Fair Sugar Policy Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2568 To reform the Federal sugar program, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 26, 2019 Mrs. SHAHEEN (for herself, Mr. TOOMEY, Mr. ALEXANDER, Mr. CASEY, Ms. COLLINS, Mr. DURBIN, Mrs. FEINSTEIN, Ms. HASSAN, Mr. MENENDEZ, Mr. COONS, Mr. PORTMAN, Mr. WARNER, Ms. WARREN, Mr. JOHNSON, Mr. KAINE, and Mr. MARKEY) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To reform the Federal sugar program, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fair Sugar Policy Act 4 of 2019’’. 5 SEC. 2. SUGAR PROGRAM. 6 Section 156(a) of the Federal Agriculture Improve- 7 ment and Reform Act of 1996 (7 U.S.C. 7272(a)) is 8 amended— 9 VerDate Sep 11 2014 01:41 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2568.IS S2568 kjohnson on DSK79L0C42 with BILLS 2 •S 2568 IS (1) in paragraph (4), by striking ‘‘and’’ at the 1 end; and 2 (2) in paragraph (5), by striking ‘‘each of the 3 2019 through 2023 crop years.’’ and inserting the 4 following: ‘‘the 2019 crop year; and 5 ‘‘(6) 18.75 cents per pound for raw cane sugar 6 for each of the 2020 through 2024 crop years.’’. 7 SEC. 3. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR 8 REPEALED. 9 Part VII of subtitle B of title III of the Agricultural 10 Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) is 11 amended to read as follows: 12 ‘‘PART VII—ADMINISTRATION OF TARIFF RATE 13 QUOTAS 14 ‘‘SEC. 359a. TARIFF RATE QUOTAS. 15 ‘‘(a) IN GENERAL.—At the beginning of each quota 16 year, the Secretary shall establish the tariff-rate quotas 17 for raw cane sugar and refined sugar at a level that is 18 not less than the minimum level necessary to comply with 19 obligations under international trade agreements that 20 Congress has approved. 21 ‘‘(b) ADJUSTMENT.— 22 ‘‘(1) IN GENERAL.—Subject to subsection (a), 23 the Secretary shall adjust the tariff-rate quotas for 24 raw cane sugar and refined sugar to provide ade- 25 VerDate Sep 11 2014 01:41 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2568.IS S2568 kjohnson on DSK79L0C42 with BILLS 3 •S 2568 IS quate supplies of sugar at reasonable prices in the 1 domestic market. 2 ‘‘(2) ENDING STOCKS.—Subject to paragraphs 3 (1) and (3), the Secretary shall establish and adjust 4 tariff-rate quotas so that the ratio of sugar stocks 5 to total sugar use at the end of each quota year 6 shall be approximately 15.5 percent. 7 ‘‘(3) MAINTENANCE OF REASONABLE PRICES 8 AND AVOIDANCE OF FORFEITURES.— 9 ‘‘(A) IN GENERAL.—The Secretary may es- 10 tablish a different target percentage for the 11 ratio of ending stocks to total use described in 12 paragraph (2) if the Secretary determines the 13 different target percentage is necessary to pre- 14 vent— 15 ‘‘(i) unreasonably high prices; or 16 ‘‘(ii) forfeitures of sugar pledged as 17 collateral for a loan under section 156 of 18 the Federal Agriculture Improvement and 19 Reform Act of 1996 (7 U.S.C. 7272). 20 ‘‘(B) ANNOUNCEMENT.—The Secretary 21 shall publicly announce an establishment of a 22 target percentage under this paragraph. 23 ‘‘(4) CONSIDERATIONS.—In establishing tariff- 24 rate quotas under subsection (a) and making adjust- 25 VerDate Sep 11 2014 01:41 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2568.IS S2568 kjohnson on DSK79L0C42 with BILLS 4 •S 2568 IS ments under this subsection, the Secretary shall con- 1 sider the impact of the quotas on consumers, work- 2 ers, businesses (including small businesses), and ag- 3 ricultural producers. 4 ‘‘(c) TEMPORARY TRANSFER OF QUOTAS.— 5 ‘‘(1) IN GENERAL.—To promote the full use of 6 the tariff-rate quotas for raw cane sugar and refined 7 sugar established or adjusted under subsection (a) 8 or (b), respectively, the Secretary shall promulgate 9 regulations that provide that a country that has 10 been allocated a share of the quotas may temporarily 11 transfer all or part of the share to another country 12 that has also been allocated a share of the quotas. 13 ‘‘(2) TRANSFERS VOLUNTARY.—A transfer 14 under this subsection shall be valid only on vol- 15 untary agreement between the transferor and the 16 transferee, consistent with procedures established by 17 the Secretary. 18 ‘‘(3) TRANSFERS TEMPORARY.— 19 ‘‘(A) IN GENERAL.—A transfer under this 20 subsection shall be valid only for the duration 21 of the quota year during which the transfer is 22 made. 23 ‘‘(B) FOLLOWING QUOTA YEAR.—No 24 transfer under this subsection shall affect the 25 VerDate Sep 11 2014 01:41 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2568.IS S2568 kjohnson on DSK79L0C42 with BILLS 5 •S 2568 IS share of the quota allocated to the transferor or 1 transferee for the following quota year.’’. 2 SEC. 4. REPEAL OF FEEDSTOCK FLEXIBILITY PROGRAM 3 FOR BIOENERGY PRODUCERS. 4 Section 9010 of the Farm Security and Rural Invest- 5 ment Act of 2002 (7 U.S.C. 8110) is repealed. 6 Æ VerDate Sep 11 2014 01:41 Oct 05, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S2568.IS S2568 kjohnson on DSK79L0C42 with BILLS