S.Amdt. 3653

1. Adds SEC. 15__. RENEWABLE FUEL at the end of subtitle F of title I

   Adds a section

   In H.R. 4872 · Placed on Calendar Senate

   Section 279(b) of the Trade Act of 1974 (19 U.S.C. 2372a(b)) is amended by striking "Supplement" and all that follows through "Funds" and inserting "There are" and by striking "pursuant" and all that follows and inserting "$500,000,000 for each of fiscal years 2011, 2012, 2013, and 2014 to carry out this subchapter, except that the limitations contained in section 278(a)(2) shall not apply to such funds and each State shall receive not less than 0.5 percent of the amount appropriated pursuant to this subsection for each such fiscal year.".

   Inserted: SEC. 15__. RENEWABLE FUEL.

   Inserted: (a) Definition of Renewable Fuel.--Section 211(o)(1)(J) of the Clean Air Act (42 U.S.C. 7545(o)(1)(J)) is amended by striking "fuel that is produced" and inserting "a blend of fuel at least 85 percent of the content of which is derived".

   Inserted: (b) Liability Protection for Renewable Fuel or Ethanol Manufacture, Use, or Distribution.--

   Inserted: (1) In general.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by adding at the end the following:

   Inserted: "(13) Liability protection for renewable fuel or ethanol manufacture, use, or distribution.--

   Inserted: "(A) In general.--Notwithstanding any other provision of Federal or State law, no renewable fuel or ethanol used or intended to be used as a motor vehicle fuel, nor any motor vehicle fuel containing renewable fuel or ethanol, shall be considered a defective product or subject to a failure to warn by virtue of the fact that the renewable fuel or ethanol is, or contains, the renewable fuel or ethanol, if the renewable fuel or ethanol does not violate a control or prohibition imposed by the Administrator under this section.

   Inserted: "(B) Effect on liability.--Nothing in this paragraph affects the liability of any person other than liability based on a claim of a defective product and failure to warn of the defect.".

   Inserted: (2) Effective date; application.--The amendment made by paragraph (1) shall--

   Inserted: (A) be effective on the earlier of--

   Inserted: (i) the date of enactment of this Act; or

   Inserted: (ii) the date on which the Administrator of the Environmental Protection Agency approves for use fuel blends with greater than 10 percent ethanol by volume; and

   Inserted: (B) apply with respect to all claims filed on or after the earlier date described in subparagraph (A).

   Original wording

   At the end of subtitle F of title I, add the following:

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As printed