American Fuel Protection Act of 2013 - Deems a claim for liability against a qualified entity as a claim against the United States for damages resulting from, or aggravated by, the use of transportation fuel containing ethanol in concentrations greater than 10% to operate an internal combustion engine. Abrogates U.S. sovereign immunity and makes the United States exclusively liable for such claims. Limits awards to actual damages sustained by a claimant.
Defines "qualified entity" to mean an entity engaged in the manufacture, use, sale, or distribution of: (1) transportation fuel or renewable fuel, or (2) products which use transportation fuel.
Grants U.S. district courts exclusive jurisdiction of any civil actions on such claims.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on the Constitution and Civil Justice.
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