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 inclu-
sion of ethanol in transportation fuel. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Fuel Protec-
tion Act of 2013’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
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(1) Ethanol is currently widely distributed in 
commerce for general use in all conventional gaso-
line-powered onroad and nonroad vehicles and 
nonroad engines in widespread use. 
(2) On November 4, 2010, The U.S. Environ-
mental 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 Ad-
ministrator found that the increased ethanol will not 
cause or contribute to a failure of any emission con-
trol 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 consulta-
tion with the Federal Trade Commission (FTC) fi-
nalized labeling requirements for all fuels distributed 
in commerce that exceed the 10 volume percent eth-
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anol blending limit into gasoline to disclose to con-
sumers that using such fuels may harm older con-
ventional vehicles, boats, and other gasoline powered 
engines. 
(6) Research has raised significant questions 
and concerns about the effects of using higher eth-
anol blends on for motor vehicle and equipment en-
gines 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 in-
creasing the blending limit of ethanol into gasoline 
was lacking in scope. 
(9) Motor vehicle manufacturers have said dam-
age 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 com-
merce resulting from a Federal decision to allow an 
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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 RE-
SULTING FROM, OR AGGRAVATED BY, THE IN-
CLUSION 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 de-
scribed 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 con-
centrations greater than 10 percent pursuant to a waiver 
under section 211(f)(4) of the Clean Air Act to operate 
an internal combustion engine. 
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(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 de-
fined in section 211(o) of the Clean Air Act); or 
(2) products which use transportation fuel. 
Æ 
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