[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2267 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2267

  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

                              June 5, 2013

  Mr. Gene Green of Texas (for himself, Mr. Culberson, and Mr. Doyle) 
 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 
2013''.

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) On November 4, 2010, The U.S. Environmental Protection 
        Agency (EPA) granted a partial waiver under the Clean Air Act 
        to increase the blending limit of ethanol into gasoline from 10 
        to 15 volume percent ethanol for model year 2007 and newer 
        motor vehicles.
            (3) On January 26, 2011, the EPA granted a partial waiver 
        under the Clean Air Act to increase the blending limit of 
        ethanol into gasoline from 10 to 15 volume percent ethanol for 
        model year 2001 to 2006 motor vehicles.
            (4) As part of EPA's waiver decisions, the Administrator 
        found that the increased ethanol will not cause or contribute 
        to a failure of any emission control device or system over the 
        useful life of the motor vehicle and motor vehicle engine which 
        such fuel is used.
            (5) On June 27, 2011, the EPA, in consultation with the 
        Federal Trade Commission (FTC) finalized labeling requirements 
        for all fuels distributed in commerce that exceed the 10 volume 
        percent ethanol blending limit into gasoline to disclose to 
        consumers that using such fuels may harm older conventional 
        vehicles, boats, and other gasoline powered engines.
            (6) Research has raised significant questions and concerns 
        about the effects of using higher ethanol blends on for motor 
        vehicle and equipment engines on the performance of such 
        engines.
            (7) 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.
            (8) Federal testing on newer motor vehicles to determine 
        the effects on motor vehicle engines of increasing the blending 
        limit of ethanol into gasoline was lacking in scope.
            (9) Motor vehicle manufacturers have said damage caused by 
        use of gasoline containing 15 volume percent ethanol may not be 
        covered by warranties, and therefore use of the fuel may void 
        the vehicle warranty.
            (10) 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 despite indications 
        that the use of such fuel may cause damage to motor vehicles 
        and equipment engines.

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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