II 

112TH CONGRESS 

1ST SESSION S. 25 

To phase out the Federal sugar program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mrs. SHAHEEN (for herself, Mr. KIRK, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To phase out the Federal sugar program, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Unfair Giveaways 

5 and Restrictions Act of 2011’’ or ‘‘SUGAR Act of 2011’’. 

6 SEC. 2. SUGAR PROGRAM. 

7 (a) IN GENERAL.—Section 156 of the Federal Agri8 culture Improvement and Reform Act of 1996 (7 U.S.C. 

9 7272) is amended— 


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1 (1) in subsection (d), by striking paragraph (1) 

2 and inserting the following: 

3 ‘‘(1) LOANS.—The Secretary shall carry out 

4 this section through the use of recourse loans.’’; 

5 (2) by redesignating subsection (i) as subsection 

6 (j); 

7 (3) by inserting after subsection (h) the fol8 lowing: 

9 ‘‘(i) PHASED REDUCTION OF LOAN RATE.—For each 

10 of the 2012, 2013, and 2014 crops of sugar beets and 

11 sugarcane, the Secretary shall lower the loan rate for each 

12 succeeding crop in a manner that progressively and uni13 formly lowers the loan rate for sugar beets and sugarcane 

14 to $0 for the 2015 crop.’’; and 

15 (4) in subsection (j) (as redesignated), by strik16 ing ‘‘2012’’ and inserting ‘‘2014’’. 

17 (b) PROSPECTIVE REPEAL.—Effective beginning 

18 with the 2015 crop of sugar beets and sugarcane, section 

19 156 of the Federal Agriculture Improvement and Reform 

20 Act of 1996 (7 U.S.C. 7272) is repealed. 

21 SEC. 3. ELIMINATION OF SUGAR PRICE SUPPORT AND PRO22 DUCTION ADJUSTMENT PROGRAMS. 

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of law— 


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1 (1) a processor of any of the 2015 or subse2 quent crops of sugarcane or sugar beets shall not be 

3 eligible for a loan under any provision of law with 

4 respect to the crop; and 

5 (2) the Secretary of Agriculture may not make 

6 price support available, whether in the form of a 

7 loan, payment, purchase, or other operation, for any 

8 of the 2015 and subsequent crops of sugar beets and 

9 sugarcane by using the funds of the Commodity 

10 Credit Corporation or other funds available to the 

11 Secretary. 

12 (b) TERMINATION OF MARKETING QUOTAS AND AL13 LOTMENTS.— 

14 (1) IN GENERAL.—Part VII of subtitle B of 

15 title III of the Agricultural Adjustment Act of 1938 

16 (7 U.S.C. 1359aa et seq.) is repealed. 

17 (2) CONFORMING AMENDMENT.—Section 

18 344(f)(2) of the Agricultural Adjustment Act of 

19 1938 (7 U.S.C. 1344(f)(2)) is amended by striking 

20 ‘‘sugar cane for sugar, sugar beets for sugar,’’. 

21 (c) GENERAL POWERS.— 

22 (1) SECTION 32 ACTIVITIES.—Section 32 of the 

23 Act of August 24, 1935 (7 U.S.C. 612c), is amended 

24 in the second sentence of the first paragraph— 


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1 (A) in paragraph (1), by inserting ‘‘(other 

2 than sugar beets and sugarcane)’’ after ‘‘com3 modities’’; and 

4 (B) in paragraph (3), by inserting ‘‘(other 

5 than sugar beets and sugarcane)’’ after ‘‘com6 modity’’. 

7 (2) POWERS OF COMMODITY CREDIT CORPORA8 TION.—Section 5(a) of the Commodity Credit Cor9 poration Charter Act (15 U.S.C. 714c(a)) is amend10 ed by inserting ‘‘, sugar beets, and sugarcane’’ after 

11 ‘‘tobacco’’. 

12 (3) PRICE SUPPORT FOR NONBASIC AGRICUL13 TURAL COMMODITIES.—Section 201(a) of the Agri14 cultural Act of 1949 (7 U.S.C. 1446(a)) is amended 

15 by striking ‘‘milk, sugar beets, and sugarcane’’ and 

16 inserting ‘‘, and milk’’. 

17 (4) COMMODITY CREDIT CORPORATION STOR18 AGE PAYMENTS.—Section 167 of the Federal Agri19 culture Improvement and Reform Act of 1996 (7 

20 U.S.C. 7287) is repealed. 

21 (5) SUSPENSION AND REPEAL OF PERMANENT

22 PRICE SUPPORT AUTHORITY.—Section 171(a)(1) of 

23 the Federal Agriculture Improvement and Reform 

24 Act of 1996 (7 U.S.C. 7301(a)(1)) is amended— 

25 (A) by striking subparagraph (E); and 


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1 (B) by redesignating subparagraphs (F) 

2 through (I) as subparagraphs (E) through (H), 

3 respectively. 

4 (6) STORAGE FACILITY LOANS.—Section 

5 1402(c) of the Farm Security and Rural Investment 

6 Act of 2002 (7 U.S.C. 7971) is repealed. 

7 (7) FEEDSTOCK FLEXIBILITY PROGRAM FOR

8 BIOENERGY PRODUCERS.—Effective beginning with 

9 the 2013 crop of sugar beets and sugarcane, section 

10 9010 of the Farm Security and Rural Investment 

11 Act of 2002 (7 U.S.C. 8110) is repealed. 

12 (d) TRANSITION PROVISIONS.—This section and the 

13 amendments made by this section shall not affect the li14 ability of any person under any provision of law as in ef15 fect before the application of this section and the amend16 ments made by this section. 

17 SEC. 4. TARIFF-RATE QUOTAS. 

18 (a) ESTABLISHMENT.—Except as provided in sub19 section (c) and notwithstanding any other provision of law, 

20 not later than October 1, 2011, the Secretary of Agri21 culture shall develop and implement a program to increase 

22 the tariff-rate quotas for raw cane sugar and refined sug23 ars for a quota year in a manner that ensures— 

24 (1) a robust and competitive sugar processing 

25 industry in the United States; and 


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1 (2) an adequate supply of sugar at reasonable 

2 prices in the United States. 

3 (b) FACTORS.—In determining the tariff-rate quotas 

4 necessary to satisfy the requirements of subsection (a), the 

5 Secretary shall consider the following: 

6 (1) The quantity and quality of sugar that will 

7 be subject to human consumption in the United 

8 States during the quota year. 

9 (2) The quantity and quality of sugar that will 

10 be available from domestic processing of sugarcane, 

11 sugar beets, and in-process beet sugar. 

12 (3) The quantity of sugar that would provide 

13 for reasonable carryover stocks. 

14 (4) The quantity of sugar that will be available 

15 from carryover stocks for human consumption in the 

16 United States during the quota year. 

17 (5) Consistency with the obligations of the 

18 United States under international agreements. 

19 (c) EXEMPTION.—Subsection (a) shall not include 

20 specialty sugar. 

21 (d) DEFINITIONS.—In this section, the terms ‘‘quota 

22 year’’ and ‘‘human consumption’’ have the meaning such 

23 terms had under section 359k of the Agricultural Adjust24 ment Act of 1938 (7 U.S.C. 1359kk) (as in effect on the 

25 day before the date of the enactment of this Act). 


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1 SEC. 5. APPLICATION. 

2 Except as otherwise provided in this Act, this Act and 

3 the amendments made by this Act shall apply beginning 

4 with the 2012 crop of sugar beets and sugarcane. 

Æ 


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