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                                                       Calendar No. 261
116th Congress  }                                            {   Report
                                 SENATE
 1st Session    }                                            {  116-141

======================================================================



 
           MARINE ENERGY RESEARCH AND DEVELOPMENT ACT OF 2019

                                _______
                                

                October 23, 2019.--Ordered to be printed

                                _______
                                

        Ms. Murkowski, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 1821]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1821) to amend the Energy Independence 
and Security Act of 2007 to provide for research on, and the 
development and deployment of, marine energy, and for other 
purposes, having considered the same, reports favorably thereon 
with amendments and recommends that the bill, as amended, do 
pass.

                               Amendments

    The amendments are as follows:
    On page 6, line 14, strike ``and''.
    On page 7, line 2, strike ``abroad.'' and insert ``abroad; 
and''.
    On page 7, between lines 2 and 3, insert the following:
          ``(14) to assist in the development of technology 
        necessary to support the use of marine energy--
                  ``(A) for the generation and storage of power 
                at sea, including in applications relating to--
                          ``(i) ocean observation and 
                        navigation;
                          ``(ii) underwater vehicle charging;
                          ``(iii) marine aquaculture;
                          ``(iv) production of marine algae; 
                        and
                          ``(v) extraction of critical minerals 
                        and gasses from seawater;
                  ``(B) for the generation and storage of power 
                to promote the resilience of coastal 
                communities, including in applications relating 
                to--
                          ``(i) desalination;
                          ``(ii) disaster recovery and 
                        resilience; and
                          ``(iii) community microgrids in 
                        isolated power systems; and
                  ``(C) in any other applications, as 
                determined by the Secretary.

    On page 9, line 17, strike ``$150,000,000'' and insert 
``$160,000,000''.
    On page 9, after line 18, insert the following:

SEC. 7. STUDY OF ENERGY INNOVATION IN MARINE TRANSPORTATION AND 
                    INFRASTRUCTURE RESILIENCE.

    (a) In General.--The Secretary of Energy, in consultation 
with the Secretary of Transportation and the Secretary of 
Commerce, shall conduct a study to examine opportunities for 
research and development in advanced marine energy 
technologies--
          (1) to support the maritime transportation sector to 
        enhance job creation, economic development, and 
        competitiveness;
          (2) to support associated maritime energy 
        infrastructure, including infrastructure that serves 
        ports, to improve system resilience and disaster 
        recovery; and
          (3) to enable scientific missions at sea and in 
        extreme environments, including the Arctic.
    (b) Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Energy shall submit to 
the Committee on Energy and Natural Resources of the Senate and 
the Committee on Science, Space, and Technology of the House of 
Representatives a report that describes the results of the 
study conducted under subsection (a).

                                Purpose

    The purpose of S. 1821 is to amend the Energy Independence 
and Security Act of 2007 (EISA, Public Law 110-140) to provide 
for research on, and the development and deployment of, marine 
energy.

                          Background and Need

    Marine energy, as defined in S. 1821, is a form of 
hydropower that generates energy from free-flowing waters, such 
as waves, currents, estuaries, or tidal areas, as well as from 
the free-flowing water in a river, lake, stream, or manmade 
channel. Marine energy differs from conventional hydropower in 
that it generates electricity without the use of a dam or other 
impoundment.
    The United States has significant wave, tidal, current, and 
in-stream energy resource potential. Marine energy could 
provide a renewable, clean source of energy to the nearly 30 
percent of the population living in coastline counties. 
According to resource assessments in the Department of Energy's 
(DOE or Department) 2015 Quadrennial Technology Review, the 
total U.S. technical resource potential for marine energy is 
1250 to 1850 terawatt-hours of generation per year.
    Research and development (R&D) into these technologies is 
still in its early stages. The first grid-connected wave energy 
technology is located in Hawaii at the Navy's Wave Energy Test 
Site, off the coast of Marine Corps Base Hawaii at Kaneohe Bay, 
which is run in collaboration with DOE's Hawaii National Marine 
Renewable Energy Center.
    In addition, a consortium of universities is developing a 
test site to facilitate the advancement of wave energy 
converters off the coast of Newport, Oregon, as part of DOE's 
Northwest National Marine Renewable Energy Center. The project 
consists of two sites--PacWave North, located in State waters, 
and PacWave South, located in Federal waters. Oregon State 
University submitted a final license application to the Federal 
Energy Regulatory Commission on May 30, 2019, for the PacWave 
South facility.
    S. 1821 is intended to help commercialize marine energy 
technologies through an R&D program to accelerate the role of 
marine energy production in domestic energy supply and the 
establishment of National Marine Energy Centers, which advance 
research, development, and demonstration of marine energy 
technologies.

                          Legislative History

    S. 1821 was introduced by Senator Wyden, for himself and 
Senators Merkley, King, Schatz, and Reed, on June 12, 2019. 
Senator Hirono was later added as a cosponsor. The Subcommittee 
on Energy held a hearing on the measure on September 11, 2019.
    Companion legislation, H.R. 3203, was introduced in the 
House of Representatives by Representative Deutch (D-FL) on 
June 11, 2019, and referred to the Science, Space, and 
Technology Committee.
    During the 115th Congress, Senator Wyden introduced similar 
legislation, S. 1036, on May 3, 2017. Senators Hirono, King, 
Merkley, Schatz, and Reed were cosponsors. Similar language was 
included in S. 1460, the Energy and Natural Resources Act of 
2017. S. 1460 was introduced by Senators Murkowski and Cantwell 
on June 28, 2017, and placed directly on the Legislative 
Calendar (Cal. 162).
    During the 114th Congress, Senator Wyden introduced similar 
legislation, S. 1058, for himself and Senators King, Merkley, 
and Schatz, on April 22, 2015. The Committee on Energy and 
Natural Resources held a hearing on the bill on May 19, 2015 
(S. Hrg. 114-118). A similar measure was included in S. 2012, 
the Energy Policy Modernization Act of 2016. An original bill, 
S. 2012 was reported by the Committee on Energy and Natural 
Resources on July 30, 2015, and passed by the Senate, as 
amended, on April 26, 2016, by a vote of 85-12.
    Companion legislation, H.R. 2220, was introduced in the 
House of Representatives by Representative Deutch (D-FL) on May 
1, 2015, and referred to the Science, Space, and Technology 
Committee.
    During the 113th Congress, Senators Wyden and Murkowski 
introduced similar legislation, S. 1419. Senators King, 
Merkley, and Schatz were later added as cosponsors. On August 
1, 2013, the Subcommittee on Water and Power held a hearing on 
the bill on February 27, 2014 (S. Hrg. 113-284), and the 
measure was reported from the Energy and Natural Resources 
Committee on November 13, 2014 (S. Rept. 113-294).
    Companion legislation, H.R. 5335, was introduced in the 
House of Representatives by Representative Deutch on July 31, 
2014, and referred to the Science, Space, and Technology 
Committee and the Energy and Commerce Committee.
    The Senate Committee on Energy and Natural Resources met in 
open business session on September 25, 2019, and ordered S. 
1821 favorably reported, as amended.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 25, 2019, by a majority 
voice vote of a quorum present, recommends that the Senate pass 
S. 1821, if amended as described herein. Senators Barrasso, 
Risch, and Lee asked to be recorded as voting no.

                          Committee Amendments

    During its consideration of S. 1821, the Committee adopted 
several amendments. The amendments add generation and storage 
of power at sea as an authorized activity for the marine energy 
R&D program at DOE, and requires the Secretary of Energy 
(Secretary) to conduct a study to examine the opportunities for 
research on maritime energy and transportation infrastructure. 
An amendment was also adopted to increase the authorization 
amount for fiscal years (FYs) 2020 and 2021 from $150 million 
to $160 million.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 sets forth the short title of the bill.

Section 2. Purpose

    Section 2 states that the bill's purpose is to support 
marine energy programs that promote R&D of increased marine 
energy at reduced costs and improved environmental outcomes, as 
well as grid stability and job creation.

Section 3. Definition of marine energy

    Section 3 amends section 632 of EISA to replace the defined 
term ``marine and hydrokinetic renewable energy'' with a new 
definition of ``marine energy.'' It also makes conforming 
changes to EISA.

Section 4. Marine energy research and development

    Section 4 amends section 633 of EISA to replace the 
existing marine and hydrokinetic renewable energy R&D program 
with the new marine energy R&D program.
    The revised subsection 633(a) directs the Secretary, acting 
through the Director of the Water Power Technologies Office, to 
carry out a program to accelerate marine energy production in 
the U.S. energy supply. The subsection specifies that the 
program shall also foster research, development, demonstration, 
and commercial application of technology, including programs to 
accomplish the following: (1) assist technology development to 
improve the components, processes, and systems used for power 
generation from marine energy resources; (2) establish and 
expand testing of marine energy devices; (3) participate in 
marine energy demonstration projects; (4) investigate the 
efficient and reliable integration of marine energy with the 
electric grid; (5) create a sustainable marine energy supply 
chain; (6) increase the reliability and survivability of marine 
energy technologies; (7) verify new marine energy device 
designs and system components; (8) consider the protection of 
critical infrastructure; (9) coordinate with other Department 
offices, Federal agencies, and industry; (10) identify 
opportunities for joint R&D programs; (11) identify 
environmental impacts; (12) identify navigational impacts; (13) 
support in-water technology development with international 
partners; and (14) assist in developing technology to support 
generation and storage of power at sea and power to promote the 
resilience of coastal communities.
    The revised subsection 633(b) requires the Secretary to 
carry out the program in accordance with the cost sharing 
requirements of sections 988 and 989 of the Energy Policy Act 
of 2005 (EPAct '05, Public Law 109-58).

Section 5. National marine energy centers

    Section 5 amends section 634 of EISA to authorize the 
Secretary to establish National Marine Energy Centers 
(Centers).
    The revised section 634(a) directs the Secretary to award 
grants to institutions of higher education to maintain existing 
Centers and establish new Centers. This section further 
specifies criteria for the Secretary to consider in selecting 
locations for new Centers, including hosting an existing marine 
energy R&D program in coordination with an engineering program 
and having access to marine resources.
    The revised section 634(b) states that the Centers will 
coordinate with the Department, the National Laboratories, and 
other Centers to advance research, development, and 
demonstration of marine energy technologies, support testing of 
such technologies, and disseminate information on best 
practices for marine energy resources.
    The revised subsection 634(c) requires the Secretary to 
carry out the program in accordance with the cost sharing 
requirements of section 988(b)(4) of EPAct '05.

Section 6. Authorization of appropriations

    Section 6 amends section 636 of EISA to authorize $160 
million for each of FYs 2020 and 2021 to carry out the 
activities in this bill.

Section 7. Study of energy innovation in marine transportation and 
        infrastructure resilience

    Section 7(a) directs the Secretary, in consultation with 
the Secretaries of Transportation and Commerce, to conduct a 
study to examine opportunities for R&D in advanced marine 
energy technologies to enhance economic development, support 
infrastructure development, and enable scientific missions at 
sea and in extreme environments.
    Section 7(b) requires the Secretary to submit a report to 
the Senate Energy and Natural Resources Committee and the House 
Science, Space, and Technology Committee describing the results 
of the study within one year of enactment.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    S. 1821 would reauthorize a Department of Energy (DOE) 
program aimed at accelerating the introduction of marine energy 
into the U.S. energy supply and fostering the research, 
development, and testing of marine energy technologies. Sources 
of marine energy include energy from waves, tides, currents, 
free-flowing hydrokinetic water, and differentials in ocean 
temperature. The bill also would expand a DOE-sponsored grant 
program that provides funding to institutions of higher 
education for performing research, development, and testing 
activities at National Marine Energy Centers. For those 
programs, S. 1821 would authorize the appropriation of $160 
million annually for fiscal years 2020 and 2021. In 2019 the 
Congress appropriated $70 million to research marine and 
hydrokinetic technologies.
    Based on historical spending for similar activities, and 
assuming the appropriation of the authorized amounts, CBO 
estimates that implementing S. 1821 would cost $299 million 
over the 2020-2024 period and $21 million after 2024. The costs 
of the legislation (detailed in Table 1) would fall within 
budget function 270 (energy).

                                    TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 1821
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         By fiscal year, millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2020   2021   2022   2023   2024   2025   2026   2027   2028   2029  2020-2024  2020-2029
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorization...............................................    160    160      0      0      0      0      0      0      0      0       320        320
Estimated Outlays...........................................     32     80     88     64     35     16      5      0      0      0       299        320
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Aaron Krupkin. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1821. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1821, as ordered reported.

                   Congressionally Directed Spending

    S. 1821, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Department of Energy at the 
September 11, 2019, hearing on S. 1821 follows:

Testimony of Under Secretary of Energy Mark W. Menezes, U.S. Department 
                               of Energy


                              introduction


    Chairman Cassidy, Ranking Member Heinrich, and Members of 
the Subcommittee, it is a privilege and an honor to serve at 
the Department of Energy (DOE or the Department), which is 
tasked with, among other important responsibilities: overseeing 
the Nation's nuclear energy research and development programs; 
creating and sustaining American leadership in the transition 
to a global clean energy economy; working effectively with the 
States on our Nation's energy challenges; and supporting our 
current, and developing our Nation's future, energy workforce. 
Thank you for the opportunity to testify today on behalf of the 
Department regarding legislation pertinent to DOE that is now 
pending in the Senate.
    I have been asked to testify on nine (9) bills today. The 
Administration continues to review all of these bills. I 
appreciate the ongoing bipartisan efforts to address our 
Nation's energy challenges and I look forward to working with 
the Committee.


                 energy efficiency and renewable energy


    The mission of DOE's Office of Energy Efficiency and 
Renewable Energy (EERE) is to create and sustain American 
leadership in the transition to a global clean energy economy. 
EERE has, among other strategic goals, the aim of: improving 
the energy efficiency of our nation's homes, buildings, and 
industries; stimulating the growth of a thriving domestic clean 
energy manufacturing industry; and increasing the generation of 
electric power from renewable sources.
S. 1821--Marine Energy Research and Development Act
    As the bill indicates, the Water Power Technologies Office 
(WPTO) involves the Department's program to accelerate the 
introduction of marine renewable energy production into the 
U.S. energy supply. The program's work in marine renewable 
energy focuses on addressing scientific and engineering 
challenges that facilitate breakthroughs that have broad, 
industry-wide benefits. WPTO has developed strategic 
partnerships across the industry and into other scientific, 
engineering, and industrial disciplines to leverage and focus 
resources on long-term marine renewable energy goals.
    The makes provision for National Marine (Renewable) Energy 
Centers. The program works closely with the three existing 
National Marine Renewable Energy Centers (Pacific Marine Energy 
Center, Hawaii National Marine Renewable Energy Center, and 
Southeast National Marine Renewable Energy Center) and will 
continue to expand research, development, and testing 
activities for marine renewable energy.
    The Department will continue to review the legislation and 
looks forward to working with Congress as the legislative 
process moves forward. At this time, the Department would like 
to offer one technical adjustment: The marine renewable energy 
industry uses the term ``marine renewable energy'' (MRE) as 
opposed to ``marine energy.'' The Department recommends using 
the term ``marine renewable energy'' for consistency purposes.


                               conclusion


    Thank you again for the opportunity to be here today. The 
Department appreciates the ongoing bipartisan efforts to 
address our Nation's energy challenges, and looks forward to 
working with the Committee on the legislation on today's agenda 
and any future legislation. I would be happy to answer your 
questions.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the changes in existing law made 
by S. 1821, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

              ENERGY INDEPENDENCE AND SECURITY ACT OF 2007

Public Law 110-140, as Amended

           *       *       *       *       *       *       *



TITLE VI--ACCELERATED RESEARCH AND DEVELOPMENT

           *       *       *       *       *       *       *


  Subtitle C--Marine [and Hydrokinetic Renewable] Energy Technologies

SEC. 631. SHORT TITLE.

    This subtitle may be cited as the ``Marine [and 
Hydrokinetic Renewable] Energy Research and Development Act''.

[SEC. 632. DEFINITION.

    [For purposes of this subtitle, the term ``marine and 
hydrokinetic renewable energy'' means electrical energy from--
          [(1) waves, tides, and currents in oceans, estuaries, 
        and tidal areas;
          [(2) free flowing water in rivers, lakes, and 
        streams;
          [(3) free flowing water in man-made channels; and
          [(4) differentials in ocean temperature (ocean 
        thermal energy conversion).
    [The term ``marine and hydrokinetic renewable energy'' does 
not include energy from any source that uses a dam, 
diversionary structure, or impoundment for electric power 
purposes.]

SEC. 632. DEFINITION OF MARINE ENERGY.

    In this subtitle, the term ``marine energy'' means energy 
from--
          (1) waves, tides, and currents in oceans, estuaries, 
        and tidal areas;
          (2) free-flowing hydrokinetic water in rivers, lakes, 
        and streams;
          (3) free-flowing hydrokinetic water in man-made 
        channels; and
          (4) differentials in ocean temperature or ocean 
        thermal energy conversion.

[SEC. 633. MARINE AND HYDROKINETIC RENEWABLE ENERGY RESEARCH AND 
                    DEVELOPMENT.

    [(a) In General.--The Secretary, in consultation with the 
Secretary of the Interior and the Secretary of Commerce, acting 
through the Under Secretary of Commerce for Oceans and 
Atmosphere, shall establish a program of research, development, 
demonstration, and commercial application to expand marine and 
hydrokinetic renewable energy production, including programs 
to--
          [(1) study and compare existing marine and 
        hydrokinetic renewable energy technologies;
          [(2) research, develop, and demonstrate marine and 
        hydrokinetic renewable energy systems and technologies;
          [(3) reduce the manufacturing and operation costs of 
        marine and hydrokinetic 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 and hydrokinetic renewable energy technologies, 
        including development of corrosive-resistant materials;
          [(8) identify, in conjunction with the Secretary of 
        Commerce, acting through the Under Secretary of 
        Commerce for Oceans and Atmosphere, and other Federal 
        agencies as appropriate, the potential environmental 
        impacts, including potential impacts on fisheries and 
        other marine resources, of marine and hydrokinetic 
        renewable energy technologies, measures to prevent 
        adverse impacts, and technologies and other means 
        available for monitoring and determining environmental 
        impacts;
          [(9) identify, in conjunction with the Secretary of 
        the Department in which the United States Coast Guard 
        is operating, acting through the Commandant of the 
        United States Coast Guard, the potential navigational 
        impacts of marine andhydrokinetic renewable energy 
        technologies and measures to prevent adverse impacts on 
        navigation;
          [(10) develop power measurement standards for marine 
        and hydrokinetic renewable energy;
          [(11) develop identification standards for marine and 
        hydrokinetic renewable energy devices;
          [(12) address standards development, demonstration, 
        and technology transfer for advanced systems 
        engineering and system integration methods to identify 
        critical interfaces;
          [(13) identifying opportunities for cross 
        fertilization and development of economies of scale 
        between other renewable sources and marine and 
        hydrokinetic renewable energy sources; and
          [(14) providing public information and opportunity 
        for public comment concerning all technologies.
    [(b) Report.--Not later than 18 months after the date of 
enactment of this Act, the Secretary, in conjunction with the 
Secretary of Commerce, acting through the Undersecretary of 
Commerce for Oceans and Atmosphere, and the Secretary of the 
Interior, shall provide to the Congress a report that 
addresses--
          [(1) the potential environmental impacts, including 
        impacts to fisheries and marine resources, of marine 
        and hydrokinetic renewable energy technologies;
          [(2) options to prevent adverse environmental 
        impacts;
          [(3) the potential role of monitoring and adaptive 
        management in identifying and addressing any adverse 
        environmental impacts; and
          [(4) the necessary components of such an adaptive 
        management program.]

SEC. 633. MARINE ENERGY RESEARCH AND DEVELOPMENT.

    (a) In General.--The Secretary, acting through the Director 
of the Water Power Technologies Office, in consultation with 
the Secretary of the Interior, the Secretary of Commerce, and 
the Federal Energy Regulatory Commission, shall carry out a 
program to accelerate the introduction of marine energy 
production into the United States energy supply, giving 
priority to technologies most likely to lead to commercial 
utilization, while fostering accelerated research, development, 
demonstration, and commercial application of technology, 
including programs--
          (1) to assist technology development on a variety of 
        scales, including full-scale prototypes, to improve the 
        components, processes, and systems used for power 
        generation from marine energy resources;
          (2) to establish and expand critical testing 
        infrastructure and facilities necessary--
                  (A) to cost-effectively and efficiently test 
                and prove marine energy devices; and
                  (B) to accelerate the technological readiness 
                and commercialization of those devices;
          (3) to support efforts to increase the efficiency of 
        energy conversion, lower the cost, increase the use, 
        improve the reliability, and demonstrate the 
        applicability of marine energy technologies by 
        participating in demonstration projects;
          (4) to investigate variability issues and the 
        efficient and reliable integration of marine energy 
        with the utility grid;
          (5) to identify and study critical short- and long-
        term needs to create a sustainable marine energy supply 
        chain based in the United States;
          (6) to increase the reliability and survivability of 
        marine energy technologies;
          (7) to verify the performance, reliability, 
        maintainability, and cost of new marine energy device 
        designs and system components in an operating 
        environment;
          (8) to consider the protection of critical 
        infrastructure, such as adequate separation between 
        marine energy devices and projects and submarine 
        telecommunications cables, including consideration of 
        established industry standards;
          (9)(A) to coordinate the programs carried out under 
        this section with, and avoid duplication of activities 
        across, programs of the Department and other applicable 
        Federal agencies, including National Laboratories; and
          (B) to coordinate public-private collaboration in 
        carrying out the programs under this section;
          (10) to identify opportunities for joint research and 
        development programs and the development of economies 
        of scale between--
                  (A) marine energy technologies; and
                  (B) other renewable energy and fossil energy 
                programs, offshore oil and gas production 
                activities, and activities of the Department of 
                Defense;
          (11) to identify, in conjunction with the Secretary 
        of Commerce, acting through the Under Secretary of 
        Commerce for Oceans and Atmosphere, and other relevant 
        Federal agencies as appropriate, the potential 
        environmental impacts, including potential impacts on 
        fisheries and other marine resources, of marine energy 
        technologies, measures to prevent adverse impacts, and 
        technologies and other means available for monitoring 
        and determining environmental impacts;
          (12) to identify, in conjunction with the Secretary 
        of the Department in which the United States Coast 
        Guard is operating, acting through the Commandant of 
        the United States Coast Guard, the potential 
        navigational impacts of marine energy technologies and 
        measures to prevent adverse impacts on navigation;
          (13) to support in-water technology development with 
        international partners using existing cooperative 
        procedures (including memoranda of understanding)--
                  (A) to allow cooperative funding and other 
                support of value to be exchanged and leveraged; 
                and
                  (B) to encourage international research 
                centers and international companies to 
                participate in the development of marine energy 
                technology in the United States and to 
                encourage United States research centers and 
                companies to participate in marine energy 
                projects abroad; and
          (14) to assist in the development of technology 
        necessary to support the use of marine energy--
                  (A) for the generation and storage of power 
                at sea, including in applications relating to--
                          (i) ocean observation and navigation;
                          (ii) underwater vehicle charging;
                          (iii) marine aquaculture;
                          (iv) production of marine algae; and
                          (v) extraction of critical minerals 
                        and gasses from seawater;
                  (B) for the generation and storage of power 
                to promote the resilience of coastal 
                communities, including in applications relating 
                to--
                          (i) desalination;
                          (ii) disaster recovery and 
                        resilience;
                          (iii) community microgrids in 
                        isolated power systems; and
                  (C) in any other applications, as determined 
                by the Secretary.
    (b) Cost Sharing and Merit Review.--The Secretary shall 
carry out the program under this section in accordance with 
sections 988 and 989 of the Energy Policy Act of 2005 (42 
U.S.C. 16352, 16353).

SEC. 634. NATIONAL MARINE [RENEWABLE ENERGY RESEARCH, DEVELOPMENT, AND 
                    DEMONSTRATION] ENERGY CENTERS.

    [(a) Centers.--The Secretary 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 
        an engineering program at an institution of higher 
        education.
          [(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 the Centers, the Secretary shall consult 
        with the Secretary of Commerce, acting through the 
        Under Secretary of Commerce for Oceans and Atmosphere, 
        on the criteria related to ocean waves, tides, and 
        currents including those for advancing wave forecasting 
        technologies, ocean temperature differences, and 
        studying the compatibility of marine renewable energy 
        technologies and systems with the environment, 
        fisheries, and other marine resources.
    [(b) Purposes.--The Centers shall advance research, 
development, demonstration, and commercial application of 
marine renewable energy, 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.]
    (a) Centers.--
          (1) In general.--The Secretary shall award grants to 
        institutions of higher education for
                  (A) the continuation and expansion of 
                research, development, and testing activities 
                at National Marine Energy Centers established 
                as of January 1, 2019; and
                  (B) the establishment of new National Marine 
                Energy Centers.
          (2) Criteria.--In selecting locations for new 
        National Marine Energy Centers to be established under 
        paragraph (1)(B), the Secretary shall consider sites 
        that meet one of the following criteria:
                  (A) The new Center hosts an existing marine 
                energy research and development program in 
                coordination with an engineering program at an 
                institution of higher education.
                  (B) The new Center has proven expertise to 
                support environmental and policy-related issues 
                associated with the harnessing of energy in the 
                marine environment.
                  (C) The new Center has access to and uses 
                marine resources.
    (b) Purposes.--The National Marine Energy Centers shall 
coordinate with other National Marine Energy Centers, the 
Department, and the National Laboratories--
          (1) to advance research, development, and 
        demonstration of marine energy technologies;
          (2) to support in-water testing and demonstration of 
        marine energy technologies, including facilities 
        capable of testing--
                  (A) marine energy systems of various 
                technology readiness levels and scales;
                  (B) a variety of technologies in multiple 
                test berths at a single location; and
                  (C) arrays of technology devices; and
          (3) to serve as information clearinghouses for the 
        marine energy industry by collecting and disseminating 
        information on best practices in all areas relating to 
        developing and managing marine energy resources and 
        energy systems.
    (c) Cost Sharing.--The Secretary shall carry out the 
program under this section in accordance with section 988(b)(4) 
of the Energy Policy Act of 2005 (42 U.S.C. 16352(b)(4)).
    [(c)] (d) 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.

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SEC. 636. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary to 
carry out this subtitle [$50,000,000 for each of the fiscal 
years 2008 through 2012] $160,000,000 for each of fiscal years 
2020 and 2021, 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)).

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