tions and related environmental reviews with respect 
to a refinery. 
(2) OTHER
AGENCIES.—Each Federal and 
State agency or official required to provide a Fed-
eral refinery authorization shall cooperate with the 
Secretary and comply with the deadlines established 
by the Secretary. 
(c) SCHEDULE.— 
(1) SECRETARY’S AUTHORITY TO SET SCHED-
ULE.—The Secretary shall establish a schedule for 
all Federal refinery authorizations with respect to a 
refinery. In establishing the schedule, the Secretary 
shall— 
(A) ensure expeditious completion of all 
such proceedings; and 
(B) accommodate the applicable schedules 
established by Federal law for such proceedings. 
(2) FAILURE TO MEET SCHEDULE.—If a Fed-
eral or State administrative agency or official does 
not complete a proceeding for an approval that is re-
quired for a Federal refinery authorization in ac-
cordance with the schedule established by the Sec-
retary under this subsection, the applicant may pur-
sue remedies under subsection (e).
(d) CONSOLIDATED RECORD.—The Secretary shall, 
with the cooperation of Federal and State administrative 
agencies and officials, maintain a complete consolidated 
record of all decisions made or actions taken by the Sec-
retary or by a Federal administrative agency or officer (or 
State administrative agency or officer acting under dele-
gated Federal authority) with respect to any Federal re-
finery authorization. Such record shall be the record for 
judicial review under subsection (e) of decisions made or 
actions taken by Federal and State administrative agen-
cies and officials, except that, if the Court determines that 
the record does not contain sufficient information, the 
Court may remand the proceeding to the Secretary for fur-
ther development of the consolidated record. 
(e) JUDICIAL REVIEW.— 
(1) IN GENERAL.—The United States Court of 
Appeals for the District of Columbia shall have 
original and exclusive jurisdiction over any civil ac-
tion for the review of— 
(A) an order or action, related to a Federal 
refinery authorization, by a Federal or State 
administrative agency or official; and 
(B) an alleged failure to act by a Federal 
or State administrative agency or official acting 
pursuant to a Federal refinery authorization.
The failure of an agency or official to act on a Fed-
eral refinery authorization in accordance with the 
Secretary’s schedule established pursuant to sub-
section (c) shall be considered inconsistent with Fed-
eral law for the purposes of paragraph (2) of this 
subsection. 
(2) COURT ACTION.—If the Court finds that an 
order or action described in paragraph (1)(A) is in-
consistent with the Federal law governing such Fed-
eral refinery authorization, or that a failure to act 
as described in paragraph (1)(B) has occurred, and 
the order, action, or failure to act would prevent the 
siting, construction, expansion, or operation of the 
refinery, the Court shall remand the proceeding to 
the agency or official to take appropriate action con-
sistent with the order of the Court. If the Court re-
mands the order, action, or failure to act to the Fed-
eral or State administrative agency or official, the 
Court shall set a reasonable schedule and deadline 
for the agency or official to act on remand. 
(3) SECRETARY’S ACTION.—For any civil action 
brought under this subsection, the Secretary shall 
promptly file with the Court the consolidated record 
compiled by the Secretary pursuant to subsection 
(d).
(4) EXPEDITED REVIEW.—The Court shall set 
any civil action brought under this subsection for ex-
pedited consideration. 
(5) ATTORNEY’S
FEES.—In any action chal-
lenging a Federal refinery authorization that has 
been granted, reasonable attorney’s fees and other 
expenses of litigation shall be awarded to the pre-
vailing party. This paragraph shall not apply to any 
action seeking remedies for denial of a Federal refin-
ery authorization or failure to act on an application 
for a Federal refinery authorization. 
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-