[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 685 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 685

                  To repeal the Federal sugar program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2011

  Mr. Lugar (for himself and Mr. Paul) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
                  To repeal the Federal sugar program.

    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 ``Free Sugar Act of 2011''.

SEC. 2. SUGAR PROGRAM.

    Section 156 of the Federal Agriculture Improvement and Reform Act 
of 1996 (7 U.S.C. 7272) is repealed.

SEC. 3. ELIMINATION OF SUGAR PRICE SUPPORT AND PRODUCTION ADJUSTMENT 
              PROGRAMS.

    (a) In General.--Notwithstanding any other provision of law--
            (1) a processor of any of the 2012 or subsequent crops of 
        sugarcane or sugar beets shall not be eligible for a loan under 
        any provision of law with respect to the crop; and
            (2) the Secretary of Agriculture may not make price support 
        available, whether in the form of a loan, payment, purchase, or 
        other operation, for any of the 2012 and subsequent crops of 
        sugar beets and sugarcane by using the funds of the Commodity 
        Credit Corporation or other funds available to the Secretary.
    (b) Termination of Marketing Quotas and Allotments.--
            (1) In general.--Part VII of subtitle B of title III of the 
        Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) 
        is repealed.
            (2) Conforming amendment.--Section 344(f)(2) of the 
        Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is 
        amended by striking ``sugar cane for sugar, sugar beets for 
        sugar,''.
    (c) General Powers.--
            (1) Section 32 activities.--Section 32 of the Act of August 
        24, 1935 (7 U.S.C. 612c), is amended in the second sentence of 
        the first paragraph--
                    (A) in paragraph (1), by inserting ``(other than 
                sugar beets and sugarcane)'' after ``commodities''; and
                    (B) in paragraph (3), by inserting ``(other than 
                sugar beets and sugarcane)'' after ``commodity''.
            (2) Powers of commodity credit corporation.--Section 5(a) 
        of the Commodity Credit Corporation Charter Act (15 U.S.C. 
        714c(a)) is amended by inserting ``, sugar beets, and 
        sugarcane'' after ``tobacco''.
            (3) Price support for nonbasic agricultural commodities.--
        Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 
        1446(a)) is amended by striking ``milk, sugar beets, and 
        sugarcane'' and inserting ``, and milk''.
            (4) Commodity credit corporation storage payments.--Section 
        167 of the Federal Agriculture Improvement and Reform Act of 
        1996 (7 U.S.C. 7287) is repealed.
            (5) Suspension and repeal of permanent price support 
        authority.--Section 171(a)(1) of the Federal Agriculture 
        Improvement and Reform Act of 1996 (7 U.S.C. 7301(a)(1)) is 
        amended--
                    (A) by striking subparagraph (E); and
                    (B) by redesignating subparagraphs (F) through (I) 
                as subparagraphs (E) through (H), respectively.
            (6) Storage facility loans.--Section 1402(c) of the Farm 
        Security and Rural Investment Act of 2002 (7 U.S.C. 7971) is 
        repealed.
            (7) Feedstock flexibility program for bioenergy 
        producers.--Section 9010 of the Farm Security and Rural 
        Investment Act of 2002 (7 U.S.C. 8110) is repealed.
    (d) Transition Provisions.--This section and the amendments made by 
this section shall not affect the liability of any person under any 
provision of law as in effect before the application of this section 
and the amendments made by this section.

SEC. 4. ELIMINATION OF SUGAR TARIFF AND OVER-QUOTA TARIFF RATE.

    (a) Elimination of Tariff on Raw Cane Sugar.--Chapter 17 of the 
Harmonized Tariff Schedule of the United States is amended by striking 
subheadings 1701.11 through 1701.11.50 and inserting in numerical 
sequence the following new subheading, with the article description for 
such subheading having the same degree of indentation as the article 
description for subheading 1701.11, as in effect on the day before the 
date of the enactment of this section:


``      1701.11.00       Cane sugar.........  Free                 ...................  39.85 cents/kg      ''.

    (b) Elimination of Tariff on Beet Sugar.--Chapter 17 of the 
Harmonized Tariff Schedule of the United States is amended by striking 
subheadings 1701.12 through 1701.12.50 and inserting in numerical 
sequence the following new subheading, with the article description for 
such subheading having the same degree of indentation as the article 
description for subheading 1701.12, as in effect on the day before the 
date of the enactment of this section:


``       1701.12.00       Beet sugar.........  Free                 ...................  42.05 cents/kg       ''
                                                                                                               .

    (c) Elimination of Tariff on Certain Refined Sugar.--Chapter 17 of 
the Harmonized Tariff Schedule of the United States is amended--
            (1) by striking the superior text immediately preceding 
        subheading 1701.91.05 and by striking subheadings 1701.91.05 
        through 1701.91.30 and inserting in numerical sequence the 
        following new subheading, with the article description for such 
        subheading having the same degree of indentation as the article 
        description for subheading 1701.12.05, as in effect on the day 
        before the date of the enactment of this section:


``       1701.91.02       Containing added     Free                 ...................  42.05 cents/kg       ''
                           coloring but not                                                                    ;
                           containing added
                           flavoring matter..

            (2) by striking subheadings 1701.99 through 1701.99.50 and 
        inserting in numerical sequence the following new subheading, 
        with the article description for such subheading having the 
        same degree of indentation as the article description for 
        subheading 1701.99, as in effect on the day before the date of 
        the enactment of this section:


``       1701.99.00       Other..............  Free                 ...................  42.05 cents/kg       ''
                                                                                                               ;

            (3) by striking the superior text immediately preceding 
        subheading 1702.90.05 and by striking subheadings 1702.90.05 
        through 1702.90.20 and inserting in numerical sequence the 
        following new subheading, with the article description for such 
        subheading having the same degree of indentation as the article 
        description for subheading 1702.60.22:


``       1702.90.02       Containing soluble   Free                                      42.05 cents/kg       ''
                           non-sugar solids                                                                    ;
                           (excluding any
                           foreign
                           substances,
                           including but not
                           limited to
                           molasses, that may
                           have been added to
                           or developed in
                           the product) equal
                           to 6 percent or
                           less by weight of
                           the total soluble
                           solids............

        and
            (4) by striking the superior text immediately preceding 
        subheading 2106.90.42 and by striking subheadings 2106.90.42 
        through 2106.90.46 and inserting in numerical sequence the 
        following new subheading, with the article description for such 
        subheading having the same degree of indentation as the article 
        description for subheading 2106.90.39:


``       2106.90.40       Syrups derived from  Free                                      42.50 cents/kg       ''
                           cane or beet                                                                        .
                           sugar, containing
                           added coloring but
                           not added
                           flavoring matter..

    (d) Conforming Amendment.--Chapter 17 of the Harmonized Tariff 
Schedule of the United States is amended by striking additional U.S. 
note 5.
    (e) Administration of Tariff-Rate Quotas.--Section 404(d)(1) of the 
Uruguay Round Agreements Act (19 U.S.C. 3601(d)(1)) is amended--
            (1) by inserting ``or'' at the end of subparagraph (B);
            (2) by striking ``; or'' at the end of subparagraph (C) and 
        inserting a period; and
            (3) by striking subparagraph (D).
    (f) Effective Date.--The amendments made by this section apply with 
respect 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. APPLICATION.

    Except as otherwise provided in this Act, this Act and the 
amendments made by this Act shall apply beginning with the 2012 crop of 
sugar beets and sugarcane.
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