,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #bbfg  ,,in ,,the ,,house ,,of  
,,representatives  ,june #e1 #bjac ,mr4 
,gene ,green of ,texas 7for himself1    
,mr4 ,culberson1 and ,mr4 ,doyle7       
introduced the following bill2 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 from1 or aggravated   
by1 the inclusion of ethanol in         
transportation fuel4  #a4 ,short title  
,this ,act may be cited as the ,american
 ,fuel ,protection ,act of #bjac4  #b4  
,findings ,the ,congress finds as       
follows3  7#a7 ,ethanol is currently    
widely distributed in commerce for      
general use in all conventional         
gasoline-powered onroad and nonroad     
vehicles and nonroad engines in         
widespread use4  7#b7 ,on ,november #d1 
#bjaj1 ,the ,u4,s4 ,environmental       
,protection ,agency 7,,epa7 granted a   

partial waiver under the ,clean ,air    
,act to increase the blending limit of  
ethanol into gasoline from #aj to #ae   
volume percent ethanol for model year   
#bjjg and newer motor vehicles4  7#c7   
,on ,january #bf1 #bjaa1 the ,,epa      
granted a partial waiver under the      
,clean ,air ,act to increase the        
blending limit of ethanol into gasoline 
from #aj to #ae volume percent ethanol  
for model year #bjja to #bjjf motor     
vehicles4  7#d7 ,as part of ,,epa's     
waiver decisions1 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 used4  7#e7 ,on ,june #bg1 
#bjaa1 the ,,epa1 in consultation with  
the ,federal ,trade ,commission 7,,ftc7 
finalized labeling requirements for all 
fuels distributed in commerce that      
exceed the #aj volume percent ethanol   
blending limit into gasoline to disclose

 to consumers that using such fuels may 
harm older conventional vehicles1 boats1
 and other gasoline powered engines4    
7#f7 ,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 engines4  7#g7  
,effects such as increased engine       
failures1 decreased engine performance1 
increased consumer complaints1 increased
 litigation1 or other unforeseen effects
 could have a significant impact on     
interstate commerce4  7#h7 ,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
 scope4  7#i7 ,motor vehicle            
manufacturers have said damage caused by
 use of gasoline containing #ae volume  
percent ethanol may not be covered by   
warranties1 and therefore use of the    
fuel may void the vehicle warranty4     
7#aj7 ,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 engines4  #c4 ,liability for  
claims based on damages resulting from1 
or aggravated by1 the inclusion of      
ethanol in certain fuel  7a7 ,exclusive 
remedy against ,united ,states  7#a7    
,notwithstanding any other provision of 
law1 any claim of liability described in
 subsection 7b7 against a qualified     
entity is deemed to be a claim of       
liability against the ,united ,states1  
and any such claim shall lie exclusively
 against the ,united ,states4  7#b7     
,sovereign immunity is abrogated as to  
the ,united ,states to the extent set   
forth in this section4  7b7 ,claim of   
liability ,a claim of liability is      
described in this subsection to the     
extent such liability is based upon     

damages resulting from1 or aggravated   
by1 the use of any transportation fuel  
7as defined in section #baa7o7 of the   
,clean ,air ,act7 containing ethanol in 
concentrations greater than #aj percent 
pursuant to a waiver under section      
#baa7;f77#d7 of the ,clean ,air ,act to 
operate an internal combustion engine4  
7c7 ,limit on damages ,damages awarded  
for such a claim shall not exceed the   
actual damages sustained by the         
claimant4  7d7 ,exclusive ,jurisdiction 
,the district courts shall have         
exclusive jurisdiction of any civil     
action on a claim of liability described
 under subsection 7b74  7e7 ,definition 
,in this section1 the term qualified    
entity means an entity engaged in the   
manufacture1 use1 sale1 or distribution 
of--  7#a7 transportation fuel or       
renewable fuel 7as defined in section   
#baa7o7 of the ,clean ,air ,act72 or    
7#b7 products which use transportation  
fuel4