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, and amounts deposited into the ac-
count, whether appropriated or received from a non-Fed-
eral source, shall be available to the Secretary, without 
further appropriation, for the payment of the costs speci-
fied in subsection (b)(3). 
(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; or 
(2) on a site designated by the President under 
section 101(a). 
SEC. 105. MILITARY USE REFINERY. 
(a) AUTHORIZATION.—The President may authorize 
the design of, obtain all necessary Federal refinery author-
izations for, acquire an appropriate site for, and authorize 
the construction and operation of a refinery for the pur-
pose of manufacturing petroleum products for consump-
tion by the Armed Forces of the United States. A refinery 
constructed under this section shall be located at a site 
designated by the President under section 101(b). 
(b) SOLICITATION
FOR DESIGN
AND CONSTRUC-
TION.—The President shall solicit proposals for the design 
and construction of a refinery under this section. In select-
ing a proposal under this subsection, the President shall 
consider— 
(1) the ability of the applicant to undertake and 
complete the project; 
(2) the extent to which the applicant’s proposal 
serves the purposes of the project; and
(3) the ability of the applicant to best satisfy 
the criteria set forth in subsection (c). 
(c) REFINERY CRITERIA.—A refinery constructed 
under this section shall meet or exceed the industry aver-
age for— 
(1) construction efficiencies; and 
(2) operational efficiencies, including cost effi-
ciencies. 
(d) OPERATION.—When all design, Federal refinery 
authorization, acquisition, and construction activities are 
completed with respect to a refinery under this section, 
the President shall offer for sale or lease the rights to op-
erate such refinery. If the President is unable to sell or 
lease the right to operate the refinery, it shall be operated 
by the Federal Government. 
(e) USE OF PRODUCTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), all petroleum products manufactured at a 
refinery constructed under this section shall be for 
use by the Armed Forces of the United States. 
(2) EXCEPTION.—The Secretary of Energy, at 
the direction of the President, may sell any portion 
of the petroleum products manufactured at the re-
finery that are not needed for the purposes described
in paragraph (1) in private markets at the products’ 
fair market value. 
SEC. 106. NEW SOURCE REVIEW UNDER CLEAN AIR ACT. 
(a) RULEMAKING.—Considering the devastation 
brought about by the recent natural disasters, and the ad-
verse impact of such disasters on the United States energy 
markets, including both the availability and the price of 
energy, the Administrator shall initiate a rulemaking, to 
issue guidance, and to take all other appropriate steps to 
reform, as expeditiously as practicable, the New Source 
Review programs under title I, parts C and D of the Clean 
Air Act. Taking into account the urgent need to increase 
the efficiency and availability and to improve the reliability 
of the energy supply to consumers and industrial sources, 
and to secure a decrease in energy prices, the Adminis-
trator, in undertaking these reform efforts, should utilize 
and draw upon the maximum legal flexibility available 
under existing law, in order to enable energy industry fa-
cilities, including, but not limited to, refineries, electric 
power generating stations, and compressor stations, to un-
dertake without hindrance, promptly and in the least-cost 
manner, projects to maintain, to restore, and to improve 
the efficiency, the reliability, or the availability of such fa-
cilities.