I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Fuel Protec5 tion Act of 2013’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 


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1 (1) Ethanol is currently widely distributed in 

2 commerce for general use in all conventional gaso3 line-powered onroad and nonroad vehicles and 

4 nonroad engines in widespread use. 

5 (2) On November 4, 2010, The U.S. Environ6 mental Protection Agency (EPA) granted a partial 

7 waiver under the Clean Air Act to increase the 

8 blending limit of ethanol into gasoline from 10 to 15 

9 volume percent ethanol for model year 2007 and 

10 newer motor vehicles. 

11 (3) On January 26, 2011, the EPA granted a 

12 partial waiver under the Clean Air Act to increase 

13 the blending limit of ethanol into gasoline from 10 

14 to 15 volume percent ethanol for model year 2001 

15 to 2006 motor vehicles. 

16 (4) As part of EPA’s waiver decisions, the Ad17 ministrator found that the increased ethanol will not 

18 cause or contribute to a failure of any emission con19 trol device or system over the useful life of the motor 

20 vehicle and motor vehicle engine which such fuel is 

21 used. 

22 (5) On June 27, 2011, the EPA, in consulta23 tion with the Federal Trade Commission (FTC) fi24 nalized labeling requirements for all fuels distributed 

25 in commerce that exceed the 10 volume percent ethVerDate Mar 15 2010 00:49 Jun 07, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2267.IH H2267

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1 anol blending limit into gasoline to disclose to con2 sumers that using such fuels may harm older con3 ventional vehicles, boats, and other gasoline powered 

4 engines. 

5 (6) Research has raised significant questions 

6 and concerns about the effects of using higher eth7 anol blends on for motor vehicle and equipment en8 gines on the performance of such engines. 

9 (7) Effects such as increased engine failures, 

10 decreased engine performance, increased consumer 

11 complaints, increased litigation, or other unforeseen 

12 effects could have a significant impact on interstate 

13 commerce. 

14 (8) Federal testing on newer motor vehicles to 

15 determine the effects on motor vehicle engines of in16 creasing the blending limit of ethanol into gasoline 

17 was lacking in scope. 

18 (9) Motor vehicle manufacturers have said dam19 age caused by use of gasoline containing 15 volume 

20 percent ethanol may not be covered by warranties, 

21 and therefore use of the fuel may void the vehicle 

22 warranty. 

23 (10) It is appropriate for Congress to mitigate 

24 undue effects on parties engaged in interstate com25 merce resulting from a Federal decision to allow an 


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1 increase of the current blending limit of ethanol into 

2 gasoline despite indications that the use of such fuel 

3 may cause damage to motor vehicles and equipment 

4 engines. 

5 SEC. 3. LIABILITY FOR CLAIMS BASED ON DAMAGES RE6 SULTING FROM, OR AGGRAVATED BY, THE IN7 CLUSION OF ETHANOL IN CERTAIN FUEL. 

8 (a) EXCLUSIVE REMEDY AGAINST UNITED

9 STATES.— 

10 (1) Notwithstanding any other provision of law, 

11 any claim of liability described in subsection (b) 

12 against a qualified entity is deemed to be a claim of 

13 liability against the United States, and any such 

14 claim shall lie exclusively against the United States. 

15 (2) Sovereign immunity is abrogated as to the 

16 United States to the extent set forth in this section. 

17 (b) CLAIM OF LIABILITY.—A claim of liability is de18 scribed in this subsection to the extent such liability is 

19 based upon damages resulting from, or aggravated by, the 

20 use of any transportation fuel (as defined in section 

21 211(o) of the Clean Air Act) containing ethanol in con22 centrations greater than 10 percent pursuant to a waiver 

23 under section 211(f)(4) of the Clean Air Act to operate 

24 an internal combustion engine. 


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1 (c) LIMIT ON DAMAGES.—Damages awarded for such 

2 a claim shall not exceed the actual damages sustained by 

3 the claimant. 

4 (d) EXCLUSIVE JURISDICTION.—The district courts 

5 shall have exclusive jurisdiction of any civil action on a 

6 claim of liability described under subsection (b). 

7 (e) DEFINITION.—In this section, the term ‘‘qualified 

8 entity’’ means an entity engaged in the manufacture, use, 

9 sale, or distribution of— 

10 (1) transportation fuel or renewable fuel (as de11 fined in section 211(o) of the Clean Air Act); or 

12 (2) products which use transportation fuel. 

Æ 


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