To reform the sugar program.

SA 2433. Mr. TOOMEY (for himself, Mrs. Shaheen, and Mr. Lugar)
submitted an amendment intended to be proposed by him to the bill S.
3240, to reauthorize agricultural programs through 2017, and for other
purposes; which was ordered to lie on the table; as follows:

Strike subtitle C of title I and insert the following:

Subtitle C--Sugar

SEC. 1301. SUGAR PROGRAM.

(a) Sugarcane.--Section 156(a) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) is
amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) 18 cents per pound for raw cane sugar for each of the
2013 through 2017 crop years.''.
(b) Sugar Beets.--Section 156(b)(2) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(b)(2)) is amended by striking ``2012'' and inserting
``2017''.
(c) Effective Period.--Section 156(i) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(i)) is amended by striking ``2012'' and inserting
``2017''.

SEC. 1302. FLEXIBLE MARKETING ALLOTMENTS FOR SUGAR.

(a) In General.--Section 359b of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359bb) is amended--
(1) in subsection (a)(1)--
(A) in the matter before subparagraph (A), by striking
``2012'' and inserting ``2017''; and
(B) in subparagraph (B), by inserting ``at reasonable
prices'' after ``stocks'';
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``but'' after the
semicolon at the end and inserting ``and''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) appropriate to maintain adequate domestic supplies at
reasonable prices, taking into account all sources of
domestic supply, including imports.''; and
(3) in subsection (c)(2)(C), by striking ``if the
disposition of the sugar is administered by the Secretary
under section 9010 of the Farm Security and Rural Investment
Act of 2002''.
(b) Establishment of Flexible Marketing Allotments.--
Section 359c of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359cc) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``but'' after the
semicolon at the end and inserting ``and''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) appropriate to maintain adequate supplies at
reasonable prices, taking into account all sources of
domestic supply, including imports.''; and
(B) in paragraph (2)(B), by inserting ``at reasonable
prices'' after ``market''; and
(2) in subsection (g)--
(A) by striking ``Allotments.--'' and all that follows
through ``Subject to subparagraph (B), the'' and inserting
``Allotments.--The''; and
(B) by striking subparagraph (B).
(c) Suspension or Modification of Provisions.--Section 359j
of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359jj)
is amended by adding at the end the following:
``(c) Suspension or Modification of Provisions.--
Notwithstanding any other provision of this part, the
Secretary may suspend or modify, in whole or in part, the
application of any provision of this part if the Secretary
determines that the action is appropriate, taking into
account--

[[Page S4212]]

``(1) the interests of consumers, workers in the food
industry, businesses (including small businesses), and
agricultural producers; and
``(2) the relative competitiveness of domestically produced
and imported foods containing sugar.''.
(d) Administration of Tariff Rate Quotas.--Section 359k of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk) is
amended to read as follows:

``SEC. 359K. ADMINISTRATION OF TARIFF RATE QUOTAS.

``(a) Establishment.--Notwithstanding any other provision
of law, at the beginning of the quota year, the Secretary
shall establish the tariff-rate quotas for raw cane sugar and
refined sugar at no less than the minimum level necessary to
comply with obligations under international trade agreements
that have been approved by Congress.
``(b) Adjustment.--
``(1) In general.--Subject to subsection (a), the Secretary
shall adjust the tariff-rate quotas for raw cane sugar and
refined sugar to provide adequate supplies of sugar at
reasonable prices in the domestic market.
``(2) Ending stocks.--Subject to paragraphs (1) and (3),
the Secretary shall establish and adjust tariff-rate quotas
in such a manner that the ratio of sugar stocks to total
sugar use at the end of the quota year will be approximately
15.5 percent.
``(3) Maintenance of reasonable prices and avoidance of
forfeitures.--
``(A) In general.--The Secretary may establish a different
target for the ratio of ending stocks to total use if, in the
judgment of the Secretary, the different target is necessary
to prevent--
``(i) unreasonably high prices; or
``(ii) forfeitures of sugar pledged as collateral for a
loan under section 156 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7272).
``(B) Announcement.--The Secretary shall publicly announce
any establishment of a target under this paragraph.
``(4) Considerations.--In establishing tariff-rate quotas
under subsection (a) and making adjustments under this
subsection, the Secretary shall consider the impact of the
quotas on consumers, workers, businesses (including small
businesses), and agricultural producers.
``(c) Temporary Transfer of Quotas.--
``(1) In general.--To promote full use of the tariff-rate
quotas for raw cane sugar and refined sugar, notwithstanding
any other provision of law, the Secretary shall promulgate
regulations that provide that any country that has been
allocated a share of the quotas may temporarily transfer all
or part of the share to any other country that has also been
allocated a share of the quotas.
``(2) Transfers voluntary.--Any transfer under this
subsection shall be valid only on voluntary agreement between
the transferor and the transferee, consistent with procedures
established by the Secretary.
``(3) Transfers temporary.--
``(A) In general.--Any transfer under this subsection shall
be valid only for the duration of the quota year during which
the transfer is made.
``(B) Following quota year.--No transfer under this
subsection shall affect the share of the quota allocated to
the transferor or transferee for the following quota year.''.
(e) Effective Period.--Section 359l(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by
striking ``2012'' and inserting ``2017''.
On page 897, strike lines 8 through 15, and insert the
following:

SEC. 9009. REPEAL OF FEEDSTOCK FLEXIBILITY PROGRAM FOR
BIOENERGY PRODUCERS.

(a) In General.--Section 9010 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8110) is repealed.
(b) Conforming Amendments.--
(1) Section 359a(3)(B) of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1359aa(3)(B)) is amended--
(A) in clause (i), by inserting ``and'' after the semicolon
at the end;
(B) in clause (ii), by striking ``; and'' at the end and
inserting a period; and
(C) by striking clause (iii).
(2) Section 359b(c)(2)(C) of the Agricultural Adjustment
Act of 1938 (7 U.S.C. 1359bb(c)(2)(C)) is amended by striking
``, except for'' and all that follows through `` of 2002''.
______