I 
111TH CONGRESS 
2D SESSION 
H. R. 6239 
To provide targeted liability protections for claims based on damages resulting 
from, or aggravated by, the inclusion of ethanol in certain fuel, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2010 
Mr. SMITH of Texas introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To provide targeted liability protections for claims based 
on damages resulting from, or aggravated by, the inclu-
sion of ethanol in certain fuel, and for other purposes. 
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 ‘‘Prevention of Frivo-
lous Ethanol Lawsuits Act of 2010’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) Ethanol is currently widely distributed in 
commerce for general use in all conventional gaso-
VerDate Mar 15 2010 
21:57 Oct 07, 2010
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6239.IH
H6239
srobinson on DSKHWCL6B1PROD with BILLS
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 
using such fuels may harm some conventional vehi-
cles. 
VerDate Mar 15 2010 
21:57 Oct 07, 2010
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6239.IH
H6239
srobinson on DSKHWCL6B1PROD with BILLS
(6) A multifaceted 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 has— 
(A) statutory authority to increase the cur-
rent 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. 
SEC. 3. TARGETED LIABILITY PROTECTIONS FOR CLAIMS 
BASED ON DAMAGES RESULTING FROM, OR 
AGGRAVATED BY, THE INCLUSION OF ETH-
ANOL IN CERTAIN FUEL. 
(a) LIABILITY PROTECTIONS.— 
(1) IN GENERAL.—Subject to the other provi-
sions of this section, a covered entity shall be im-
VerDate Mar 15 2010 
02:20 Oct 08, 2010
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6239.IH
H6239
srobinson on DSKHWCL6B1PROD with BILLS
mune from suit and liability under Federal and 
State law with respect to all claims for loss resulting 
from, or being aggravated by, the use of any renew-
able fuel, as defined by section 211(o)(1) of the 
Clean Air Act, and containing ethanol in concentra-
tions of greater than 10 percent, pursuant to a waiv-
er under section 211(f)(4) of the Clean Air Act, to 
operate an internal combustion engine. 
(2) SCOPE
OF
CLAIMS
FOR
LOSS.—For pur-
poses of this section, the term ‘‘loss’’ means any 
type of loss, including— 
(A) death; 
(B) physical, mental, or emotional injury, 
illness, disability, or condition; 
(C) fear of physical, mental, or emotional 
injury, illness, disability, or condition, including 
any need for medical monitoring; and 
(D) loss of or damage to property, includ-
ing business interruption loss. 
Each of subparagraphs (A) through (D) applies 
without regard to the date of the occurrence, presen-
tation, or discovery of the loss described in the sub-
paragraph. 
(3) SCOPE.—The immunity under paragraph 
(1) applies to any claim for loss that has a causal 
VerDate Mar 15 2010 
21:57 Oct 07, 2010
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6239.IH
H6239
srobinson on DSKHWCL6B1PROD with BILLS
relationship with the use of any renewable fuel, as 
defined by section 211(o)(1) of the Clean Air Act, 
and containing ethanol in concentrations of greater 
than 10 percent, pursuant to a waiver under section 
211(f)(4) of the Clean Air Act, to operate an inter-
nal combustion engine including a causal relation-
ship with the design, development, testing or inves-
tigation, manufacture, labeling, distribution, formu-
lation, packaging, marketing, promotion, sale, pur-
chase, dispensing, administration, licensing, or use 
of such renewable fuel. 
(b) EXCEPTION TO IMMUNITY OF COVERED PER-
SONS.— 
(1) IN GENERAL.—Subject to subsection (i), the 
sole exception to the immunity from suit and liabil-
ity of covered persons set forth in subsection (a) 
shall be for an exclusive Federal cause of action 
against a covered person for death or serious phys-
ical injury proximately caused by willful misconduct, 
as defined pursuant to subsection (c), by such cov-
ered person. For purposes of section 2679(b)(2)(B) 
of title 28, United States Code, such a cause of ac-
tion is not an action brought for violation of a stat-
ute of the United States under which an action 
against an individual is otherwise authorized. 
VerDate Mar 15 2010 
21:57 Oct 07, 2010
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6239.IH
H6239
srobinson on DSKHWCL6B1PROD with BILLS
(2) PERSONS WHO CAN SUE.—An action under 
this subsection may be brought for wrongful death 
or serious physical injury by any person who suffers 
such injury or by any representative of such a per-
son. 
(c) PROCEDURES FOR SUIT.— 
(1) EXCLUSIVE FEDERAL JURISDICTION.—Any 
action under subsection (b) shall be filed and main-
tained only in the United States District Court for 
the District of Columbia. 
(2) GOVERNING LAW.—The substantive law for 
decision in an action under subsection (b) shall be 
derived from the law, including choice of law prin-
ciples, of the State in which the alleged willful mis-
conduct occurred, unless such law is inconsistent 
with or preempted by Federal law, including provi-
sions of this section. 
(3) PLEADING
WITH
PARTICULARITY.—In an 
action under subsection (b), the complaint shall 
plead with particularity each element of the plain-
tiff’s claim, including— 
(A) each act or omission, by each covered 
person sued, that is alleged to constitute willful 
misconduct; 
VerDate Mar 15 2010 
21:57 Oct 07, 2010
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6239.IH
H6239
srobinson on DSKHWCL6B1PROD with BILLS
(B) facts supporting the allegation that 
such alleged willful misconduct proximately 
caused the injury claimed; and 
(C) facts supporting the allegation that the 
person on whose behalf the complaint was filed 
suffered death or serious physical injury. 
(4) VERIFICATION REQUIREMENT.— 
(A) IN GENERAL.—The complaint shall in-
clude a verification, made by affidavit of the 
plaintiff under oath, stating that the pleading is 
true to the knowledge of the deponent, except 
as to matters specifically identified as being al-
leged on information and belief, and that as to 
those matters the plaintiff believes it to be true. 
(B) IDENTIFICATION
OF
MATTERS
AL-
LEGED UPON INFORMATION AND BELIEF.—Any 
matter that is not specifically identified as 
being alleged upon the information and belief of 
the plaintiff, shall be regarded for all purposes, 
including a criminal prosecution, as having been 
made upon the knowledge of the plaintiff. 
(5) PROOF OF WILLFUL MISCONDUCT.—In an 
action under subsection (b), the plaintiff shall have 
the burden of proving by clear and convincing evi-
VerDate Mar 15 2010 
21:57 Oct 07, 2010
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6239.IH
H6239
srobinson on DSKHWCL6B1PROD with BILLS