59–006 

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 


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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 


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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. 


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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 reVerDate Aug 31 2005 06:31 Jun 26, 2007 Jkt 059006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR202.XXX HR202

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newable 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. 


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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 


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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 


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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 realworld 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. 


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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 


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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. 


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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. 


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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. 


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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. 


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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 userfriendly 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. 


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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 


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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. 


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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.] 


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Appendix: 

H.R. 2313, SECTION-BY-SECTION ANALYSIS, AMENDMENT ROSTER


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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. 


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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. 


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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. 


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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 


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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 


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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. 


bajohnson on PROD1PC69 with REPORTS
36 

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 


bajohnson on PROD1PC69 with REPORTS
37 

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 


bajohnson on PROD1PC69 with REPORTS
38 

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 


bajohnson on PROD1PC69 with REPORTS
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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. DiazBalart 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:] 


bajohnson on PROD1PC69 with REPORTS
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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 


bajohnson on PROD1PC69 with REPORTS
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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. 


bajohnson on PROD1PC69 with REPORTS
42 

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 proVerDate Aug 31 2005 06:31 Jun 26, 2007 Jkt 059006 PO 00000 Frm 00042 Fmt 6601 Sfmt 6601 E:\HR\OC\HR202.XXX HR202

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duction 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:] 


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44 

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. 


bajohnson on PROD1PC69 with REPORTS
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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? 


bajohnson on PROD1PC69 with REPORTS
46 

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. 


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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.] 


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Appendix: 

H.R. 2313, AS AMENDED BY THE SUBCOMMITTEE ON ENERGY AND

ENVIRONMENT; AMENDMENT ROSTER


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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. 


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• 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.’ 


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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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