I 
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 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 2011’’. 
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) 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 ve-
hicle 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 equip-
ment 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 pro-
posed labeling requirements for all fuels distributed 
in commerce that exceed the current blending limit 
of ethanol into gasoline to disclose to consumers that 
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using such fuels may harm some conventional vehi-
cles. 
(6) A multi-faceted Federal testing regimen is 
currently underway on newer motor vehicles to de-
termine the effects on motor vehicle engines of in-
creasing 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 com-
merce resulting from a Federal decision to allow an 
increase of the current blending limit of ethanol into 
gasoline. 
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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. 
(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). 
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(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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