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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4621 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4621

 To authorize negotiations with Brazil to eliminate tariffs and trade 
               barriers to United States ethanol exports.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 25, 2012

  Mr. Rangel introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Rules, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To authorize negotiations with Brazil to eliminate tariffs and trade 
               barriers to United States ethanol exports.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Brazil Ethanol Open 
Market Agreements Act''.

SEC. 2. FINDINGS AND STATEMENT OF POLICY.

    (a) Findings.--Congress finds the following:
            (1) Brazil is the second largest consumer of ethanol after 
        the United States. For the United States ethanol industry, 
        Brazil represents a valuable and growing market for United 
        States exports of ethanol. More than one-third of United States 
        ethanol exports were destined for Brazil in 2011.
            (2) Over the last 5 years, exports of United States ethanol 
        have risen dramatically, from approximately 100,000,000 gallons 
        annually, to nearly 500,000,000 gallons exported in 2010, and 
        climbing to more than 1,000,000,000 gallons in 2011 at an 
        estimated $2,500,000,000.
            (3) Intervention in the ethanol sector by the Government of 
        Brazil has distorted the market for imported ethanol in Brazil. 
        To date, Brazil has manipulated the ethanol blending 
        requirement with the effect of reducing demand for imported 
        ethanol; used price controls on gasoline thus reducing demand 
        for ethanol imports; used tax policies to favor consumption of 
        Brazilian produced ethanol over imported ethanol; and 
        subsidized the Brazilian ethanol industry through 
        infrastructure and other policies that encourage Brazilian 
        production and exports. The Brazilian government's actions have 
        had a direct and detrimental impact on United States exports of 
        ethanol to Brazil.
            (4) Brazil recently issued a temporary waiver of its 20 
        percent import tariff on ethanol but retains the ability to 
        revoke the waiver and impose tariffs on United States ethanol.
            (5) At the end of 2011, the United States Government 
        allowed additional duties on ethanol under subchapter I of 
        chapter 99 of the Harmonized Tariff Schedule of the United 
        States to expire.
            (6) The Western Hemisphere has developed a diversified yet 
        integrated supply chain for ethanol production binding Brazil, 
        the Caribbean, and the United States. Preservation of this 
        mutually beneficial relationship in ethanol production should 
        be a key priority in trade negotiations with Brazil.
    (b) Statement of Policy.--Congress calls on the President, acting 
through the Office of the United States Trade Representative, to enter 
into negotiations with Brazil for the purpose of reaching a binding and 
enforceable agreement removing tariff and nontariff barriers to United 
States ethanol exports to Brazil, consistent with the objectives of the 
Caribbean Basin Initiative.

SEC. 3. AUTHORITY TO ENTER INTO ETHANOL TRADE NEGOTIATIONS WITH BRAZIL.

    (a) Principal Trade Negotiating Objectives.--The principal trade 
negotiating objectives of the United States for the agreement described 
in subsection (b) are--
            (1) to obtain open and reciprocal market access for trade 
        in ethanol products between the United States and Brazil;
            (2) to obtain the elimination of barriers and distortions 
        imposed by the national Government of Brazil or its state 
        governments that are directly related to trade in ethanol and 
        that decrease market opportunities for United States ethanol 
        exports to Brazil;
            (3) to ensure a stable market for United States ethanol 
        exports to Brazil, by obtaining a binding, enforceable 
        agreement with appropriate dispute settlement procedures; and
            (4) to promote energy independence and regional stability 
        by preserving existing Caribbean preference programs that 
        strengthen the integrated hemispheric ethanol supply chain 
        among Brazil, the Caribbean nations, and the United States.
    (b) Authority To Enter Into Negotiations With Brazil.--
            (1) In general.--The President is authorized to enter into 
        negotiations with Brazil for the purpose of concluding a trade 
        agreement that achieves the trade negotiating objectives of 
        subsection (a).
            (2) Congressional notification.--The President shall notify 
        the Committees on Ways and Means and Agriculture of the House 
        of Representatives and the Committees on Finance and 
        Agriculture of the Senate in writing not later than 30 days 
        after commencing negotiations under paragraph (1).

SEC. 4. EXTENSION OF ADDITIONAL DUTY ON ETHANOL.

    (a) In General.--Heading 9901.00.50 of the Harmonized Tariff 
Schedule of the United States is amended by striking ``1/1/2012'' in 
the effective period column and inserting ``1/1/2015''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.

SEC. 5. PRESIDENTIAL PROCLAMATION AUTHORITY AND CERTIFICATION OF AN 
              ETHANOL OPEN MARKET AGREEMENT.

    (a) In General.--Beginning on the date on which submits to Congress 
a certification described in subsection (b), and subject to the 
consultation and layover provisions of section 6, the President is 
authorized to proclaim the suspension of the extension of the 
additional duty on ethanol under heading 9901.00.50 of the Harmonized 
Tariff Schedule of the United States, as amended by section 4 of this 
Act.
    (b) Certification Described.--The certification referred to in 
subsection (a) is a certification by the President that the United 
States has obtained an enforceable agreement with the Government of 
Brazil that eliminates all tariffs and nontariff barriers on imported 
United States-produced ethanol, including binding Brazil's tariff rate 
on imports of United States ethanol at an effective rate of zero.

SEC. 6. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, 
              PROCLAIMED ACTIONS.

    The consultation and layover requirements of this section are that 
the President may proclaim an action described in section 5 only if--
            (1) the President has obtained advice regarding the 
        proposed action from--
                    (A) the appropriate advisory committees established 
                under section 135 of the Trade Act of 1974 (19 U.S.C. 
                2155); and
                    (B) the International Trade Commission;
            (2) the President has submitted to the Committee on Finance 
        of the Senate and the Committee on Ways and Means of the House 
        of Representatives a report that sets forth--
                    (A) the action proposed to be proclaimed and the 
                reasons for the action, including a description of how 
                the trade negotiating objectives in section 3 have been 
                met; and
                    (B) the advice obtained under paragraph (1);
            (3) a period of 60 calendar days, beginning on the first 
        day on which the requirements set forth in paragraphs (1) and 
        (2) have been met, has expired; and
            (4) the President has consulted with the committees 
        referred to in paragraph (2) regarding the proposed action 
        during the period referred to in paragraph (3).

SEC. 7. REVIEW OF STATUS OF NEGOTIATIONS WITH BRAZIL ON ESTABLISHMENT 
              OF DUTY-FREE TRADE IN ETHANOL.

    Not later than 180 days after the date of the enactment of this 
Act, and every 12 months thereafter, the President shall submit to the 
Committees on Ways and Means and Agriculture of the House of 
Representatives and the Committees on Finance and Agriculture of the 
Senate a report on the status of trade negotiations described in 
section 3.

SEC. 8. CONGRESSIONAL DISAPPROVAL OF PRESIDENTIAL CERTIFICATION.

    (a) General Rule.--
            (1) In general.--The proclamation authority under section 5 
        shall cease to be effective if a joint resolution described in 
        subsection (b) is enacted into law pursuant to the provisions 
        of paragraph (2).
            (2) Procedural provisions.--
                    (A) In general.--The requirements of this paragraph 
                are met if the joint resolution described in subsection 
                (b) is enacted in accordance with the procedures 
                described in subsection (b), and--
                            (i) Congress adopts and transmits the joint 
                        resolution to the President before the end of 
                        the 90-day period (excluding any day described 
                        in section 154(b) of the Trade Act of 1974), 
                        beginning on the date on which the Congress 
                        receives the certification referred to section 
                        5; and
                            (ii) if the President vetoes the joint 
                        resolution, each House of Congress votes to 
                        override that veto on or before the later of 
                        the last day of the 90-day period referred to 
                        in clause (i) or the last day of the 15-day 
                        period (excluding any day described in section 
                        154(b) of the Trade Act of 1974) beginning on 
                        the date on which the Congress receives the 
                        veto message from the President.
                    (B) Introduction.--A joint resolution to which this 
                section applies may be introduced at any time on or 
                after the date on which the President transmits to 
                Congress a certification described in section 4, and 
                before the end of the 90-day period referred to in 
                subparagraph (A).
    (b) Joint Resolutions.--
            (1) Joint resolutions.--For purposes of this section, the 
        term ``joint resolution'' means only a joint resolution of the 
        two Houses of Congress, the matter after the resolving clause 
        of which is as follows: ``That the suspension of the extension 
        of the additional duty on ethanol under heading 9901.00.50 of 
        the Harmonized Tariff Schedule of the United States, as 
        proclaimed by the President under section 5 of the United 
        States-Brazil Ethanol Open Market Agreements Act, is hereby 
        rescinded.''.
            (2) Procedures.--
                    (A) In general.--A joint resolution under this 
                subsection may be introduced in either House of the 
                Congress by any member of such House.
                    (B) Committee and floor procedures.--Subject to the 
                provisions of this subsection, the provisions of 
                subsections (b), (d), (e), and (f) of section 152 of 
                the Trade Act of 1974 (19 U.S.C. 2192(b), (d), (e), and 
                (f)) apply to a joint resolution under this subsection 
                to the same extent as such provisions apply to a joint 
                resolution under section 152 of such Act.
                    (C) Committee discharge.--If the committee of 
                either House to which a joint resolution under this 
                subsection has been referred has not reported it by the 
                close of the 45th day after its introduction (excluding 
                any day described in section 154(b) of the Trade Act of 
                1974), such committee shall be automatically discharged 
                from further consideration of the joint resolution and 
                it shall be placed on the appropriate calendar.
                    (D) Committees.--It is not in order for--
                            (i) the Senate to consider any joint 
                        resolution unless it has been reported by the 
                        Committee on Finance or the committee has been 
                        discharged under subparagraph (C); or
                            (ii) the House of Representatives to 
                        consider any joint resolution unless it has 
                        been reported by the Committee on Ways and 
                        Means or the committee has been discharged 
                        under subparagraph (C).
                    (E) Consideration in house of representatives.--A 
                motion in the House of Representatives to proceed to 
                the consideration of a joint resolution may only be 
                made on the second legislative day after the calendar 
                day on which the Member making the motion announces to 
                the House his or her intention to do so.
            (3) Consideration of second resolution not in order.--It 
        shall not be in order in either the House of Representatives or 
        the Senate to consider a joint resolution under this subsection 
        (other than a joint resolution received from the other House), 
        if that House has previously adopted a joint resolution under 
        this subsection.
    (c) Rules of House of Representatives and Senate.--This section is 
enacted by Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and the Senate, respectively, and as such is 
        deemed a part of the rules of each House, respectively, and 
        such procedures supersede other rules only to the extent that 
        they are inconsistent with such other rules; and
            (2) with the full recognition of the constitutional right 
        of either House to change the rules (so far as relating to the 
        procedures of that House) at any time, in the same manner, and 
        to the same extent as any other rule of that House.

SEC. 9. RULE OF CONSTRUCTION.

    Nothing in this Act or any amendment made by this Act shall be 
construed to modify any benefit conferred under the Caribbean Basin 
Economic Recovery Act (19 U.S.C. 2701 et seq.).
                                 <all>
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