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(B) increase energy efficiency and conserva-
tion, or
(C) encourage the use of new and existing
processes to meet energy and environmental
goals.
(b) REPORT TO CONGRESS.—Not later than 18 months
after the date of enactment of this section, and every 5 years
thereafter, the Director of the Office of Science and Tech-
nology Policy shall report to the Congress on the results of
the agency reviews conducted under subsection (a).
(c) CONTENTS OF THE REPORT.—The report shall—
(1) identify all regulatory barriers to—
(A) the development and commercialization
of emerging energy technologies and processes,
and
(B) the further development and expansion
of existing energy conservation technologies and
processes,
(2) actions taken, or proposed to be taken, to re-
move such barriers, and
(3) recommendations for changes in laws or reg-
ulations that may be needed to—
(A) expedite the siting and development of
energy production and distribution facilities,
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(B) encourage the adoption of energy effi-
ciency and process improvements,
(C) facilitate the expanded use of existing
energy conservation technologies, and
(D) reduce the environmental impacts of en-
ergy facilities and processes through transparent
and flexible compliance methods.
SEC. 1702. ASSESSMENT OF DEPENDENCE OF STATE OF HA-
WAII ON OIL.
(a) ASSESSMENT.—The Secretary of Energy shall as-
sess the economic implications of the dependence of the State
of Hawaii on oil as the principal source of energy for the
State, including—
(1) the short- and long-term prospects for crude
oil supply disruption and price volatility and poten-
tial impacts on the economy of Hawaii;
(2) the economic relationship between oil-fired
generation of electricity from residual fuel and refined
petroleum products consumed for ground, marine,
and air transportation;
(3) the technical and economic feasibility of in-
creasing the contribution of renewable energy re-
sources for generation of electricity, on an island-by-
island basis, including—
(A) siting and facility configuration;
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(B) environmental, operational, and safety
considerations;
(C) the availability of technology;
(D) effects on the utility system, including
reliability;
(E) infrastructure and transport require-
ments;
(F) community support; and
(G) other factors affecting the economic im-
pact of such an increase and any effect on the
economic relationship described in paragraph
(2);
(4) the technical and economic feasibility of
using liquefied natural gas to displace residual fuel
oil for electric generation, including neighbor island
opportunities, and the effect of such displacement on
the economic relationship described in paragraph (2),
including—
(A) the availability of supply;
(B) siting and facility configuration for on-
shore and offshore liquefied natural gas receiving
terminals;
(C) the factors described in subparagraphs
(B) through (F) of paragraph (3); and
(D) other economic factors;
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(5) the technical and economic feasibility of
using renewable energy sources (including hydrogen)
for ground, marine, and air transportation energy
applications to displace the use of refined petroleum
products, on an island-by-island basis, and the eco-
nomic impact of such displacement on the relation-
ship described in paragraph (2); and
(6) an island-by-island approach to—
(A) the development of hydrogen from re-
newable resources; and
(B) the application of hydrogen to the en-
ergy needs of Hawaii.
(b) CONTRACTING AUTHORITY.—The Secretary may
carry out the assessment under subsection (a) directly or,
in whole or in part, through one or more contracts with
qualified public or private entities.
(c) REPORT.—Not later than 300 days after the date
of enactment of this Act, the Secretary shall prepare, in
consultation with agencies of the State of Hawaii and other
stakeholders, as appropriate, and submit to Congress, a re-
port detailing the findings, conclusions, and recommenda-
tions resulting from the assessment.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as are necessary
to carry out this section.
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SEC. 1703. STUDY OF SITING AN ELECTRIC TRANSMISSION
SYSTEM ON AMTRAK RIGHT-OF-WAY.
(a) STUDY.—The Secretary of Energy shall contract
with Amtrak to conduct a study of the feasibility of building
and operating a new electric transmission system on the
Amtrak right-of-way in the Northeast Corridor.
(b) SCOPE OF THE STUDY.—The study shall focus on
siting the new system on the Amtrak right-of-way within
the Northeast Corridor between Washington, D.C., and New
Rochelle, New York, including the Amtrak right-of-way be-
tween Philadelphia, Pennsylvania and Harrisburg, Penn-
sylvania.
(c) CONTENTS
OF
THE STUDY.—The study shall
consider—
(1) alternative geographic configuration of a new
electronic transmission system on the Amtrak right-
of-way;
(2) alternative technologies for the system;
(3) the estimated costs of building and operating
each alternative;
(4) alternative means of financing the system;
(5) the environmental risks and benefits of build-
ing and operating each alternative as well as environ-
mental risks and benefits of building and operating
the system on the Northeast Corridor rather than at
other locations;
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(6) engineering and technological obstacles to
building and operating each alternative; and
(7) the extent to which each alternative would
enhance the reliability of the electric transmission
grid and enhance competition in the sale of electric
energy at wholesale within the Northeast Corridor.
(d) RECOMMENDATIONS.—The study shall recommend
the optimal geographic configuration, the optimal tech-
nology, the optimal engineering design, and the optimal
means of financing for the new system from among the al-
ternatives considered.
(e) REPORT.—The Secretary of Energy shall submit
the completed study to the Committee on Energy and Nat-
ural Resources of the United States Senate and the Com-
mittee on Energy and Commerce of the House of Represent-
atives not later than 270 days after the date of enactment
of this section.
(f) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘Amtrak’’ means the National Rail-
road Passenger Corporation established under chapter
243 of title 49, United States Code; and
(2) the term ‘‘Northeast Corridor’’ shall have the
meaning given such term under section 24102(7) of
title 49, United States Code.
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SEC. 1704. UPDATING OF INSULAR AREA RENEWABLE EN-
ERGY AND ENERGY EFFICIENCY PLANS.
Section 604 of Public Law 96–597 (48 U.S.C. 1492)
is amended—
(1) in subsection (a) at the end of paragraph (4)
by striking ‘‘resources.’’ and inserting ‘‘resources; and
‘‘(5) the development of renewable energy and en-
ergy efficiency technologies since publication of the
1982 Territorial Energy Assessment prepared under
subsection (c) reveals the need to reassess the state of
energy production, consumption, efficiency, infra-
structure, reliance on imported energy, and potential
of the indigenous renewable energy resources and en-
ergy efficiency in regard to the insular areas.’’; and
(2) by adding at the end of subsection (e) ‘‘The
Secretary of Energy, in consultation with the Sec-
retary of the Interior and the chief executive officer of
each insular area, shall update the plans required
under subsection (c) and draft long-term energy plans
for each insular area that will reduce, to the extent
feasible, the reliance of the insular area on energy im-
ports by the year 2010, and maximize, to the extent
feasible, use of renewable energy resources and energy
efficiency opportunities. Not later than December 31,
2002, the Secretary of Energy shall submit the up-
dated plans to Congress.’’.
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SEC. 1705. CONSUMER ENERGY COMMISSION.
(a) ESTABLISHMENT OF COMMISSION.—There is estab-
lished a commission to be known as the ‘‘Consumer Energy
Commission’’.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Commission shall be com-
prised of 11 members who shall be appointed within
30 days from the date of enactment of this section and
who shall serve for the life of the Commission.
(2) APPOINTMENTS IN THE SENATE AND THE
HOUSE.—The Majority Leader and the Minority
Leader of the Senate and the Speaker and Minority
Leader of the House of Representatives shall each ap-
point 2 members—
(A) one of whom shall represent consumer
groups focusing on energy issues; and
(B) one of whom shall represent the energy
industry.
(3) APPOINTMENTS
BY
THE
PRESIDENT.—The
President shall appoint three members—
(A) one of whom shall represent consumer
groups focusing on energy issues;
(B) one of whom shall represent the energy
industry; and
(C) one of whom shall represent the Depart-
ment of Energy.
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(c) INITIAL MEETING.—Not later than 60 days after
the date of enactment of this Act, the Commission shall hold
the first meeting of the Commission regardless of the num-
ber of members that have been appointed and shall select
a Chairperson and Vice Chairperson from among the mem-
bers of the Commission.
(d) ADMINISTRATIVE EXPENSES.—Members of the
Commission shall serve without compensation, except for
per diem and travel expenses which shall be reimbursed,
and the Department of Energy shall pay expenses as nec-
essary to carry out this section, with the expenses not to
exceed $400,000.
(e) STUDIES.—The Commission shall conduct a na-
tionwide study of significant price spikes since 1990 in
major United States consumer energy products, including
electricity, gasoline, home heating oil, natural gas and pro-
pane with a focus on their causes including insufficient in-
ventories, supply disruptions, refinery capacity limits, in-
sufficient infrastructure, regulatory failures, demand
growth, reliance on imported supplies, insufficient avail-
ability of alternative energy sources, abuse of market power,
market concentration and any other relevant factors.
(f) REPORT.—Not later than 180 days after the date
of the first meeting of the Commission, the Commission
shall submit to Congress a report that contains the findings
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and conclusions of the Commission and any recommenda-
tions for legislation, administrative actions, and voluntary
actions by industry and consumers to protect consumers
and small businesses from future price spikes in consumer
energy products.
(g) CONSULTATION.—The Commission shall consult
with the Federal Trade Commission, the Federal Energy
Regulatory Commission, the Department of Energy and
other Federal and State agencies as appropriate.
(h) SUNSET.—The Commission shall terminate within
30 days after the submission of the report to Congress.
SEC. 1706. STUDY OF NATURAL GAS AND OTHER ENERGY
TRANSMISSION 
INFRASTRUCTURE 
ACROSS
THE GREAT LAKES.
(a) DEFINITIONS.—In this section:
(1) GREAT
LAKE.—The term ‘‘Great Lake’’
means Lake Erie, Lake Huron (including Lake Saint
Clair), Lake Michigan, Lake Ontario (including the
Saint Lawrence River from Lake Ontario to the 45th
parallel of latitude), and Lake Superior.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Energy.
(b) STUDY.—
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(1) IN GENERAL.—The Secretary, in consultation
with representatives of appropriate Federal and State
agencies, shall—
(A) conduct a study of—
(i) the location and extent of antici-
pated growth of natural gas and other en-
ergy transmission infrastructure proposed
to be constructed across the Great Lakes;
and
(ii) the environmental impacts of any
natural gas or other energy transmission
infrastructure proposed to be constructed
across the Great Lakes; and
(B) make recommendations for minimizing
the environmental impact of pipelines and other
energy transmission infrastructure on the Great
Lakes ecosystem.
(2) ADVISORY COMMITTEE.—Not later than 30
days after the date of enactment of this Act, the Sec-
retary shall enter into an agreement with the Na-
tional Academy of Sciences to establish an advisory
committee to ensure that the study is complete, objec-
tive, and of good quality.
(c) REPORT.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Con-
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gress a report that describes the findings and recommenda-
tions resulting from the study under subsection (b).
SEC. 1707. NATIONAL ACADEMY OF SCIENCES STUDY OF
PROCEDURES FOR SELECTION AND ASSESS-
MENT OF CERTAIN ROUTES FOR SHIPMENT
OF SPENT NUCLEAR FUEL FROM RESEARCH
NUCLEAR REACTORS.
(a) IN GENERAL.—The Secretary of Transportation
shall enter into an agreement with the National Academy
of Sciences under which agreement the National Academy
of Sciences shall conduct a study of the procedures by which
the Department of Energy, together with the Department
of Transportation and the Nuclear Regulatory Commission,
selects routes for the shipment of spent nuclear fuel from
research nuclear reactors between or among existing De-
partment of Energy facilities currently licensed to accept
such spent nuclear fuel.
(b) ELEMENTS OF STUDY.—In conducting the study
under subsection (a), the National Academy of Sciences
shall analyze the manner in which the Department of
Energy—
(1) selects potential routes for the shipment of
spent nuclear fuel from research nuclear reactors be-
tween or among existing Department facilities cur-
rently licensed to accept such spent nuclear fuel;
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(2) selects such a route for a specific shipment of
such spent nuclear fuel; and
(3) conducts assessments of the risks associated
with shipments of such spent nuclear fuel along such
a route.
(c) CONSIDERATIONS
REGARDING
ROUTE
SELEC-
TION.—The analysis under subsection (b) shall include a
consideration whether, and to what extent, the procedures
analyzed for purposes of that subsection take into account
the following:
(1) The proximity of the routes under consider-
ation to major population centers and the risks asso-
ciated with shipments of spent nuclear fuel from re-
search nuclear reactors through densely populated
areas.
(2) Current traffic and accident data with re-
spect to the routes under consideration.
(3) The quality of the roads comprising the
routes under consideration.
(4) Emergency response capabilities along the
routes under consideration.
(5) The proximity of the routes under consider-
ation to places or venues (including sports stadiums,
convention centers, concert halls and theaters, and
other venues) where large numbers of people gather.
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(d) RECOMMENDATIONS.—In conducting the study
under subsection (a), the National Academy of Sciences
shall also make such recommendations regarding the mat-
ters studied as the National Academy of Sciences considers
appropriate.
(e) DEADLINE
FOR
DISPERSAL
OF
FUNDS
FOR
STUDY.—The Secretary shall disperse to the National Acad-
emy of Sciences the funds for the cost of the study required
by subsection (a) not later than 30 days after the date of
the enactment of this Act.
(f) REPORT ON RESULTS OF STUDY.—Not later than
6 months after the date of the dispersal of funds under sub-
section (e), the National Academy of Sciences shall submit
to the appropriate committees of Congress a report on the
study conducted under subsection (a), including the rec-
ommendations required by subsection (d).
(g) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate committees
of Congress’’ means—
(1) the Committees on Commerce, Science, and
Transportation, Energy and Natural Resources, and
Environment and Public Works of the Senate; and
(2) the Committee on Energy and Commerce of
the House of Representatives.
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SEC. 1708. REPORT ON ENERGY SAVINGS AND WATER USE.
(a) REPORT.—The Secretary of Energy shall conduct
a study of opportunities to reduce energy use by cost-effec-
tive improvements in the efficiency of municipal water and
wastewater treatment and use, including water pumps, mo-
tors, and delivery systems; purification, conveyance and
distribution; upgrading of aging water infrastructure, and
improved methods for leakage monitoring, measuring, and
reporting; and public education.
(b) SUBMISSION OF REPORT.—The Secretary of En-
ergy shall submit a report on the results of the study, in-
cluding any recommendations for implementation of meas-
ures and estimates of costs and resource savings, no later
than 2 years from the date of enactment of this section.
(c) AUTHORIZATION.—There is hereby authorized to be
appropriated such sums as may be necessary to carry out
the purposes of this section.
SEC. 1709. REPORT ON RESEARCH ON HYDROGEN PRODUC-
TION AND USE.
Not later than 120 days after the date of enactment
of this Act, the Secretary of Energy shall submit to Congress
a report that identifies current or potential research
projects at Department of Energy nuclear facilities relating
to the production or use of hydrogen in fuel cell development
or any other method or process enhancing alternative en-
ergy production technologies.
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DIVISION G—ENERGY
INFRASTRUCTURE SECURITY
TITLE XVIII—CRITICAL ENERGY
INFRASTRUCTURE
Subtitle A—Department of Energy
Programs
SEC. 1801. DEFINITIONS.
In this title:
(1) CRITICAL ENERGY INFRASTRUCTURE.—
(A) IN GENERAL.—The term ‘‘critical en-
ergy infrastructure’’ means a physical or cyber-
based system or service for—
(i) the generation, transmission or dis-
tribution of electric energy; or
(ii) the production, refining, or storage
of petroleum, natural gas, or petroleum
product—
the incapacity or destruction of which would
have a debilitating impact on the defense or eco-
nomic security of the United States.
(B) EXCLUSION.—The term shall not in-
clude a facility that is licensed by the Nuclear
Regulatory Commission under section 103 or
104b. of the Atomic Energy Act of 1954 (42
U.S.C. 2133 and 2134(b)).
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(2) DEPARTMENT; NATIONAL LABORATORY; SEC-
RETARY.—The terms ‘‘Department’’, ‘‘National Lab-
oratory’’, and ‘‘Secretary’’ have the meaning given
such terms in section 1203.
SEC. 1802. ROLE OF THE DEPARTMENT OF ENERGY.
Section 102 of the Department of Energy Organization
Act (42 U.S.C. 7112) is amended by adding at the end the
following:
‘‘(20) To ensure the safety, reliability, and secu-
rity of the Nation’s energy infrastructure, and to re-
spond to any threat to or disruption of such infra-
structure, through activities including—
‘‘(A) research and development;
‘‘(B) financial assistance, technical assist-
ance, and cooperative activities with States, in-
dustry, and other interested parties; and
‘‘(C) education and public outreach activi-
ties.’’.
SEC. 1803. CRITICAL ENERGY INFRASTRUCTURE PRO-
GRAMS.
(a) PROGRAMS.—In addition to the authorities other-
wise provided by law (including section 1261), the Sec-
retary is authorized to establish programs of financial, tech-
nical, or administrative assistance to—
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(1) enhance the security of critical energy infra-
structure in the United States;
(2) develop and disseminate, in cooperation with
industry, best practices for critical energy infrastruc-
ture assurance; and
(3) protect against, mitigate the effect of, and
improve the ability to recover from disruptive inci-
dents affecting critical energy infrastructure.
(b) REQUIREMENTS.—A program established under
this section shall—
(1) be undertaken in consultation with the advi-
sory committee established under section 1804;
(2) have available to it the scientific and tech-
nical resources of the Department, including resources
at a National Laboratory; and
(3) be consistent with any overall Federal plan
for national infrastructure security developed by the
President or his designee.
SEC. 1804. ADVISORY COMMITTEE ON ENERGY INFRA-
STRUCTURE SECURITY.
(a) ESTABLISHMENT.—The Secretary shall establish
an advisory committee, or utilize an existing advisory com-
mittee within the Department, to advise the Secretary on
policies and programs related to the security of United
States energy infrastructure.