II 

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. 

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 ‘‘Free Sugar Act of 

5 2011’’. 

6 SEC. 2. SUGAR PROGRAM. 

7 Section 156 of the Federal Agriculture Improvement 

8 and Reform Act of 1996 (7 U.S.C. 7272) is repealed. 


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1 SEC. 3. ELIMINATION OF SUGAR PRICE SUPPORT AND PRO2 DUCTION ADJUSTMENT PROGRAMS. 

3 (a) IN GENERAL.—Notwithstanding any other provi4 sion of law— 

5 (1) a processor of any of the 2012 or subse6 quent crops of sugarcane or sugar beets shall not be 

7 eligible for a loan under any provision of law with 

8 respect to the crop; and 

9 (2) the Secretary of Agriculture may not make 

10 price support available, whether in the form of a 

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

12 of the 2012 and subsequent crops of sugar beets and 

13 sugarcane by using the funds of the Commodity 

14 Credit Corporation or other funds available to the 

15 Secretary. 

16 (b) TERMINATION OF MARKETING QUOTAS AND AL17 LOTMENTS.— 

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

19 title III of the Agricultural Adjustment Act of 1938 

20 (7 U.S.C. 1359aa et seq.) is repealed. 

21 (2) CONFORMING AMENDMENT.—Section 

22 344(f)(2) of the Agricultural Adjustment Act of 

23 1938 (7 U.S.C. 1344(f)(2)) is amended by striking 

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

25 (c) GENERAL POWERS.— 


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

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

3 in the second sentence of the first paragraph— 

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

5 than sugar beets and sugarcane)’’ after ‘‘com6 modities’’; and 

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

8 than sugar beets and sugarcane)’’ after ‘‘com9 modity’’. 

10 (2) POWERS OF COMMODITY CREDIT CORPORA11 TION.—Section 5(a) of the Commodity Credit Cor12 poration Charter Act (15 U.S.C. 714c(a)) is amend13 ed by inserting ‘‘, sugar beets, and sugarcane’’ after 

14 ‘‘tobacco’’. 

15 (3) PRICE SUPPORT FOR NONBASIC AGRICUL16 TURAL COMMODITIES.—Section 201(a) of the Agri17 cultural Act of 1949 (7 U.S.C. 1446(a)) is amended 

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

19 inserting ‘‘, and milk’’. 

20 (4) COMMODITY CREDIT CORPORATION STOR21 AGE PAYMENTS.—Section 167 of the Federal Agri22 culture Improvement and Reform Act of 1996 (7 

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

24 (5) SUSPENSION AND REPEAL OF PERMANENT

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


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1 the Federal Agriculture Improvement and Reform 

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

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

4 (B) by redesignating subparagraphs (F) 

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

6 respectively. 

7 (6) STORAGE FACILITY LOANS.—Section 

8 1402(c) of the Farm Security and Rural Investment 

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

10 (7) FEEDSTOCK FLEXIBILITY PROGRAM FOR

11 BIOENERGY PRODUCERS.—Section 9010 of the 

12 Farm Security and Rural Investment Act of 2002 (7 

13 U.S.C. 8110) is repealed. 

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

15 amendments made by this section shall not affect the li16 ability of any person under any provision of law as in ef17 fect before the application of this section and the amend18 ments made by this section. 

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

20 TARIFF RATE. 

21 (a) ELIMINATION OF TARIFF ON RAW CANE

22 SUGAR.—Chapter 17 of the Harmonized Tariff Schedule 

23 of the United States is amended by striking subheadings 

24 1701.11 through 1701.11.50 and inserting in numerical 

25 sequence the following new subheading, with the article 


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1 description for such subheading having the same degree 

2 of indentation as the article description for subheading 

3 1701.11, as in effect on the day before the date of the 

4 enactment of this section: 

‘‘ 1701.11.00 Cane sugar ...................................... Free 39.85¢/kg ’’. 

5 (b) ELIMINATION OF TARIFF ON BEET SUGAR.— 

6 Chapter 17 of the Harmonized Tariff Schedule of the 

7 United States is amended by striking subheadings 

8 1701.12 through 1701.12.50 and inserting in numerical 

9 sequence the following new subheading, with the article 

10 description for such subheading having the same degree 

11 of indentation as the article description for subheading 

12 1701.12, as in effect on the day before the date of the 

13 enactment of this section: 

‘‘ 1701.12.00 Beet sugar ....................................... Free 42.05¢/kg ’’. 

14 (c) ELIMINATION OF TARIFF ON CERTAIN REFINED

15 SUGAR.—Chapter 17 of the Harmonized Tariff Schedule 

16 of the United States is amended— 

17 (1) by striking the superior text immediately 

18 preceding subheading 1701.91.05 and by striking 

19 subheadings 1701.91.05 through 1701.91.30 and in20 serting in numerical sequence the following new sub21 heading, with the article description for such sub22 heading having the same degree of indentation as 

23 the article description for subheading 1701.12.05, as 


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1 in effect on the day before the date of the enactment 

2 of this section: 

‘‘ 1701.91.02 Containing added coloring but not 

containing added flavoring matter .. Free 42.05¢/kg ’’; 

3 (2) by striking subheadings 1701.99 through 

4 1701.99.50 and inserting in numerical sequence the 

5 following new subheading, with the article descrip6 tion for such subheading having the same degree of 

7 indentation as the article description for subheading 

8 1701.99, as in effect on the day before the date of 

9 the enactment of this section: 

‘‘ 1701.99.00 Other ............................................... Free 42.05¢/kg ’’; 

10 (3) by striking the superior text immediately 

11 preceding subheading 1702.90.05 and by striking 

12 subheadings 1702.90.05 through 1702.90.20 and in13 serting in numerical sequence the following new sub14 heading, with the article description for such sub15 heading having the same degree of indentation as 

16 the article description for subheading 1702.60.22: 

‘‘ 1702.90.02 Containing 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 solids ........................... Free 42.05¢/kg ’’; 

17 and 

18 (4) by striking the superior text immediately 

19 preceding subheading 2106.90.42 and by striking 

20 subheadings 2106.90.42 through 2106.90.46 and inVerDate Mar 15 2010 00:37 Mar 31, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S685.IS S685

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1 serting in numerical sequence the following new sub2 heading, with the article description for such sub3 heading having the same degree of indentation as 

4 the article description for subheading 2106.90.39: 

‘‘ 2106.90.40 Syrups derived from cane or beet 

sugar, containing added coloring 

but not added flavoring matter ....... Free 42.50¢/kg ’’. 

5 (d) CONFORMING AMENDMENT.—Chapter 17 of the 

6 Harmonized Tariff Schedule of the United States is 

7 amended by striking additional U.S. note 5. 

8 (e) ADMINISTRATION OF TARIFF-RATE QUOTAS.— 

9 Section 404(d)(1) of the Uruguay Round Agreements Act 

10 (19 U.S.C. 3601(d)(1)) is amended— 

11 (1) by inserting ‘‘or’’ at the end of subpara12 graph (B); 

13 (2) by striking ‘‘; or’’ at the end of subpara14 graph (C) and inserting a period; and 

15 (3) by striking subparagraph (D). 

16 (f) EFFECTIVE DATE.—The amendments made by 

17 this section apply with respect to goods entered, or with18 drawn from warehouse for consumption, on or after the 

19 15th day after the date of the enactment of this Act. 

20 SEC. 5. APPLICATION. 

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

22 the amendments made by this Act shall apply beginning 

23 with the 2012 crop of sugar beets and sugarcane. 

Æ 


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