[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 523 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 523

  To make the United States exclusively liable for certain claims of 
liability to the extent such liability is a claim for damages resulting 
  from, or aggravated by, the inclusion of ethanol in transportation 
                                 fuel.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2011

 Mr. Gonzalez introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To make the United States exclusively liable for certain claims of 
liability to the extent such liability is a claim for damages resulting 
  from, or aggravated by, the inclusion of ethanol in transportation 
                                 fuel.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Fuel Protection Act of 
2011''.

SEC. 2. FINDINGS.

    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.

SEC. 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) Claim of Liability.--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) Limit on Damages.--Damages awarded for such a claim shall not 
exceed the actual damages sustained by the claimant.
    (d) Exclusive Jurisdiction.--The district courts shall have 
exclusive jurisdiction of any civil action on a claim of liability 
described under subsection (b).
    (e) Definition.--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.
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