I 
109TH CONGRESS 
1ST SESSION H. R. 3807 
To amend the Clean Air Act to create a uniform national standard for 
gasoline, to eliminate ‘‘boutique’’ fuels, to require the Secretary of En-
ergy to construct, and sell to private businesses, 15 new gasoline refin-
eries, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 15, 2005 
Mr. NEY introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To amend the Clean Air Act to create a uniform national 
standard for gasoline, to eliminate ‘‘boutique’’ fuels, to 
require the Secretary of Energy to construct, and sell 
to private businesses, 15 new gasoline refineries, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ″Restoring Excellence 
in Fuel Independence and National Energy (REFINE) 
Act of 2005″.
SEC. 2. AMENDMENT OF CLEAN AIR ACT FUELS PROVI-
SIONS. 
(a) ELIMINATION
OF MULTIPLE FUELS.—Section 
211(c)(4) of the Clean Air Act is amended to read as fol-
lows: 
‘‘(4) After the date of the enactment of the 
″Restoring Excellence in Fuel Independence and National 
Energy (REFINE) Act of 2005″ no State (or political 
subdivision thereof) may prescribe or attempt to enforce 
any control or prohibition respecting any characteristic or 
component of a fuel or fuel additive in a motor vehicle 
or motor vehicle engine. Any such control or prohibition 
adopted before such date of enactment shall cease to have 
any force and effect on the date 3 years after such date 
of enactment.’’. 
(b) CONVENTIONAL GASOLINE.—Section 211(k) of 
the Clean Air Act is amended to read as follows: 
‘‘(k) 
CONVENTIONAL
GASOLINE
REQUIRED 
THROUGHOUT
ENTIRE
NATION.—The Administrator 
shall promulgate regulations under this subsection requir-
ing that all gasoline sold or introduced into commerce in 
the United States (except the noncontiguous States and 
territories) after the date 3 years after the date of the 
enactment of the ″Restoring Excellence in Fuel Independ-
ence and National Energy (REFINE) Act of 2005″ for 
use in a motor vehicle or motor vehicle engine be conven-
tional gasoline. As used in this section, the term ‘conven-
tional gasoline’ means a single blend of gasoline identified 
in regulations of the Administrator with a uniform chem-
ical composition in all regions of the country that is iden-
tical to the chemical composition of the gasoline most 
widely sold in the United States before the date of the 
enactment of the REFINE Act of 2005 in areas other 
than nonattainment areas.’’. 
(c) OXYGENATED FUELS.—Subsection (m) of section 
211 of the Clean Air Act is repealed. 
SEC. 3. CONSTRUCTION OF REFINERIES. 
(a) GAO STUDY.—The Comptroller General of the 
United States shall conduct, complete, and publish within 
6 months after the enactment of this Act, a study to iden-
tify the the most viable locations throughout the United 
States for the construction of 15 new gasoline refineries. 
The locations shall identified based upon the following fac-
tors: 
(1) Impact on the local community (determined 
after requesting and receiving comments from State, 
county or parish, and municipal governments). 
(2) Regional vulnerability to a natural disaster. 
(3) Regional vulnerability to terrorist attacks. 
(4) Proximity to the Strategic Petroleum Re-
serves.
(5) Accessibility to national transportation sys-
tem. 
(b) REFINERY CONSTRUCTION.— 
(1) 15 REFINERIES.—Upon completion of the 
study under subsection (a), the Secretary of Energy 
shall enter into contracts with private entities for 
the construction of 5 gasoline refineries at the 5 sep-
arate locations throughout the United States identi-
fied by the Comptroller General as most viable. 
After the sale of such refineries under subsection 
(c), the Secretary shall enter into contracts with pri-
vate entities for the construction of an additional 5 
gasoline refineries at the next most viable locations. 
After the sale of such 5 additional refineries under 
subsection (c), the Secretary shall enter into con-
tracts with private entities for the construction of an 
additional 5 refineries at the last 5 most viable loca-
tions. 
(2) SIZE.—Each refinery constructed under this 
subsection shall be capable of processing at least the 
average barrels per day of crude oil equivalent to the 
average of all refineries nationwide as determined on 
December 31st of the previous calendar year and 
shall process at least such amount for a period of