II 112th CONGRESS 1st Session S. 685 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.

1.

Short title

This Act may be cited as the Free Sugar Act of 2011.

2.

Sugar program

Section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) is repealed.

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 is repealed.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Section 167 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7287) is repealed.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.

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: 1701.11.00Cane sugarFree39.85¢/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: 1701.12.00Beet sugarFree42.05¢/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: 1701.91.02Containing added coloring but not containing added flavoring matterFree42.05¢/kg ; (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: 1701.99.00OtherFree42.05¢/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: 1702.90.02Containing soluble 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 solidsFree   42.05¢/kg   ; 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: 2106.90.40Syrups derived from cane or beet sugar, containing added coloring but not added flavoring matterFree  42.50¢/kg   . (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.

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.