H.R. 2279House110th Congress (2007-2009)In Committee

To expedite the construction of new refining capacity on closed military installations in the United States, and for other purposes.

Introduced May 10, 2007

Legislative Activity

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4 earlier actions
HouseDischarge Latest Action

Motion to Discharge Committee filed by Mr. English (PA). Petition No: 110-9. (Discharge petition text with signatures.)

June 18, 2008

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HouseIntro Referral

Introduced in House

May 10, 2007

HouseIntro Referral

Referred to the Committee on Energy and Commerce, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

May 10, 2007

HouseCommittee

Referred to the Subcommittee on Energy and Air Quality.

May 10, 2007

HouseCommittee

Referred to the Subcommittee on Readiness.

June 28, 2007

HouseDischarge

Motion to Discharge Committee filed by Mr. English (PA). Petition No: 110-9. (Discharge petition text with signatures.)

June 18, 2008

Floor Debate

22 members

What members said about H.R. 2279 on the floor

15 Republicans7 Democrats
Lynn A. Westmoreland
Rep. Lynn A. WestmorelandR-GA-3 · Jul 8, 2008

Madam Speaker, Lord, I don't even know where to start. I've sat here for the last 45 minutes and listened to the Blue Dogs. And I appreciate them very much because there's about 40 or so of them, I…

Tim Walberg
Rep. Tim WalbergR-MI-7 · Jun 10, 2008

Thank you, Mr. Speaker. And just to make sure that my constituents know that I have not changed States, it's Michigan. It starts with an ``M,'' it's up north, it's cold, generally. I can understand…

Pete Sessions
Rep. Pete SessionsR-TX-32 · Jun 19, 2008

Madam Speaker, I want to thank my friend from Massachusetts for yielding me this time to discuss the proposed rule for consideration of the Federal Employees Paid Parental Leave Act. I rise in…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-14 · Jul 9, 2008

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6184) to provide for a program for circulating quarter dollar coins that are emblematic of a national park or other national site in…

Dennis A. Cardoza
Rep. Dennis A. CardozaD-CA-18 · Jun 20, 2008

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 1276 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

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James P. McGovern
Rep. James P. McGovernD-MA-3 · Jun 19, 2008

Madam Speaker, by direction of the Committee on Rules, Madam Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Texas (Mr. Sessions). All time yielded…

Bob Goodlatte
Rep. Bob GoodlatteR-VA-6 · Jun 26, 2008

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I want to commend the chairman of the committee, Mr. Peterson, for his work in this area. We held a hearing on this issue on…

Tom Cole
Rep. Tom ColeR-OK-4 · Jun 10, 2008

I thank my good friend from Michigan for yielding. And I thank him even more for conducting what is an important and enlightening educational experience for the people of our country about the…

Tom Price
Rep. Tom PriceR-GA-6 · Jul 9, 2008

I thank the gentleman for yielding, and I thank him for his leadership on this issue, the national parks quarter bill. We have in my district the Chattahoochee River National Recreation Area, which…

Fred Upton
Rep. Fred UptonR-MI-6 · Jun 10, 2008

Well, I thank my good friend from my neighboring district. And I am pleased to join you tonight and my colleagues from Georgia here and Texas now as well. I'd like to just make a couple of points.…

Collin C. Peterson
Rep. Collin C. PetersonD-MN-7 · Jun 26, 2008

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6377) to direct the Commodity Futures Trading Commission to utilize all its authority, including its emergency powers, to curb…

Paul C. Broun
Rep. Paul C. BrounR-GA-10 · Jun 10, 2008

I thank my colleague. According to AAA, the average American is paying over $4.04 per gallon of gasoline today. Meanwhile, Communist China and Fidel Castro's Communist Cuba are moving forward with…

John Shimkus
Rep. John ShimkusR-IL-19 · Jul 8, 2008

I thank my colleague. Mr. Speaker, it's great to be on the floor tonight, coming back from a week's break, and I'm sure everybody is coming back with the number one issue on their mind, which is high…

Show 11 more
Greg Walden
Rep. Greg WaldenR-OR-2 · Jul 9, 2008

Mr. Speaker, I want to thank my colleague from Delaware and congratulate him and our colleague from New York on this legislation and just advise the body that Oregon, once again, is in the lead when…

Lincoln Diaz-Balart
Rep. Lincoln Diaz-BalartR-FL-21 · Jun 20, 2008

At this time I would like to thank my good friend, the gentleman from California (Mr. Cardoza), for the time and yield myself such time as I may consume. Madam Speaker, when families send their…

Phil Gingrey
Rep. Phil GingreyR-GA-11 · Jul 8, 2008

Mr. Speaker, I appreciate very much my good friend and colleague from Georgia yielding, and I appreciate his taking the time and leading the time tonight to continue to talk about what I consider and…

George Miller
Rep. George MillerD-CA-7 · Jun 20, 2008

I want to thank the gentleman for yielding, and I want to thank the Rules Committee for reporting this rule to the floor and I want to thank Mr. Cardoza for managing this legislation. He has spent…

K. Michael Conaway
Rep. K. Michael ConawayR-TX-11 · Jul 8, 2008

I want to thank my friend. There was an interesting headline and a couple of sentences in today's Hill newspaper, one of the leading newspapers in all of Washington, DC, by the way. It says, ``The…

Phil Gingrey
Rep. Phil GingreyR-GA-11 · Jun 10, 2008

And I appreciate my colleague from Michigan--both of my colleagues from Michigan--and my colleague from Georgia. We've got a number of other Members here as well tonight. But this issue that Mr.…

Bob Etheridge
Rep. Bob EtheridgeD-NC-2 · Jun 26, 2008

I thank the gentleman for yielding. I rise in support of the Energy Market Emergency Act of 2008. I don't have to tell anyone that gas prices have skyrocketed over the last several months. We can all…

Michael N. Castle
Rep. Michael N. CastleR-DE · Jul 9, 2008

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 6184, the America's Beautiful National Parks Quarter Dollar Coin Act of 2008, which I am pleased to…

Peter J. Roskam
Rep. Peter J. RoskamR-IL-6 · Jul 8, 2008

I thank the gentleman for yielding. Thank you for the time. I am absolutely convinced, Mr. Speaker, that this is a pivotal time in our public life and it's a pivotal time that doesn't come along very…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-14 · Jun 19, 2008

I thank the gentleman for his leadership on so many important issues and for supporting working families. This is the 21st century. Both the father and the mother have to work, and this is an…

Carolyn McCarthy
Rep. Carolyn McCarthyD-NY-4 · Jun 20, 2008

Madam Speaker, I thank the Rules Committee and I stand in support of the rule. I want to say thank you to Chairman Miller and the committee staff for working with me on this important legislation,…

Bill Text

Latest available legislative text

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Introduced in HouseIssued May 10, 2007

I

110th CONGRESS

1st Session

H. R. 2279

IN THE HOUSE OF REPRESENTATIVES

May 10, 2007

Mr. Pitts (for himself, Mr. Westmoreland, Mr. Buyer, Mrs. Drake, Mr. Goodlatte, Mr. English of Pennsylvania, Mr. Conaway, Ms. Ginny Brown-Waite of Florida, Mr. Poe, and Mr. Souder) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To expedite the construction of new refining capacity on closed military installations in the United States, and for other purposes.

1.

Definitions

For purposes of this Act—

(1)

the term base closure law means the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note);

(2)

the term closed military installation means a military installation closed or approved for closure pursuant to a base closure law;

(3)

the term designated refinery means a refinery designated under section 2(a);

(4)

the term Federal refinery authorization

(A)

means any authorization required under Federal law, whether administered by a Federal or State administrative agency or official, with respect to siting, construction, expansion, or operation of a refinery; and

(B)

includes any permits, special use authorizations, certifications, opinions, or other approvals required under Federal law with respect to siting, construction, expansion, or operation of a refinery;

(5)

the term refinery means—

(A)

a facility designed and operated to receive, load, unload, store, transport, process, and refine crude oil by any chemical or physical process, including distillation, fluid catalytic cracking, hydrocracking, coking, alkylation, etherification, polymerization, catalytic reforming, isomerization, hydrotreating, blending, and any combination thereof, in order to produce gasoline or other fuel; or

(B)

a facility designed and operated to receive, load, unload, store, transport, process, and refine coal by any chemical or physical process, including liquefaction, in order to produce gasoline, diesel, or other liquid fuel as its primary output;

(6)

the term Secretary means the Secretary of Energy; and

(7)

the term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.

2.

State participation and presidential designation

(a)

Designation requirement

Not later than 90 days after the date of enactment of this Act, the President shall designate no less than 3 closed military installations, or portions thereof, subject to subsection (c)(2), that are appropriate for the purposes of siting a refinery.

(b)

Analysis of refinery sites

In considering any site for possible designation under subsection (a), the President shall conduct an analysis of—

(1)

the availability of crude oil supplies to the site, including supplies from domestic production of shale oil and tar sands and other strategic unconventional fuels;

(2)

the distribution of the Nation’s refined petroleum product demand;

(3)

whether such site is in close proximity to substantial pipeline infrastructure, including both crude oil and refined petroleum product pipelines, and potential infrastructure feasibility;

(4)

the need to diversify the geographical location of the domestic refining capacity;

(5)

the effect that increased refined petroleum products from a refinery on that site may have on the price and supply of gasoline to consumers;

(6)

the impact of locating a refinery on the site on the readiness and operations of the Armed Forces; and

(7)

such other factors as the President considers appropriate.

(c)

Sale or disposal

(1)

Designation

Except as provided in paragraph (2), until the expiration of 2 years after the date of enactment of this Act, the Federal Government shall not sell or otherwise dispose of the military installations designated pursuant to subsection (a).

(2)

Governor’s objection

No site may be used for a refinery under this Act if, not later than 60 days after designation of the site under subsection (a), the Governor of the State in which the site is located transmits to the President an objection to the designation, unless, not later than 60 days after the President receives such objection, the Congress has by law overridden the objection.

(d)

Redevelopment authority

With respect to a closed military installation, or portion thereof, designated by the President as a potentially suitable refinery site pursuant to subsection (a)—

(1)

the redevelopment authority for the installation, in preparing or revising the redevelopment plan for the installation, shall consider the feasibility and practicability of siting a refinery on the installation; and

(2)

the Secretary of Defense, in managing and disposing of real property at the installation pursuant to the base closure law applicable to the installation, shall give substantial deference to the recommendations of the redevelopment authority, as contained in the redevelopment plan for the installation, regarding the siting of a refinery on the installation.

3.

Process coordination and rules of procedure

(a)

Designation as Lead Agency

(1)

In general

The Department of Energy shall act as the lead agency for the purposes of coordinating all applicable Federal refinery authorizations and related environmental reviews with respect to a designated refinery.

(2)

Other agencies

Each Federal and State agency or official required to provide a Federal refinery authorization shall cooperate with the Secretary and comply with the deadlines established by the Secretary.

(b)

Schedule

(1)

Secretary’s authority to set schedule

The Secretary shall establish a schedule for all Federal refinery authorizations with respect to a designated 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 Federal or State administrative agency or official does not complete a proceeding for an approval that is required for a Federal refinery authorization in accordance with the schedule established by the Secretary under this subsection, the applicant may pursue remedies under subsection (d).

(c)

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 Secretary or by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to any Federal refinery authorization. Such record shall be the record for judicial review under subsection (d) of decisions made or actions taken by Federal and State administrative agencies 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 further development of the consolidated record.

(d)

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 action 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 Federal refinery authorization in accordance with the Secretary’s schedule established pursuant to subsection (b) shall be considered inconsistent with Federal 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 inconsistent with the Federal law governing such Federal 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 designated refinery, the Court shall remand the proceeding to the agency or official to take appropriate action consistent with the order of the Court. If the Court remands the order, action, or failure to act to the Federal 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 (c).

(4)

Expedited review

The Court shall set any civil action brought under this subsection for expedited consideration.

(5)

Attorney’s fees

In any action challenging a Federal refinery authorization that has been granted, reasonable attorney’s fees and other expenses of litigation shall be awarded to the prevailing party. This paragraph shall not apply to any action seeking remedies for denial of a Federal refinery authorization or failure to act on an application for a Federal refinery authorization.