared with other renewable energy resources, such as wind 
and solar. This creates an opportunity to extract comparable amounts of 
energy with a smaller apparatus. Other benefits of marine renewable 
energy include the vast size of the resource (the Electric Power 
Research Institute has estimated that marine renewables could provide 
10 percent of the United States' electricity needs); it is a domestic 
resource; it is a predictable resource (waves can be predicted as far 
as three days in advance, and all other marine renewables can be 
predicted indefinitely into the future); there are no fuel costs; it is 
non-emitting source of power production; and the devices have a low 
profile, which makes them unlikely to incur opposition on aesthetic 
grounds (unlike offshore wind installations).
    The challenge lies in developing technologies to effectively and 
efficiently harness the energy contained in ocean movement or thermal 
gradients. The potential of marine renewable energy technologies has 
been debated for many years, but they appear to be on the verge of a 
technological breakthrough. Prototypes or small pilot installations 
have recently been hooked into the power grid in Australia, Portugal, 
the United Kingdom, and the United States.
    National governments in Europe and Australia are aggressively 
supporting their nascent marine renewable energy companies, primarily 
motivated by the potential of these technologies to provide non-
emitting electric power production and/or desalination services. In 
contrast, the United States is currently providing no federal support 
for marine renewable energy technology research and development.
    H.R. 2313 would provide federal support for technology research, 
development, demonstration, and commercial application to ensure that 
U.S. companies have the support they need to bring their technologies 
to commercial viability and can be competitive in this emerging global 
market. The bill would also provide support to ensure that emerging 
technologies are developed in an environmentally sensitive way.

III. Subcommittee Actions

    On May 15, 2004, Science and Technology Committee Member Darlene 
Hooley, for herself, Rep. Dana Rohrabacher, and Rep. Jay Inslee 
introduced H.R. 2313, the Marine Renewable Energy Research and 
Development Act of 2007. Since introduction, two additional co-sponsors 
have signed onto the bill.
    The Energy and Environment Subcommittee held a hearing on Thursday, 
May 17, 2007 to hear testimony on H.R. 2313 (and also H.R. 2304, the 
Advanced Geothermal Energy Research and Development Act of 2007) from 
the following witnesses:

          Dr. Annette von Jouanne, Professor of Energy Systems 
        and Power Electronics in the School of Electrical Engineering 
        and Computer Science at Oregon State University (OSU). Dr. von 
        Jouanne also leads the Wave Energy program at OSU.

          Mr. Sean O'Neill, President of the Ocean Renewable 
        Energy Coalition (OREC), a trade association representing the 
        marine renewable energy industry.

          Mr. Nathanael Greene, a Sr. Energy Policy Specialist 
        with the Natural Resources Defense Council with expertise in 
        utility regulation, renewable energy, energy taxes, energy 
        efficiency, and the environmental impacts of energy production.

          Dr. Jefferson Tester, the HP Meissner Professor of 
        Chemical Engineering at the Massachusetts Institute of 
        Technology, an internationally recognized expert in Enhanced 
        Geothermal Systems, and Chair of the MIT-led panel that 
        produced the report: The Future of Geothermal Energy, released 
        in January, 2007.

          Mr. Paul Thomsen, Public Policy Manager for Ormat 
        Technologies, Inc., a leading provider of geothermal 
        exploration, development, and power conversion technologies. 
        Mr. Thomsen testified on behalf of both Ormat and the 
        Geothermal Energy Association.

    The Subcommittee on Energy and Environment met to consider H.R. 
2313 on June 6, 2007 and consider the following amendment to the bill:

        1.  On behalf of Mr. Lampson which strengthens the provision 
        for studying the environmental impacts of marine renewable 
        energy technologies and ways to address adverse environmental 
        impacts; directs the Secretary to provide public information 
        concerning technologies and other means available for 
        monitoring and determining environmental impacts; and affirms 
        the applicability of all federal and State laws, including 
        environmental laws and permitting requirements, to projects 
        funded under this Act. The amendment was agreed to by voice 
        vote.

    Mr. Inglis moved that the Subcommittee favorably report the bill, 
H.R. 2313, to the Full Committee on Science and Technology. The motion 
was agreed to by a voice vote.

IV. Summary of Major Provisions of the Bill

    H.R. 2313 authorizes $50 million a year for each of the fiscal 
years 2008-2012 (a total of $250 million) to fund research, 
development, demonstration, and commercial application of marine 
renewable energy technologies. The bill specifically instructs the 
Secretary to support programs to: reduce the manufacturing and 
operation costs of marine renewable energy technologies, investigate 
integration of such technologies with the grid, advance wave 
forecasting technologies, optimize marine renewable technology devices, 
increase their reliability, coordinate with the EPA to study the 
environmental impact of marine renewable energy technologies and ways 
to address adverse impacts, establish protocols for how the ocean 
community may best interact with marine renewable energy devices, 
develop power measurement standards, and develop identification 
standards. The bill also provides for grants to institutions of higher 
education for the establishment of one or more National Marine 
Renewable energy Research, Development, and Demonstration Centers.

V.  Section-by-Section Analysis of the Bill, as reported by the 
                    Subcommittee

Section 1. Short Title

    Act may be cited as the ``Marine Renewable Energy Research and 
Development Act of 2007.''

Section 2. Findings

    Marine energy sources--including waves, tidal flows, ocean 
currents, and thermal gradients--are clean, renewable, domestic sources 
of energy that have the potential to provide significant amounts of 
electricity to the Nation's power grid. Technologies designed to 
harness marine energy sources are already providing grid power in 
Europe. Recent studies have identified an abundance of viable sites for 
marine energy production in coastal areas of the United States, but 
expanded R&D is necessary to further develop the related technologies 
and hasten their commercial application. Federal support can be 
instrumental in hastening the development of marine renewable energy 
technologies and reducing the risk of investing in these areas.

Section 3. Definitions

    Provides definitions for the following terms used in the Act: 
`Marine Renewable Energy' (includes usable energy derived from waves, 
tidal flows, ocean currents, and thermal gradients), and `Secretary.'

Section. 4.  Marine Renewable Energy Research and Development

    Instructs the Secretary to support programs of research, 
development, demonstration, and commercial application of marine 
renewable energy technologies. Areas of activity shall include: 
studying and comparing existing technologies, developing improved 
technologies, reducing costs of manufacture and operation, 
investigating integration with power grid, improving wave forecasting 
technologies, optimizing placement of devices, increasing reliability 
and survivability, studying technology compatibility with the 
environment, protocols for interacting with devices, and developing 
power measurement standards.

Section 5.  Marine Renewable Energy Research and Demonstration Centers

    Calls for the establishment of one or more Centers for the 
research, development, and demonstration of marine renewable 
technologies. Such Centers shall serve as permanent installations in 
environmentally approved areas where prototype technologies can be 
tested in connection with the power grid. Centers shall also serve as 
clearinghouses of industry relevant information. Sites for Centers 
shall be chosen on the basis of accessibility to appropriate marine 
energy resources and proximity to an existing marine renewable energy 
research and development program.

Section 6. Applicability of Other Laws

    Affirms the applicability of all requirements under federal and 
State laws, including environmental laws, to projects undertaken under 
this Act.

Section 7. Authorization of Appropriations

    Authorizes appropriations of $50,000,000 for each of the fiscal 
years 2008 through 2012.



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