I 
109TH CONGRESS 
1ST SESSION H. R. 3836 
To expedite the construction of new refining capacity in the United States. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 20, 2005 
Mr. SHADEGG (for himself, Mr. BARRETT of South Carolina, Mr. BISHOP of 
Utah, Mrs. BLACKBURN, Mr. BROWN of South Carolina, Mr. CANTOR, 
Mr. CHABOT, Mr. CHOCOLA, Mr. DOOLITTLE, Mr. FEENEY, Mr. FLAKE, 
Ms. FOXX, Mr. FRANKS of Arizona, Mr. GARRETT of New Jersey, Mr. 
GINGREY, Mr. GOHMERT, Mr. GOODE, Ms. HART, Mr. HENSARLING, Mr. 
ISTOOK, Mr. SAM JOHNSON of Texas, Mr. KENNEDY of Minnesota, Mr. 
KIRK, Mr. MCHENRY, Mrs. MUSGRAVE, Mr. PENCE, Mr. PITTS, Mr. 
SENSENBRENNER, Mr. SULLIVAN, Mr. WAMP, Mr. WESTMORELAND, Mr. 
WICKER, and Mr. WILSON of South Carolina) introduced the following 
bill; which was referred to the Committee on Energy and Commerce, and 
in addition to the Committees on Resources, and Transportation and In-
frastructure, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To expedite the construction of new refining capacity in 
the United States. 
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 ‘‘Fuel Supply Improve-
ment Act of 2005’’.
SEC. 2. FINDINGS. 
The Congress makes the following findings: 
(1) Hurricane Katrina, which struck the Gulf 
Coast and New Orleans, Louisiana, on August 29, 
2005, substantially disrupted petroleum production, 
refining, and pipeline systems in the region, impact-
ing energy prices and supply nationwide. 
(2) In the immediate aftermath of Katrina, 
United States refining capacity was reduced by more 
than 2,000,000 barrels per day. While some capacity 
was restored within several days, 4 refineries with a 
total capacity of 879,000 barrels per day, roughly 5 
percent of pre-Katrina capacity, remain offline. 
These refineries sustained major damage and will 
not reopen for an extended period of time. 
(3) Within a week of the hurricane’s landfall, 
the national average retail price for motor vehicle 
gasoline rose by 46 cents to $3.069 per gallon. 
Prices of other refined fuels also rose quickly in re-
sponse to the hurricane. 
(4) Before Katrina, United States refining ca-
pacity was already significantly strained, with indus-
try average utilization rates of 95 percent of capac-
ity or higher. 
(5) No new refinery has been constructed in the 
United States since 1976. There are 148 operating
refineries in the United States, down from 324 in 
1981. Total capacity at operating refineries is 
17,000,000 barrels per day, while total United 
States demand averages nearly 21,000,000 barrels 
per day. This growing gap is met by an increasing 
amount of imports of refined products from foreign 
sources. 
(6) A growing reliance on foreign sources of re-
fined petroleum products impairs our national secu-
rity interests. 
(7) It serves the national interest to increase 
refinery capacity for gasoline, heating oil, diesel fuel, 
and jet fuel wherever located within the United 
States, to bring more supply to the markets for use 
by the American people. Production and use of re-
fined petroleum products has a significant impact on 
interstate commerce. 
(8) Refiners are subject to significant environ-
mental and other regulations and face several new 
Clean Air Act requirements over the next decade. 
New Clean Air Act requirements may benefit the en-
vironment but will also require substantial capital 
investment and additional government permits. 
(9) More regulatory certainty for refinery own-
ers is needed to stimulate investment in increased
refinery capacity. Required procedures for regulatory 
approvals need to be streamlined to ensure that in-
creased refinery capacity can be developed and oper-
ated in a safe, timely, and cost-effective manner. 
SEC. 3. EXPEDITED FEDERAL PERMITTING. 
(a) IN GENERAL.—Except as provided in subsection 
(b), an application for a permit under a law described in 
subsection (c) to construct or expand a petroleum refining 
facility in the United States shall be approved not later 
than 90 days after a complete application is received. If 
such permit is not approved within 90 days, the Secretary 
of Energy, in consultation with the Office of Regulatory 
Assistance, shall issue the permit. The Secretary of En-
ergy shall coordinate Federal implementation of this sub-
section. 
(b) PRESIDENTIAL
DETERMINATION.—A permit 
shall not be approved under subsection (a) if the President 
determines that the benefits to the United States of in-
creased refinery capacity that would be provided by the 
proposed construction or expansion are outweighed by the 
costs of approving the permit. A decision by the President 
to not make a determination under this subsection shall 
not be subject to judicial review. 
(c) COVERED LAWS.—This section applies only to 
permits under the Clean Air Act, the Federal Water Pollu-