1.This Act may be cited as the
American Fuel Protection Act of
2010
.
2.The Congress finds as follows:
(1)Ethanol is currently widely distributed in
commerce for general use in all conventional gasoline-powered onroad and
nonroad vehicles and nonroad engines in widespread use.
(2)A
decision to increase the current blending limit of ethanol into gasoline for
motor vehicle and equipment engines requires an agency finding that the
increased emission products will not cause or contribute to a failure of any
emission control device or system (over the useful life of the motor vehicle,
motor vehicle engine, nonroad engine or nonroad vehicle in which such device or
system is used).
(3)Significant
questions and concerns exist as to the effects of increasing the current
blending limit of ethanol into gasoline for motor vehicle and equipment engines
on the performance of such engines.
(4)Effects such as
increased engine failures, decreased engine performance, increased consumer
complaints, increased litigation, or other unforeseen effects could have a
significant impact on interstate commerce.
(5)The Federal Trade
Commission has proposed labeling requirements for all fuels distributed in
commerce that exceed the current blending limit of ethanol into gasoline to
disclose to consumers that using such fuels may harm some conventional
vehicles.
(6)A
multi-faceted Federal testing regimen is currently underway on newer motor
vehicles to determine the effects on motor vehicle engines of increasing the
current blending limit of ethanol into gasoline.
(7)There is
insufficient data on the effects of increasing the current blending limit of
ethanol into gasoline on older vehicles and nonroad engines.
(8)Nonetheless, the
executive branch—
(A)has statutory authority to increase the
current blending limit of ethanol into gasoline; and
(B)is currently undertaking a process to reach
a decision on this issue.
(9)It is appropriate for Congress to mitigate
undue effects on parties engaged in interstate commerce resulting from a
Federal decision to allow an increase of the current blending limit of ethanol
into gasoline.
3.Liability for
claims based on damages resulting from, or aggravated by, the inclusion of
ethanol in certain fuel
(a)Exclusive remedy
against United States
(1)Notwithstanding
any other provision of law, any claim of liability described in subsection (b)
against a qualified entity is deemed to be a claim of liability against the
United States, and any such claim shall lie exclusively against the United
States.
(2)Sovereign immunity
is abrogated as to the United States to the extent set forth in this
section.
(b)A claim of
liability is described in this subsection to the extent such liability is based
upon damages resulting from, or aggravated by, the use of any transportation
fuel (as defined in section 211(o) of the Clean Air Act) containing ethanol in
concentrations greater than 10 percent pursuant to a waiver under section
211(f)(4) of the Clean Air Act to operate an internal combustion engine.
(c)Damages awarded for such a claim shall not exceed the
actual damages sustained by the claimant.
(d)The district
courts shall have exclusive jurisdiction of any civil action on a claim of
liability described under subsection (b).
(e)In this section, the term qualified
entity
means an entity engaged in the manufacture, use, sale, or
distribution of—
(1)transportation
fuel or renewable fuel (as defined in section 211(o) of the Clean Air Act);
or
(2)products which use
transportation fuel.