SEC. 103. REFINERY REVITALIZATION REPEAL. 
Subtitle H of title III of the Energy Policy Act of 
2005 and the items relating thereto in the table of con-
tents of such Act are repealed. 
SEC. 104. STANDBY SUPPORT FOR REFINERIES. 
(a) DEFINITION.—For purposes of this section, the 
term ‘‘authorization’’ means any authorization or permit 
required under State or Federal law. 
(b) CONTRACT AUTHORITY.—
(1) IN
GENERAL.—The Secretary may enter 
into contracts under this section with non-Federal 
entities that the Secretary determines, at the sole 
discretion of the Secretary, to be the first non-Fed-
eral entities to enter into firm contracts after the 
date of enactment of this Act to construct new refin-
eries in the United States or refurbish and return to 
commercial operation existing but nonoperating re-
fineries in the United States. The Secretary may 
enter into contracts under this section with respect 
to new refineries or refurbished refineries that add 
a total of no more than 2,000,000 barrels per day 
of refining capacity to the refining capacity of the 
United States as in existence on the date of enact-
ment of this Act. 
(2) CONDITIONS.—Except as provided in para-
graphs (4) and (5), under a contract authorized
under paragraph (1), the Secretary shall pay to the 
non-Federal entity the costs specified in paragraph 
(3), using funds deposited in the Standby Refinery 
Support Account established under subsection (c), 
if—
(A) the non-Federal entity has substan-
tially completed construction of the new refinery 
or the refurbished refinery and the initial com-
mercial operation of the new refinery or of the 
refurbished refinery is delayed because of—
(i) litigation that could not have been 
reasonably foreseen by the non-Federal en-
tity at the time the non-Federal entity en-
tered into the firm contract to construct; 
or 
(ii) a failure of an agency of the Fed-
eral Government or of a State government 
to grant an authorization within a period 
specified in the contract authorized by this 
section; or 
(B) the throughput level of commercial op-
eration of the new or refurbished refinery is 
substantially reduced due to—
(i) State or Federal law or regulations 
enacted or implemented after the firm con-
tract was entered into; or 
(ii) litigation, that could not have 
been reasonably foreseen by the non-Fed-
eral entity, disputing actions taken by the 
non-Federal entity to conform with and 
satisfy Federal law or regulations enacted 
or implemented after the firm contract was 
entered into. 
(3) COVERED
COSTS.—Under a contract au-
thorized under this section, the Secretary shall 
pay—
(A) in the case of a delay described in 
paragraph (2)(A), all costs of the delay in the 
initial commercial operation of a new refining 
or a refurbished refinery, including the prin-
cipal or interest due on any debt obligation of 
the new refinery or of the refurbished refinery 
during the delay, and any consequential dam-
ages; and 
(B) in the case of a substantial reduction 
described in paragraph (2)(B), all costs nec-
essary to offset the costs of the reduced
throughput and the costs of complying with the 
new State or Federal law or regulations. 
(4) COSTS NOT COVERED.—The Secretary shall 
not enter into a contract under this section that 
would obligate the Secretary to pay any costs result-
ing from—
(A) except as provided in paragraph 
(3)(B), a failure of the non-Federal entity to 
take any action required by law or regulation; 
or 
(B) events within the control of the non-
Federal entity. 
(5) DEPOSIT.—The Secretary shall not enter 
into a contract authorized under this section until 
the Secretary has deposited into the Standby Refin-
ery Support Account amounts sufficient to cover the 
costs specified in paragraph (3). 
(c) STANDBY REFINERY SUPPORT ACCOUNT.—There 
is established in the Treasury an account known as the 
Standby Refinery Support Account. The Secretary shall 
deposit into this account amounts appropriated, in ad-
vance of entering into a contract authorized by this sec-
tion, to the Secretary for the purpose of carrying out this 
section and payments paid to the Secretary by any non-
Federal source for the purpose of carrying out this section.
The Secretary may receive and accept payments from any 
non-Federal source, which shall be made available without 
further appropriation for the payment of the covered costs. 
(d) REGULATIONS.—The Secretary may issue regula-
tions necessary or appropriate to carry out this section. 
(e) REPORTS.—The Secretary shall file with Con-
gress annually a report of the Secretary’s activities under 
this section and the activities of the non-Federal entity 
under any contract entered into under this section. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as are necessary to carry out this section. 
(g) APPLICABILITY.—This section shall only apply to 
refineries sited or proposed to be sited—
(1) in a State whose governor has requested ap-
plicability of this section pursuant to section 
101(a)(1); or 
(2) on a site designated by the President under 
section 101(b). 
SEC. 105. MILITARY USE REFINERY. 
(a) AUTHORIZATION.—If the President determines 
that there is not sufficient refining capacity in the United 
States, the President may authorize the design and con-
struction of a refinery that will be—
(1) located at a site—