Fair Sugar Policy Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4521 To reform the Federal sugar program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 26, 2019 Ms. FOXX of North Carolina (for herself, Mr. DANNY K. DAVIS of Illinois, Mr. PERRY, Mr. BLUMENAUER, Mr. CHABOT, Ms. SPEIER, Mr. BIGGS, Mr. KIND, Mr. DAVID P. ROE of Tennessee, Mr. LIPINSKI, Mr. FLEISCHMANN, Mr. RUSH, Mr. LATTA, Ms. KUSTER of New Hampshire, Mr. BANKS, Mr. KILMER, Mr. WOMACK, Mr. RUPPERSBERGER, Mr. BUDD, Mr. COOPER, Mrs. WALORSKI, Mr. SWALWELL of California, Mr. MEADOWS, Mr. VEASEY, Mr. SMUCKER, and Mr. KELLY of Pennsylvania) introduced the following bill; which was referred to the Committee on Ag- riculture 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 VerDate Sep 11 2014 04:31 Oct 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4521.IH H4521 kjohnson on DSK79L0C42 with BILLS 2 •HR 4521 IH SEC. 2. SUGAR PROGRAM. 1 Paragraph (5) of section 156(a) of the Federal Agri- 2 culture Improvement and Reform Act of 1996 (7 U.S.C. 3 7272(a)) is amended to read as follows: 4 ‘‘(5) 18.75 cents per pound for raw cane sugar 5 for each of the 2020 through 2024 crop years.’’. 6 SEC. 3. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR 7 REPEALED. 8 Part VII of the Agricultural Adjustment Act of 1938 9 (7 U.S.C. 1359aa et seq.) is amended to read as follows: 10 ‘‘PART VII—ADMINISTRATION OF TARIFF RATE 11 QUOTAS 12 ‘‘SEC. 359a. TARIFF RATE QUOTAS. 13 ‘‘(a) IN GENERAL.—Notwithstanding any other pro- 14 vision of law, at the beginning of the quota year, the Sec- 15 retary shall establish the tariff-rate quotas for raw cane 16 sugar and refined sugar at no less than the minimum level 17 necessary to comply with obligations under international 18 trade agreements that have been approved by Congress. 19 ‘‘(b) ADJUSTMENT.— 20 ‘‘(1) IN GENERAL.—Subject to subsection (a), 21 the Secretary shall adjust the tariff-rate quotas for 22 raw cane sugar and refined sugar to provide ade- 23 quate supplies of sugar at reasonable prices in the 24 domestic market. 25 VerDate Sep 11 2014 04:31 Oct 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4521.IH H4521 kjohnson on DSK79L0C42 with BILLS 3 •HR 4521 IH ‘‘(2) ENDING STOCKS.—Subject to paragraphs 1 (1) and (3), the Secretary shall establish and adjust 2 tariff-rate quotas in such a manner that the ratio of 3 sugar stocks to total sugar use at the end of the 4 quota year will be approximately 15.5 percent. 5 ‘‘(3) MAINTENANCE OF REASONABLE PRICES 6 AND AVOIDANCE OF FORFEITURES.— 7 ‘‘(A) IN GENERAL.—The Secretary may es- 8 tablish a different target for the ratio of ending 9 stocks to total use if, in the judgment of the 10 Secretary, the different target is necessary to 11 prevent— 12 ‘‘(i) unreasonably high prices; or 13 ‘‘(ii) forfeitures of sugar pledged as 14 collateral for a loan under section 156 of 15 the Federal Agriculture Improvement and 16 Reform Act of 1996 (7 U.S.C. 7272). 17 ‘‘(B) ANNOUNCEMENT.—The Secretary 18 shall publicly announce any establishment of a 19 target under this paragraph. 20 ‘‘(4) CONSIDERATIONS.—In establishing tariff- 21 rate quotas under subsection (a) and making adjust- 22 ments under this subsection, the Secretary shall con- 23 sider the impact of the quotas on consumers, work- 24 VerDate Sep 11 2014 04:31 Oct 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4521.IH H4521 kjohnson on DSK79L0C42 with BILLS 4 •HR 4521 IH ers, businesses (including small businesses), and ag- 1 ricultural producers. 2 ‘‘(c) TEMPORARY TRANSFER OF QUOTAS.— 3 ‘‘(1) IN GENERAL.—To promote full use of the 4 tariff-rate quotas for raw cane sugar and refined 5 sugar, notwithstanding any other provision of law, 6 the Secretary shall promulgate regulations that pro- 7 vide that any country that has been allocated a 8 share of the quotas may temporarily transfer all or 9 part of the share to any other country that has also 10 been allocated a share of the quotas. 11 ‘‘(2) TRANSFERS VOLUNTARY.—Any transfer 12 under this subsection shall be valid only on vol- 13 untary agreement between the transferor and the 14 transferee, consistent with procedures established by 15 the Secretary. 16 ‘‘(3) TRANSFERS TEMPORARY.— 17 ‘‘(A) IN GENERAL.—Any transfer under 18 this subsection shall be valid only for the dura- 19 tion of the quota year during which the transfer 20 is made. 21 ‘‘(B) FOLLOWING QUOTA YEAR.—No 22 transfer under this subsection shall affect the 23 share of the quota allocated to the transferor or 24 transferee for the following quota year.’’. 25 VerDate Sep 11 2014 04:31 Oct 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4521.IH H4521 kjohnson on DSK79L0C42 with BILLS 5 •HR 4521 IH SEC. 4. REPEAL OF FEEDSTOCK FLEXIBILITY PROGRAM 1 FOR BIOENERGY PRODUCERS. 2 (a) IN GENERAL.—Section 9010 of the Farm Secu- 3 rity and Rural Investment Act of 2002 (7 U.S.C. 8110) 4 is repealed. 5 (b) CONFORMING AMENDMENTS.— 6 (1) Section 359a(3)(B) of the Agricultural Ad- 7 justment Act of 1938 (7 U.S.C. 1359aa(3)(B)) is 8 amended— 9 (A) in clause (i), by inserting ‘‘and’’ after 10 the semicolon at the end; 11 (B) in clause (ii), by striking ‘‘; and’’ at 12 the end and inserting a period; and 13 (C) by striking clause (iii). 14 (2) Section 359b(c)(2)(C) of the Agricultural 15 Adjustment Act of 1938 (7 U.S.C. 1359bb(c)(2)(C)) 16 is amended by striking ‘‘, except for’’ and all that 17 follows through ‘‘of 2002’’. 18 Æ VerDate Sep 11 2014 04:31 Oct 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H4521.IH H4521 kjohnson on DSK79L0C42 with BILLS