I 111th CONGRESS 2d Session H. R. 4512 IN THE HOUSE OF REPRESENTATIVES January 26, 2010 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Secretary of Energy to implement country-of-origin disclosure requirements with respect to motor vehicle fuels, and for other purposes.

1.

Short title

This Act may be cited as the Country-of-Origin Labeling for Fuels Act.

2.

Definitions

In this Act: (1)

Country-of-origin information

The term country-of-origin information means information regarding each country in which motor vehicle fuel or the components of such fuel were extracted, refined, or otherwise processed. (2)

Motor vehicle fuel

The term motor vehicle fuel— (A)means any fuel used to power an automobile, as defined in section 32901(3) of title 49, United States Code; and (B)includes alternative fuels, as defined in section 32901(1) of such title, other than electricity (including electricity from solar energy). (3)

Motor vehicle fuel retailer

The term motor vehicle fuel retailer means a person in the motor vehicle fuel supply chain who sells motor vehicle fuel to the general public for ultimate consumption. (4)

Motor vehicle fuel supplier

The term motor vehicle fuel supplier means a person in the motor vehicle fuel supply chain other than a motor vehicle fuel retailer.

3.

Study on implementing country-of-origin labeling for motor vehicle fuel

(a)

In general

Not later than 1 year after the date of the enactment of this Act, the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall— (1)conduct a study to determine appropriate methods and standards for requiring that— (A)motor vehicle fuel suppliers disclose country-of-origin information with respect to motor vehicle fuel to the next person in the motor vehicle fuel supply chain; and (B)motor vehicle retailers disclose such information to consumers; and (2)make recommendations with respect to the most feasible and cost-effective country-of-origin information disclosure requirements that can be imposed on motor vehicle fuel suppliers and motor vehicle fuel retailers. (b)

Elements of study

The study required by subsection (a) shall address the following: (1)The extent to which persons at each step in the motor vehicle fuel supply chain have access to country-of-origin information regarding the fuel they sell, and the nature of any such information. (2)An assessment of whether such information is adequate— (A)to enable a motor vehicle fuel supplier to provide country-of-origin information to the next person in the supply chain; and (B)to enable a motor vehicle fuel retailer to provide country-of-origin information to consumers, by displaying that information at fuel pumps or on a website. (3)If the Secretary determines under paragraph (2) that such information is inadequate to enable motor vehicle fuel suppliers or motor vehicle fuel retailers to provide country-of-origin information, measures that can be taken to collect adequate information— (A)by the Secretary; and (B)by motor vehicle fuel suppliers and motor vehicle fuel retailers. (4)The feasibility of various country-of-origin information disclosure requirements, including— (A)displaying at each fuel pump the precise country or countries in which the fuel being dispensed to each consumer originated; and (B)displaying at each motor vehicle fuel retailer or on the website of each motor vehicle fuel supplier or motor vehicle fuel retailer the country or countries from which the fuel the supplier or retailer (as the case may be) sells generally originates. (5)Such other issues relating to motor vehicle fuel country-of-origin information disclosure requirements as the Secretary considers appropriate. (c)

Report to Congress

Not later than 90 days after completing the study required by subsection (a), the Secretary shall submit to Congress a report that— (1)summarizes the results of the study; and (2)contains the recommendations required by subsection (a)(2).

4.

Regulations requiring country-of-origin information disclosure

(a)

In general

Not later than 180 days after submitting the report required by section 3(c), the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall prescribe regulations requiring disclosure of country-of-origin information by motor vehicle fuel suppliers and motor vehicle fuel retailers in accordance with the Secretary’s recommendations in the report. (b)

70 percent threshold

The regulations required by subsection (a) shall not require the listing of more than one country-of-origin for a fuel blend containing fuel 70 percent or more of which originated in a single country.

5.

Enforcement

(a)

In general

Subject to subsection (b), the Secretary of Energy may impose a civil penalty of not more than $10,000 on a person that the Secretary determines, in accordance with section 554 of title 5, United States Code, knowingly violates the regulations prescribed under section 4. (b)

Requirements with respect to imposition of penalty

(1)

Notice

The Secretary of Energy may not impose a penalty upon a person for violating the regulations prescribed under section 4 unless— (A)the Secretary provides the person with notice of the violation; and (B)the violation continues for more than 30 days after the date on which the person received notice under subparagraph (A). (2)

Determination of amount of penalty

In determining the amount of the penalty to be imposed on a person for violating the regulations prescribed under section 4, the Secretary shall consider the severity of the violation, the size of the person’s business, and the effect of the penalty on the person’s ability to continue in business.