tion Control Act, the Safe Drinking Water Act, the Com-
prehensive Environmental Response, Compensation, and 
Liability Act of 1980, the Solid Waste Disposal Act, the 
Toxic Substances Control Act, the National Historic Pres-
ervation Act, and the National Environmental Policy Act 
of 1969. 
(d) APPLICABILITY.—This section shall apply to any 
refinery repair or reconstruction at an existing refinery 
undertaken in the area affected by Hurricane Katrina and 
undertaken as a result of Hurricane Katrina. This section 
shall not apply during a period with respect to which the 
Secretary of Energy has certified to Congress in writing 
that United States domestic petroleum refining capacity 
is sufficient to serve the needs of the United States, ac-
counting for the possibility of natural disasters, terrorist 
attacks, fires, routine maintenance, the effects of unique 
fuel blends, or other potential events. 
SEC. 4. LITIGATION. 
(a) DIRECT LEGAL REPRESENTATION.—At the re-
quest of the applicant, the Secretary of Energy shall pro-
vide direct legal representation for a person who has filed 
an application described in section 3(a) for any lawsuit 
brought against such person or the Federal Government 
under such a law with respect to the permit approval pro-
cedure or construction or expansion of the facility to which
the application relates, if the Secretary believes the lawsuit 
lacks merit, is brought solely to delay the completion of 
the facility, or will have the effect of delaying the comple-
tion of the facility in a period when United States domes-
tic refining capacity is insufficient. 
(b) ATTORNEYS’ FEES.—Any party in an action with 
respect to the approval of an application described in sec-
tion 3(a), or the construction or expansion of the facility 
to which the application relates, shall be awarded attor-
neys’ fees in proportion to the amount of the original claim 
that is awarded or denied by the court. 
SEC. 5. OFFICE OF REGULATORY ASSISTANCE. 
The Secretary of Energy shall establish an office 
whose sole purpose is to assist applicants in developing 
permit applications, planning, and otherwise pursuing the 
construction or expansion of a petroleum refining facility 
in the United States. This assistance shall include— 
(1) serving as an advocate for the applicant to 
the permitting agencies; 
(2) ensuring that permitting agencies are re-
sponsive to applicants; 
(3) ensuring that permits are issued by statu-
tory deadlines; and 
(4) consulting with the Secretary of Energy to 
offer advice relating to issuing a permit for an agen-
cy that has not met deadlines contained in section 
3(a). 
SEC. 6. STANDBY SUPPORT FOR CERTAIN PETROLEUM RE-
FINING FACILITY DELAYS. 
(a) CONTRACT AUTHORITY.— 
(1) IN
GENERAL.—The Secretary of Energy 
may enter into contracts under this section with 
sponsors of 6 new petroleum refining facilities, each 
with an output of at least 150,000 barrels per day, 
in accordance with paragraph (2). The Secretary 
shall give preference to new refineries that will in-
crease the geographic diversity of existing United 
States domestic refining capacity. 
(2) REQUIREMENT FOR CONTRACTS.— 
(A) DEFINITION OF LOAN COST.—In this 
paragraph, the term ‘‘loan cost’’ has the mean-
ing given the term ‘‘cost of a loan guarantee’’ 
under section 502(5)(C) of the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661a(5)(C)). 
(B) ESTABLISHMENT
OF
ACCOUNTS.— 
There is established in the Department of En-
ergy 2 separate accounts, which shall be known 
as the— 
(i) ‘‘Refinery Standby Support Pro-
gram Account’’; and
(ii) ‘‘Refinery Standby Support Grant 
Account’’. 
(C) REQUIREMENT.—The Secretary shall 
not enter into a contract under this section un-
less the Secretary deposits— 
(i) in the Refinery Standby Support 
Program Account established under sub-
paragraph (B), funds appropriated to the 
Secretary in advance of the contract or a 
combination of appropriated funds and 
loan guarantee fees that are in an amount 
sufficient to cover the loan costs described 
in subsection (c)(5)(A); and 
(ii) in the Refinery Standby Support 
Grant Account established under subpara-
graph (B), funds appropriated to the Sec-
retary in advance of the contract, paid to 
the Secretary by the sponsor of the petro-
leum refining facility, or a combination of 
appropriations and payments that are in 
an amount sufficient cover the costs de-
scribed in subsection (c)(5)(B). 
(b) COVERED DELAYS.— 
(1) INCLUSIONS.—Under each contract author-
ized by this section, the Secretary shall pay the costs