ANALYSIS AND; COMPARISON OF THE EXPERIENCES SURROUNDING UNITED STATES SUGAR LEGISLATION, 1955 AND 1971 Thesis. for the Degree of ”M. S. MICHIGAN STATE UNIVERSITY IPAU-L JEREMY MILLER L1 9 .7 2 ABSTRACT ANALYSIS AND COMPARISON OF THE EXPERIENCES SURROUNDING UNITED STATES SUGAR LEGISLATION, 1965 AND 1971 BY Paul Jeremy Miller In 1971, Congress amended and extended the Sugar Act of 1948 for three years. It was a quiet episode in the legislative history of sugar. The experience surrounding the previous extension, passed in 1965, was just the opposite--chaotic and acrimonious. The purpose of the study is to describe, compare, and analyze the experiences surrounding the last two sugar bills in the United States. If the two experiences-- including the major issues, political processes, and out- comes--differed, or in fact were the same,what were the reasons? Sugar is a highly political commodity, and thus emphasis is placed on the political processes affecting the 1965 and 1971 Sugar Acts. In so doing three questions are asked: 1) Which political and economic forces were Opera- tive? 2) Where were the conflicts, and why? and 3) Which political forces were dominant? Paul Jeremy Miller In addition to a review of the 1iterature--primarily Congressional hearings and other government publications-- the author had access to certain internal memoranda of the Executive Branch. The author interviewed government and industry representatives involved in the economics of sugar and in sugar's legislative process in either 1965 or 1971, or both. Although the experiences surrounding the 1965 and 1971 Extensions were different, the two Extensions were very similar in the direction which they led United States sugar policy. That direction was toward a more effective cartel. In general, the 1971 Extension represents a refinement of the 1965 Act, and not a departure from it. The 1965 and 1971 sugar legislation experiences, including the major issues, differed because of four factors: 1) The economic conditions of sugar and the United States sugar industry; 2) The political processes involved; 3) Foreign policy considerations; and 4) The domestic political environment. The study suggests certain implications for public policy and future research. They include: 1) Significant reform in United States sugar policy is not likely in the foreseeable future; 2) Institutional changes, such as a strong consumer movement which would deal with relatively minor legislation, such as sugar, and certain structural reforms in Congress, are probably necessary to affect Paul Jeremy Miller substantive change in United States sugar policy; 3) By it- self, public criticism aimed at the Sugar Act and its po- 1itica1 process will not lead to reform; 4) A two-pronged research approach is necessary. The first should be what America's sugar policy ought to be, based on a comprehensive policiy evaluation approach which would look at the whole program in a broad means-ends framework. Secondly, what changes in the political process will be necessary to affect such a policy, and how can those changes be brought about? This second problem is clearly the more difficult of the two. ANALYSIS AND COMPARISON OF THE EXPERIENCES SURROUNDING UNITED STATES SUGAR LEGISLATION, 1965 AND 1971 BY Paul Jeremy Miller A THESIS Submitted to Michigan State University in partial fulfillment of the requirements for the degree of MASTER OF SCIENCE Department of Agricultural Economics 1972 ACKNOWLEDGMENTS The author wishes to express deep and sincere thanks to Professor James Bonnen for 1) the enjoyable sessions in his office over the past two years; and 2) the inspiration, advice, and encouragement he provided in the study, in spite of the fact that he abandoned the author for six weeks, by isolating himself in Italy. The author also wishes to express his appreciation to the Department of Agricultural Economics for providing a stimulating academic and intellectual atmosphere over the past two years. Special appreciation and thanks are afforded Ray Voelkel, who arranged the lion's share of the interviews in Washington. Special thanks to the Allens, for helping the author maintain some degree of sanity over the last two years, and for being such good people. Finally, much thanks to Debbie-—not for her love and spirit, the acknowledgment of which is, of course, out of place in a scholarly work--but for her typing, which enabled the author to finish the study and hence leave Lansing sooner than would have been otherwise possible. ii TABLE OF LIST OF TABLES . . . . . . . . LIST OF FIGURES . . . . . . . Chapter I. INTRODUCTION . . . . . Methodology . . . . . Outline . . . . . . . CONTENTS Page . . . . . . . . . . . . 2 O O O C I O O O I O O O 3 II. THE ECONOMICS OF SUGAR IN THE UNITED STATES AND THE UNITED STATES History . . . . . . . Market Framework . . The World Market . . The United States Sugar Industry . . . . . . Barriers to Entry . . Eb SUGAR INDUSTRY . . . . NH ONKOflb III. THE UNITED STATES SUGAR ACT . . . . . . . . . . 22 Purposes of the United States Sugar Program . 23 Salient Features of the United States Sugar Program . . . O O O O O O O O O O O O 26 IV. SUGAR'S POLITICAL STRUCTURE . . . . . . . . . . 33 The Domestic Industry The Administration . The Congress . . . . Foreign Lobbying . . V. THE 1965 EXPERIENCE . . The Economic Setting Political Process (1): Issues (1): . . . . . o o o o o o o o o o o o 34 o o o o o o o o o o o o 37 o o o o o o o o o o o o 47 1963-64 . . . . . . . 50 o o o o o o o o o o o o 53 iii Political Process (2): Pre-Hearings Political Process (3): The House . Issues (2): . . . . . . . . . . . . Political Process (4): The Senate Political Process (5): House-Senate Conference . . . . . . . . . . . Issues (3): A Summary . . . . . . VI. THE 1971 EXPERIENCE . . . . . . . . . The Economic Setting . . . . . . . Issues (1): . . . . . . . . . . . Political Process (1): Pre-Hearings Political Process (2): The House . Issues (2): . . . . . . . . . . . . Political Process (3): The Senate Political Process (4): House-Senate Conference . . . . . . . . . . . Issues (3): A Summary . . . . . . VII. 1965 AND 1971: A SUMMARY AND COMPARISON . Economic Conditions . . . . . . . . Political Processes . . . . . . . . Issues . . . . . . . . . . . . . . Legislative Outcome . . . . . . . . VIII. 1965 AND 1971: AN ANALYSIS . . . . . Economic Conditions . . . . . . . . Political Processes . . . . . . . . Foreign Policy . . . . . . Political Environment in the United IX. POLICY AND RESEARCH IMPLICATIONS . . SELECTED BIBLIOGRAPHY . . . . . . . . . . . APPENDIX iv States Page 57 62 66 67 70 71 74 74 76 81 88 93 95 98 98 101 101 102 105 107 112 112 115 121 122 124 128 134 Table 1. LIST OF TABLES Raw cane sugar prices--New York spot prices and world prices adjusted to New York delivery basis, monthly. 1957-1971. . . . . . . . . . 1971 domestic sugar production, by sectors . . Foreign sugar quotas for 1972 . . . . . . . . . Sugar lobbyists fees, 1965 and 1971 . . . . . . Administration, house, senate, and conference committee allocations of foreign sugar quotas, 1965 . . . . . . . . . . . . . . . . House, senate, and conference committee allo- cation of foreign sugar quotas, 1971 . . . . Sugar quotas for domestic areas: 1965, 1966, 1971, 1972 . . . . . . . . . . . . . . . . . Foreign sugar quotas, deficits, and prorations: 1965, 1966, 1971, and 1972 . . . . . . . . . Page 10 13 30 43 54 91 108 109 LIST OF FIGURES Figure Page 1. Relationship implicit in the determination of the consumption estimate by the Secretary of Agriculture . . . . . . . . . . . . . . . . 27 vi CHAPTER I INTRODUCTION In 1971, Congress amended and again extended the Sugar Act of 1948, this time for three years. It was a quiet episode in the legislative history of sugar. The experience surrounding the previous extension, passed in 1965, was just the Opposite——chaotic and acrimonious. The purpose of this study is to describe, compare, and analyze, the experiences surrounding the last two sugar bills in the United States. If the two experiences-- including the major issues, political processes, and out- comes--differed, or in fact were the same, what were the reasons? Sugar has long been called "the most political of all U.S. agricultural commodities."1 Its unique political process attempts to mold divergent interests into a quiet, effective cartel. For these reasons, emphasis will be placed on the political processes affecting the 1965 and 1971 Sugar Act Extensions. In so doing, the following questions will be asked about each experience: 1Interviews with James T. Bonnen, Donald Horton, and others. 1. What political and economic fOrces were operative?- 2. Where were the COnflicts and why? 3. Which political and economic fOrces were dominant in the outcome? Methodology An extensive review of the literature was first conducted. This included Congressional hearings and reports as well as other government and general literature. The author had access to certain internal memoranda and papers of the Executive Branch from the 1963-65 period. In ad- dition, the author interviewed a number of those involved in either or both the 1965 and 1971 sugar legislation ex- periences, including: industry representatives; various Executive Branch staff; U.S. Department of Agriculture per- sonnel; and a staff member of the House Committee on Agriculture.2 The interviewees were assured confidentiality by the author in order to obtain information on the more politically sensitive and personal parts of the process. Whenever possible a specific source will be cited by name. However, there are many instances in the study where con- fidentiality cannot be breached; in these cases, the sources can only be cited in general terms, such as "Interviews", 2See Appendix for a list of those interviewed. or "Interviews with Industry Representatives". For the same reasons, the majority of the memoranda can only be cited in a general manner. Outline Chapter II focuses on the economics of sugar in the United States, and includes a description of the United States sugar industry. Chapter III offers a brief history of the United States Sugar Act, plus a description of the Act's salient features. Chapter IV explores sugar's unique political structure. Chapters V and VI are parallel case studies of the 1965 and 1971 sugar legislation experiences, respectively. They include discussions of: l. the economic developments 2. the politiCal process 3. the major issues 4. the key events 5. the legislative outcome in each experience. Chapter VII summarizes the two preceding chapters and presents a comparison of the 1965 and 1971 experiences, focusing on the five points discussed in chapters V and VI. Chapter VIII analyzes why the 1965 and 1971 experiences were different. Chapter IX suggests the study's implica- tions for public policy and further research. CHAPTER II THE ECONOMICS OF SUGAR IN THE UNITED STATES AND THE UNITED STATES SUGAR INDUSTRY The purpose of this study is not an economic analy- sis of the United States sugar industry. But a brief general description of the economics of that industry is offered, as necessary background to understanding the Sugar Act and the 1965 and 1971 experiences surrounding sugar legislation. History Sugar has always been a deficit commodity in the United States. Import duties on sugar date back to colonial days when they were used by the British to raise revenues for the French and Indian Wars.l Thirteen years after the start of the Revolutionary War, the United States imposed a tariff on the importation of sugar as a revenue-raising device. With the Louisiana Purchase, the tariff became a protective device for the Louisiana sugar industry. Pro- tection has been afforded the domestic industry ever since. lU.S. Department of Agriculture, Economic Research Service, A History of Sugar Marketing, by Roy A. Ballinger, Agricultural Economic Report 197 (Washington, D.C.: Govern- ment Printing Office, 1971), p. 5. The Spanish-American War, in transferring Cuba, the Philippines, and Puerto Rico to United States control, re- shaped the pattern of United States sugar production and trade--a pattern whose effects are still present today. The United States encouraged sugar production in all three of these areas. As part of this encouragement, Puerto Rican sugar was exempted from the tariff; Philippine sugar was given tariff preference, and exempted from the tariff in 1902. In addition, the Philippines was guaranteed a minimum quota for its sugar in its 1934 Treaty of Inde- pendence from the United States, and subsequent treaties. Cuba was given a 20 per cent duty preference. By 1915, imports from these areas had increased 265 per cent over the five-year period before the Spanish American War. Sugar imports from Cuba increased 307 per cent; Puerto Rico, 348 per cent; and the Philippines 81 per cent2, although part of this was due to an 81 per cent increase in per capita consumption, and an 80 per cent in- crease in population in the United States.3' Until mid-1960 when, as an economic sanction, the United States stopped importing Cuban sugar, Cuba was the most important component in United States sugar supply and trade. They supplied more sugar than any domestic sector 21bid., p. 16. 31bid., p. 17. or other foreign country. There were three reasons for this: 1) Cuba's geographical proximity enabled delivery to New Orleans in two days; 2) Cuba's ability to produce large quantities of sugar for export, most of which went to the United States; and 3) Cuba's willingness to maintain large inventories of sugar for United States export, causing that country to become in fact the United States' "sugar warehouse". This last factor was the key to Cuba's importance to the United States sugar economy since it absolved the domestic industry--producers and processors--from assuming the responsibility of maintaining more than minimal in- ventories. Incentives for Cuba were provided in the forms of l) the tariff preference noted above; and 2) after 1934, the United States paid a guaranteed price--usua11y a premium-- for all of the sugar it imported. In 1958, Cuba exported 3,437,582 short tons of raw sugar to the United States, representing 37 per cent of United States consumption--73 per cent of imports other than from the Philippines.4 4U.S., Congress, Senate, Committee on Finance, Data Relating to Sugar Act Amendments of 1965, 89th Cong., lst sess., 1965, p. 10. Market Framework The demand for sugar in the United States is both highly price and income inelastic. Estimates range from -0.16 to -0.21 and 0.15 to 0.2, respectively.5 World supply is also highly inelastic.6 In addition, the sugar crop is highly susceptible to weather. These factors would theo— retically suggest the presence of wide price gyrations; and when sugar has been left to the free market, price insta- bility has been a primary characteristic of that market. Since 1934, United States policy has attempted to overcome this price instability for its domestic industry by regula- ting the amount of sugar marketed in the United States. Given the high price inelasticity, if this government regu- lation can be used to raise price as well as stabilize it, total returns to producers will be increased. Most other net importers of sugar also employ devices to protect their industries from massive price instability. Per capita sugar consumption in the United States has been relatively stable for the past decade. In 1970, per capita consumption was 103.58 pounds, refined value.7 5Thomas H. Bates and Andrew Schmitz. A Spatial Equilibrium Analysis of the World Sugar Economy, Giannini Foundation Monograph No. 23. TBerkeley, CalIfornia: Uni- versity of California Agricultural Sciences, 1969), p. 16. 6Clayton Ogg, "Income Distribution Consequences of United States Sugar Policy" (unpublished article, University of Minnesota, Department of Agricultural and Applied Eco- nomics), p. 4. 7Hawaiian Sugar Planters' Association, Sugar Manual 1971 (Honolulu, Hawaii: Hawaiian Sugar PlanterST’AssoEi- ation, 1971), p. 27. Given the high income inelasticity of demand for sugar, total market growth is primarily a function of population growth. The major change in sugar consumption since World War II has been the form in which sugar is consumed. In 1971, only about 25 per cent of the sugar marketed in the United States was sold directly to consumers.8 The re- mainder was sold to industrial users, and consumed in manufactured food and beverage products.9 Thus, today three quarters of the sugar consumed in the United States is purchased by the final consumer in a form other than sugar. This further discounts the already low perceived importance of sugar in consumers' budgets, and tends to diminish consumer interest in sugar legislation. Sugar is of significant economic importance in the United States economy, particularly the economy of certain regions; but its overall importance to the national economy is not great enough to elicit strong general public interest. Thus, a combination of strong vested interests--sugar pro- ducers, processors, and industrial users--and general 8U.S., Congress, House, Committee on Agriculture, Extension of the Sugar Act, Hearings, 92d Cong., lst sess., 1971, p. 56. 91n 1949, sugar purchased by industrial users rep- resented approximately 60 per cent of total United States consumption. U.S., Congress, House, Committee on Agricul- ture, The United States Sugar Program, 91st Cong. 2d sess., 1971, p. 3. public disinterest is created, which is a "major factor in the political power of sugar in the United States".10 The World Market Approximately 75 per cent of world sugar production is consumed in the countries where it is produced.11 Some 13 per cent is covered by international agreement or re- stricted trade, often at a price above that of the world 12 The world's free market in sugar is formed by the remaining 12 per cent.13 market. Because it is a residual market--producers clearly prefer the premium offered in protected markets--many per- sons, particularly those who support the United States sugar program, claim that the world market is a dumping market; that its price is irrelevant.14 Economists have argued, however, that the 48 per cent of world trade represented by the world sugar market is significant; that it is not a 10Interview with Roy Ballinger. 11The United States Sugar Program, p. 21. 12See Table l. 13The United States Sugar Program, p. 21. l4U.S., Congress, Senate, Senator Long speaking in favor of the Sugar Act, Senate Bill 2567, 89th Cong., lst sess., October 19, 1965. Congressional Record, Vol. III, Part 20, p. 27398. 10 I I mm.m nm.m mm.m mm.m vm.m mv.m mm.m wm.m vw.m mm.m Han mo.m mm.s «H.m mH.m mH.m oH.m mm.m mH.m om.h om.n mm.n Ha.m onma mh.h m>.h mm.> mm.b mn.h om.> v5.h mm.h om.n mn.n mm.h hm.h mmma No.5 wm.n mm.h mm.h mm.n mm.> mm.h mm.h m¢.n mm.n mm.h He.w mmma om.h mm.> hm.> «m.» mm.h om.> mm.n mm.b mm.n mH.> Hm.n ma.w nmma va.n NH.~ mH.> HH.> mo.n oo.n mm.m om.o mm.o em.m mm.m mm.m mwma mn.m om.m mm.m mm.m nh.m m>.m mh.m mn.w mm.m Hm.m mn.m mm.m mmma mm.m nH.m hm.m om.o ma.m mm.m mv.m mo.m mv.w mm.> ~o.w mm.m voma mn.m vm.m me.m mv.h mm.m mm.n on.m mo.HH mm.m vo.h om.m on.m moma em.m ve.m mm.w mv.m em.o mm.m mv.m mv.m me.m mv.m hm.m me.m mmma ov.m mm.m ma.m mo.m mo.m mm.m mw.m wv.m mm.m mm.m mm.m mm.o Hmma mv.o mm.o mm.m mm.m hv.w mv.m mm.m mo.m na.m HH.m oo.w mm.m coma 5H.n vv.m mm.o Hm.m hm.m mm.m hm.o om.m mm.m vm.m mm.m ma.m mmma ev.m mm.m n¢.m hm.m mm.m mm.m mm.m mm.m Hm.m mo.m mH.m mH.m mmma ma.m ma.m Hm.m na.m ma.w mv.o mm.m hm.m ea.m ma.o oa.m mm.m hmma _ecsom umm mucmo_ mmow 3mz eomm .owo .>oz .uoo .ummm .ms¢ wash wash mm: .HQfi .Hmz .Qmm .cmn MOON HhmHIbmmH .MHSDCOE .mflmmn >HO>AHOU xuow 3Oz OD Umwmsflpm mmoaum UHH03 paw mOOHum uomm MHOM SOZIImOOHHm Hamsm Osmo 3mm .H OHQMB ll .Hema mumsqms .vmm .oz 6:6 .mhma Suwanee .mmm .oz .mom>.m Hm.m mo.m mm.m Huma Hm.m mm.m vH.m mo.m vo.m Ho.m mm.v om.¢ vs.¢ mm.v mm.v o~.v ouma mm.m mo.¢ NH.¢ oa.v mH.v mh.v mm.v mb.v mn.v on.v mm.v mm.m mmma m>.m hm.m mm.m mv.m wo.m mm.m m>.m mm.~ mm.~ Hm.m mH.m mH.m mmma ma.m mm.m HH.m on.m wo.m mm.m mv.m mm.m mo.m hm.m hm.m Hm.m hmma hm.m mv.m mm.m Hm.m mm.~ v>.m mm.m mo.m mo.m ma.m Hm.m mv.m mmma mm.m nh.~ mm.m Hm.m mb.m om.~ ~m.m Hm.m vm.m hm.m mH.m mm.m mmma mm.m mm.e mm.v mm.v mm.m Nh.m mm.m vo.m hm.m mm.m vo.oa hm.HH voma om.HH hm.ma om.HH wm.m mm.h mm.m Nw.oa hN.HH wm.m Hm.h mm.m om.m mmma mH.m vm.v na.v mo.v ~H.¢ om.m Hm.m mv.m hm.m wm.m nm.m m~.m mmma mv.m m¢.m mm.m mm.m h>.m Ho.¢ mH.v mm.v mo.v mm.m hm.m mm.m Homa mH.v mH.v mH.v mH.v mm.w om.v Hm.m oo.e Ho.w No.v mm.m Hm.m coma em.m hm.m hm.m mm.m em.m wm.m nh.m mm.m mh.m mm.m hm.m ma.v mmma mm.v Hm.v m~.v mm.v mm.¢ mm.w om.v mm.v Hm.v hm.v mm.¢ mm.v mmma Nh.v mv.w mw.v Nv.m mo.m om.m mo.n mm.o we.» o~.n mm.m hm.m hmma mHmfim Mmm>HAMQ .84 c I ~Iw MRI-h. ”HOOD. ODINI MMOM BmZ OB QWBmeQ< .mMHMBZDOU ZUHMMOM mmmBO OB BzmzmHmm mom mHOm Mom madam .Hm Hem ooo.mew ..oe ewe ooo.em Amy oo.ooo.m oo.oom.m oo.ooo.m oo.oom.h oo.oom.NH oo.mmm.MH oo.ooo.ma oo.ooo.ma oo.ooo.ma NH.m>H.mH mo.omm.ma oo.ooo.om oo.ooo.v~ oo.oom«v~ oo.ooo.mm mo.HHm.Hm oo.ooo.om. oo.ooo.omm mensoeoo moanmfid Hmnucmu mausocom smauflum Hwnmnm ww>flaom mmamnmm OHHmuums¢ mafiucmmum Han COANMHoomm< Madam ocmaflum3m mcwnu mo oaansmmm ocmawmne mammoocm cnmzusom OHHnsmOm umommmmpmz Osqflcfluumz w manamomso msflufiusmz OHQEOHOO summ mweHEEHHeee mwamuums¢ OOHHmd nusom OHUsH eflem OOHm mumou .OHOEOUODO .msmeOOHz .HOUO>Hmm Hm .mmnso Icom .Hflocsoo Hamsm GMOHuwfid :flumq mmuspsom nmfluwnm cam mfimcmm .Howwsom .mOHUcH umOB nmfluflum kumum Coaxmz OHODNOGO> mmma chosm EOE .uw .mwmom .m mmEona . sawso OOA HDSDH¢ .ccwso..q Hanuufi HHEOZ..m unmade sflaxcmum Oxmam neenmsmq .o emsm cumcumm .0 unmnom MHHMHO onocmnwad ..uh .OONOb .m EOHHHHB :Omumq..o unmnom :oumcfluumm..q pumnom ucmuw mmuomm wmcuogufi Hamousm GOmcmw mmcuouwfl swampsw .m unoE>Om mmnuom msflaumum Hmuamz ummcumm .2 mmamb cflammq .0 anon a swflnom ummcnm 363m .m paoaud Hawcsoo.o .4 snow pumsumm .O pumnom ammonmz .m anon somBMQ gammauw c3oum .m mmaumno cmammm .N cooamnm GGHDO .A Hsnuud uHeOz..m pumnaa smemmnu .q Hmomo xnmq xOHHumm mmaumso Anew» ummv me Uwucmmwummm muucoou unwmd .Hhma.@cm mmma muwuflumflmnnoa Hamsm .e magma 44 mean .mHH .Oz .hHH HOsOemmOemcoo .mmme .Oechm .mmOechO ..m.D .oemmem .e .eeme .em .eo> ..wwww ewe ..eeoo wee mew lmeeem .e .om eewe .eee .eo> .weowwm .me eweoeoo ..wwww ewe ..eeoo seem "OOHDOW; .ee ewe ooo.mmm .ee ewe ooo.ome .ee ewe ooo.eee .e» ewe ooo.o~e .ee ewe ooo.ome A.e> umwm eOM memeOOOe mnm.mvw OOueomOev .en eOm mmuomm .OE eOm oowm ooo.mm mO3 mason OOueomOe ummq .mOoe>eOm mo :Oeuecmo IOOe :e mOmscon Ocseoqe eon mOOUV .oE eOm omh.mw .ee ewe ooo.mee .OE eOm comm .ee ewe ooo.mee .OE eOm ooo.¢m .ee ewe ooo.m~e .ee ewe ooo.mee .ee ewe ooo.m~e .OE eOm ooo.em wsee wwe ooo.oew mOchmxm eom meaem .ee ewe ooo.m~m memo mOmsOmxm .OE eOm ooo.~m .ee ewe oom.~ee .ee ewe ooo.mee .em eOm ooo.mmm .OE eOQ ooo.m m .em ewe 999»Mee Itukfi Ihcnm Goesaeéfld IIeKn H0: OCC I CIA u... mOeUcH umOz OHOzNOQO> eczema Osmaemna pcmaeumsm wweeee Epsom weeeo eo oeeesewm mOcemmHHenm seOm hwsmmewm madame ooesz mseueesmz. Hzmdmz Aemommmmvmzv DeansmOm mmmmmamz meeOneq OGOHOeH wepce euemm emee OsvecHuemz .OmsoHOpmsw pamamcm eovmsom OflHQSQOm GOOHGHEOQ a 6’4/4. 5190)) . I ,l.I-pnl\ - (a I clan.-. - mu.- E...IH1u mUCfiUm— rpm fl .8 at L «a e. .4. NT... Ie .2 scene OOA ensued easeso .q esaee< cmmeeewz .q .Om UHOM£O3OA .m mOOeUcm >OHOOU .o UHOeOm meanwnu .2 Ooeemsh MOCOSOZ anon sonHOGOm .U OmeOOw HHOqcoo.o .« econ maezm a eOEemm .Oeueeaooo .eOmOOm .meDQaO>OA .eOnqum eweewe .N coeewem , caeso OOq ennue¢ .aceso .A esneefl Oxesom.o meccOo GOOeOem eOe>Oo .3 Ommeea eOeHHOO meeOb mOeesm .m eOuHmz MOHOOU .Q waoemm Ncoem .3 OmeOOO mHOecmn .m HOOSOHZ Seem .e eeeeee :3oem .m mOHemnu mmeesm .m eOeHmz amneasom a OHOHGOQ eceso OOq ensued .GcHDO .q ennue< OGOflHDb .z mOEOb I lifllnn F fifth Laaankn/N s CCrflflmIv I.” “jeand MIA/N I... 45 process and the Sugar Act itself into the limelight, making the Act a significant political issue for the first time since its origin. Chapter V describes the 1965 sugar legis- lation experience. CHAPTER V THE 1965 EXPERIENCE 1965 represented the kind of experience which cartels prefer to avoid: bitter internal dissension; economic prob- lems, and public concern over both the cartel's political process and the Sugar Act itself. Before describing that experience, two features of the 1962 extension of the Sugar Act must be noted. Many Administration officials felt that the end of the United States' reliance on Cuba afforded an opportunity to reshape United States sugar policy;l hence the development of two new features. The first is the global quota. Instead of reassigning the Cuban quota in its entirety to specific countries, the 1962 Act held most of Cuba's quota (about 1.5 million tons--57.77 per cent of imported sugar other than from the Philippines) in reserve until the President saw fit to restore it. The Cuban reserve was to be allocated as a global quota, on a first-come, first-served basis. The second feature is the import recapture fee, a device to capture all or part of the price premium on imported sugar. lHorton, "United States Sugar Policies", p. 11. 46 47 The episode that we have called the 1965 experience actually began in 1963 with some unusual developments in the economics of sugar. The Economic Setting In 1963 and the first quarter of 1964, the world price of sugar skyrocketed above the United States price for the first time since 1957 (See Table 1). At its peak the difference was over three cents per pound. There were three reasons for this phenomenon: l) Decreased production in Cuba; 2) A poor Eastern European sugar beet crop for two continuous years; and 3) A relatively rapid increase in world demand for sugar. In reaction to this, the State Department sent ur- gent messages to all non-Communist sugar producing countries asking for supplies above their quotas--i.e. to fill the global quota--at the lower United States price. State im- plied that 1963-64 performance would be the basis for new foreign quota determination by Congress when the Sugar Act's extension expired at the end of 1964.2 Thus, countries were asked to take short term losses in favor of long term gains. As a result, the total foreign quota for both 1963 and 1964 was filled. 2At least two of those interviewed claimed that the State Department had more than implied that increased quotas would result for countries which "came through" in 1963—64. They claim that actual commitments of increased quotas were made. 48 Some Congressmen, particularly House Committee on Agriculture Chairman Harold Cooley, were incensed at this action by the State Department since they Viewed the allo- cation of foreign sugar quotas as strictly a Congressional perogative. Cooley and others also blamed the economic situation on the global quota and recapture fee, and vowed to oppose their inclusion in the next extension of the Sugar Act. In 1961, domestic production controls had been re— moved following the suspension of Cuba as a source of sugar supply for the United States. With the advent of world shortages in 1963, the Department of Agriculture also urged domestic producers to increase their production. It is claimed by some that as a quid pro quo the Agriculture De- partment made commitments of increased quotas for the domes- tic sugar industry when Congress next considered sugar legislation.3 The response, especially in the beet areas, was quick and large, although a question persists as to how much of this was in response to the invitation and how much was due to better production and market conditions. Sugar beet production in 1962 was almost 380,000 tons short of its 3Interview with James T. Bonnen. Robert Shields im— plies this in a 1964 speech. Robert H. Shields, "Consumer Interests--The Basic Issue in Sugar Legislation" (speech given at the Annual Convention of National Vendors Associa— tion, Miami Beach, Florida, April 18, 1964), pp. 2-3. 49 quota.4 In 1963, beet production increased 500,000 tons, while marketings increased 20 per cent over 1962 levels.5 By mid-1964, when successfully expanded world pro— diction hit the world market, the world price of sugar had returned below the United States price. By the end of that year, it had nosedived to less than three cents per pound; and domestic producers--especially beet producers--had sub- stantially more inventories on hand than they could legally market under their Sugar Act allocation. Although the basic statute of the Sugar Act ran through 1966, the foreign quota allocations were to expire at the end of 1964. Given the surplus inventory and over- production problems of domestic producers, it was clear that they too were in need of legislative help in 1964. It was also evident that the Act was deficient in its ability to deal with world shortages. One method suggested by some in the Administration was larger inventories by the domestic industry.6 This proposal was met with vehement industry opposition. Beet producers and processors were seeking a 750,000 ton per year increase in their allocation, in order to market 4United States Cane Sugar Refiners' Association, Setting the Recgrd Straight Concerning Sugar Legislation (washington, D.C.: U.S. Cane RefinersT Association, August, 1964) , p. 1-2. 5 Shields, "Consumer Interests", pp. 2-3 6Internal Executive Branch staff memoranda. 50 their inventories and not decrease production. Since con- sumption growth would cover only a small share of this, any increase even approaching this figure would have to come from another sector's allocation. Politically, the prime candidate would be foreign quotas. But there was a major drawback here: Since the cane refiners process all imported sugar, and no beet sugar, any cut in the foreign allotment would directly affect them--particularly in the Northeast, where refineries process imported sugar exclusively. The result was a bitter and deep conflict between the industry's beet and refining sectors. Political Process (1): 1963-64 The Administration was determined to take an active role in sugar legislation, partly because Budget Bureau Di- rector Kermit Gordon strongly felt that the Sugar Program was in need of reform.7 But the extent of the Administra- tion's role was seen by one participant..as primarily a function of the strong and deadlocked conflict within the domestic industry.8 Since the traditional processes of sugar legislation formulation were not functioning, the Administration felt itself forced to take the initiative. 7Interviews with James Bonnen and Donald Horton. 8Interviews with James Bonnen. 51 By early 1964 the Administration had formed an inter- agency political level group to make recommendations on sugar policy. They in turn formed a staff level technical task force, whose recommendations were to be free of politi— cal considerations.9 The technical committee was to report to the political level group, who would finalize Administra- tion proposals for the President. The conflict between the cane refining and beet sec- 'tors was so strong, in spite of attempted intervention by the Administration and members of Congress, that the two groups would still not meet, and representatives of each sec- tor were charging the other with trying to destroy the United States sugar industry.10 This conflict was also mirrored in the Administra- tion, where the Agriculture and State Departments were at odds, primarily over the allocation of quota between foreign and domestic producers. As noted above, both had made com- mitments in 1963 and early 1964, and it was now time for their respective clientele to collect. Thus the Department of Agriculture vigorously supported the domestic industry's-- particularly the beet sector's--request for an increased 9Interviews with James Bonnen and Donald Horton; and internal Executive Branch staff memoranda. Both committees were to be comprised of representatives of Agriculture, State, Budget, and the Council of Economic Advisors. 10Interviews with industry representatives and De- partment of Agriculture staff. ‘ ‘ 52 quota, to come from the foreign share of the market. Many in Agriculture and the Executive Branch believed that the large beet sugar surpluses were a direct result of that Department's 1963-64 policies.ll Meanwhile, the State Department was strongly fighting any decrease in the foreign market share, and at the same time attempting to make good on the commitments it had made to foreign suppliers in 1963-64. Cooley, Chairman of the House Committee on Agricul- ture, insisted upon industry agreement--both internal and with the Administration--before he would hold hearings on a bill. In October, he unsuccessfully attempted to force agreement through brief hearings on two short amendments. As 1964 was ending, time was running out on the foreign quotas, the legal basis of which was to terminate December 31, 1964. Cooley's unwillingness to hold further hearings appeared to place him in a strategic position, since it was clear that sugar legislation could not pass without the support of the House Agriculture Committee Chairman. But in late October, the Agriculture Department de- cided it had the legal authority to allocate foreign quotas administratively for two years--but not to continue the global quota or import recapture fee--since the basic statute extended for that length of time. Although their legal 11Interview with James Bonnen. 53 authority to do this was questionable, USDA and Administra- tion officials privately believed that they would not be challenged in the Courts, but that if they were, new legis- lation would have been enacted by the time any challenge 12 The Administration at the urging could be made effective. of the State Department based its quota allocation on 1963- 64 performance, with the latter year receiving double weight (See Table 5). And so 1964 ended with no new legislation. There were seven significant issues to be dealt with in the early stages of the 1965 sugar experience: Issues (1): 1. Domestic-Foreign Division of the Market. This was the most important economic issue in 1965, and had split the sugar industry so widely--and the Administration almost as badly--as to result in legislative inaction. 2. Cuban Reserve. Ever since mid-1960, the name of the foreign sugar game had been "how to divide the Cuban pie". In 1962, the answer was the global quota. But opposition in both Congress--particularly from Cooley-~and the State De- 13 partment ruled out this alternative in 1965. There was a 2Interviews with persons who were in the Department of Agriculture and Executive Branch in 1964. l3State's position was, as usual, a reflection of its clientele--foreign countries-~who preferred the certainty and security of set individual country quotas. 54 Table 5. Administration, House, Senate, and Conference Committee allocations of foreign sugar quotas, 1965. Adminis- House Senate Conference Country tration bill . bill agreement (Short tons, raw value) A. For countries in the Westerh Hemisphere: Mexico 390,135 340,925 390,135 348,501 Dominican Republic 385,854 340,925 422,512 340,925 Peru 240,824 272,013 272,013 272,013 Brazil 221,558 340,925 272,013 340,925 British West Indies 122,017 150,397 122,017 136,000 Ecuador 49,770 50,267 49,770 49,770 Colombia 27,829 42,970 27,829 36,000 Costa Rica 34,786 42,159 34,786 40,000 Nicaragua 40,672 38,511 40,672 40,000 Guatemala 35,321 32,836 35,321 34,000 Venezuela 2,676 30,809 2,676 17,000 El Salvador 17,125 30,403 17,125 25,000 Haiti 18,731 28,782 18,731 18,731 Panama 14,449 25,134 14,449 25,134 Argentina 63,685 21,485 63,685 42,000 British Honduras 4,281 19,864 4,281 10,000 Bolivia - 4,054 1,000 4,054 Honduras - 4,054 1,000 4,054 French West Indies 50,841 42,970 42,970 42,970 Subtotal 1,720,554 1,859,483 1,832,985 1,827,077 B. For other countries: Australia 186,772 162,152 162,152 162,152 China, Republic of 67,431 67,293 67,431 67,431 India 96,865 64,861 64,861 64,861 South Africa 96,865 29,593 66,584 48,000 Fiji Islands 45,489 24,323 35,489 35,489 Thailand - 19,864 - 15,000 Mauitius 14,985 14,188 14,985 14,985 Swaziland 9,098 6,081 6,081 6,081 Southern Rhodesia 9,098 6,081 6,081 6,081 Malagasy Republic 7,492 6,081 7,492 7,492 Ireland 2,141 - 2,141 5,351 Belgium 1,605 - 1,605 - Turkey 1,605 - 1,605 - Subtotal 539,446 400,517 436,507 432,923 C. Philippines 1:0501000 1,050,000 1,050,000 1,050,000 TOTAL 3,310,000 3,310,000 3,310,000 3,310,000 Source: U.S., Cong., House. House-Senate Conference Committee, Suggr Act Amendments of 1965, Conference Report, House Report No. I209, 89th Cong., lst sess., October 22, 1965. 55 desire by some in Congress and the State Department to de- crease the Cuban Reserve from its 57.77 per cent, thus permanently transferring some of it to other quotas. Given the demise of the global quota, the Cuban Reserve that re- mained had to be allocated to other countries. Which coun- tries that were to share in that Reserve, as well as in the Reserve's share of United States market growth, became im- portant issues. 3. Allocation of Quotas. The Administration's alloca- tion of quotas on the basis of 1963-64 performance met with strong opposition in the House. Cooley viewed this as an encroachment of his Committee's duties, if not authority. He also felt that the 1963-64 episode was an aberration, for which countries should not be penalized. Cooley made it clear that the Committee would formulate foreign quotas on its own, as it saw fit. The State Department, of course, was adamant in its backing of the 1963-64 criterion. 4. Foreign Policy Considerations. The dilemma of agri- cultural versus foreign policy was particularly strong be- cause of the previous sugar policy commitments made by the Sgate Department and the peak interest in Latin America; e.g., The Alliance for Progress, Castro, and the Dominican Republic. This interest was intensified by the move of Thomas Mann from Assistant Secretary for Latin American Affairs to Under- Secretary for Economic Affairs, where he became State's 56 principal in sugar policy.l4 First, the Administration wanted all deficits to go to the Philippines and Western Hemisphere countries. Second, the House advocated special consideration in the growth of the Cuban reserve to member countries of the Organization of American States (OAS). Third, the Administration favored restricting developed countries' (primarily Australia and South Africa) share in market growth. 5. Import Fee. One of the most volatile issues in sugar policy, the fee had ardent supporters and detractors in both the Administration and Congress. Its supporters included: 1) the Bureau of the Budget, which approved of recapturing part of the premium for the Treasury; 2) the Council of Eco- nomic Advisors, who approved of a decrease in the premium to foreign producers; and 3) Congressional critics of the pro- gram--along with some parts of the domestic industry--for both of the reasons cited above. Opposition to the import fee was led by the State Department and by Cooley, who called it "immoral, based on unsound economics, an insult to our friends in Latin America, and would result in eventual ruin 15 of the United States sugar program". State's opposition 14Interview with James Bonnen. 15U.S., Congress, House, a letter from Representative Cooley to Speaker of the House McCormack, 89th Cong., lst sess., October 19, 1965. Congressional Record, Vol. 111, Part 20, p. 27400. 57 was headed by UnderSecretary for Economic Affairs Thomas Mann, and was again a reflection of its foreign country clientele, who, of course, desired as large a premium as possible. 6. Time Extension of the Act. In order to bring pro- duction and inventories into line with their market share, domestic producers sought a long extension--preferably through 1971. Foreign interests and the Refiners also fa- vored a long extension, since this would assure the former of participation in the United States premium market for six years; the Refiners were assured of a stable set of suppliers for that length of time. 7. World Shortages. Provisions were sought by the Administration to deal with these; the 1963-64 experience clearly indicated the need for them. Political Process (2): Pre-Hearings In order to give their extra-legal 1963-64 based criteria for foreign quota allocations a chance to operate, the Administration was in no rush to hurry sugar legislation in early 1965, especially given the industry's--and its own-- discord. The inter-agency technical committee made revised 16 recommendations in February. These included: l6Internal Administration memorandum. 58 l. The sugar beet sector was to receive an immediate increase of 375,000 tons at a consumption estimate of 9.7 million tons. The Mainland cane quota would increase by 205,000 tons. All growth between 9.7 and 10.4 million tons was to go to foreign countries; at 10.4 it was estimated that the domestic/foreign ratio would be at the level it would have reached under the 1962 Extension. Market growth after 10.4 million tons would return to the traditional 65 domestic/35 foreign split. At consumption estimates of 9.7 to 10.4 million tons domestic allocations would be: Short Tons, Raw Value Beet Sugar 3,025,000 Mainland Cane Sugar 1,100,000 Hawaii 1,110,000 Puerto Rico 1,140,000 Virgin Islands 15,000 Total Domestic 6,390,000 2. The 1963-64 performance was to be the formula for foreign quota allocation. 3. An import recapture fee was to be imposed of not more than 1.5 cents per pound. 4. Deficits would go to a global quota, which would be subject to a 100 per cent recapture fee. 5. Safeguards against shortages were provided in the form of letters of intent to fulfill quotas and scheduling of shipments, with penalties for non—performance. 59 6. The market reserve for new beet areas was eliminated. 7. An expiration date of December 31, 1969 was proposed for the legislation. By late winter of 1964 representatives of the industry sectors were meeting with Administration representatives and members of Congress. On March 29, 1965 the domestic industry, in reaction to the Administration prOposals, (which had been informally communicated to all industry sectors), released a set of proposals for the Act's extension, warning that if a single word was changed the agreement would collapse.17 Although there was still intense conflict within the industry, it was felt that a compromise had to be worked out at least to 1) partially relieve the beet sector of its surpluses, and 2) avoid the possibility of sugar legislation being enacted without industry input--a situation cartel members 8 . . . 1 The1r major recommendatIOns were: greatly feared. l. The inter-agency technical committee's recommenda- tion for an immediate increase in beet and mainland came quota, with all market growth until 10.4 million tons to foreign countries, etc.; 2. Extension of the Act through 1971, since they believed l7Domestic Beet Sugar Industry, Mainland Cane Sugar Industry, Hawaiian Sugar Industry, Puerto Rican Sugar In— dustry, and the United States Cane Sugar Refiners' Associa- tion, "Industry Sugar Recommendations" (press release, Washington, D.C., March 29, 1965). 18 personnel. Interviews with industry representatives and USDA 60 it would take that long to restore the desired domestic/ foreign balance in sugar supply; 3. Elimination of the global quota; 4. An import recapture fee; 5. Termination of the reserve quota for new domestic sugar beet areas, since all increase in the beet quota would be used to alleviate the beet sugar surpluses; and 6. A general desire for incentives for foreign countries to maintain reserve stocks for the United States market. The industry traditionally takes no stand on the allocation of foreign quotas, and this was the case in 1965. With an industry position now formed, the inter- agency "political" committee met again to.develop a final Administration position on sugar legislation. President Johnson received the committee's recommendations on April 16, 1965.19 For the most part they paralelled the industry's and technical task force's recommendations. The State De- partment, however, still vigorously opposed the import fee, which remained an issue. By late Spring, the Administration was ready to go to the Hill with a bill that would extend the Sugar Act through l97l--as recommended by the industry, and supported by the Agriculture Department. With two other exceptions 19Memorandum from the Inter-Agency Policy Committee on Sugar to President Johnson dated April 16, 1965. 61 the bill included the task force recommendations, and had the backing of the domestic sugar industry: There was no pro- vision for a global quota, and the import recapture fee was missing. Johnson had indicated his support for a fee in spite of Cooley's extreme distaste for one.20 Many State Departr ment officials, of course, especially Thomas Mann, a long time Johnson friend, Opposed it. Along with their general support for their foreign clientele, they felt that the fee hindered the development process in producing countries by cutting into deeply needed foreign exchange. With in- creasing attention being directed toward Latin America, it was believed that the fee was harmful to United States re- lations with that area, since most Latin American countries held United States sugar quotas. In an effort to mollify Latin American feelings after the United States invasion of the Dominican Republic, Johnson summoned the Ambassadors of Latin American sugar-producing countries to the White House, and announced that the import fee would be dropped from the 21 Administration's bill. The industry immediately dropped its support of the fee. 20Internal Executive Branch memoranda. 21Interview with Robert Shields. 62 Political Process (3): The House Cooley waited until late August of 1965 to hold hearings on the Administration bill. As Chairman, he had always delayed sugar legislation until late in the Congres- sional session for two reasons: 1) It lessened the chances of lengthy analysis of, and debate over, the legislation; and 2) in minimizing the opportunity for change after his Committee produced a bill, it increased his power in deter- mining what would be in the final legislation. This time, however, there was an additional reason. The Johnson Ad- ministration was trying to push a major revision of the farm program through Congress, and its passage was uncertain. By delaying sugar legislation the Administration was able to bargain successfully for votes with supporters of the Sugar Act, who might not have voted for the Omnibus Farm Bill if it were considered on its own, rather than in the setting of uncertainty about the future of the Sugar Program.22 Cooley had for some years relished the power he had 23 He made a point of meeting in determining foreign quotas. in private with foreign lobbyists. These meetings were the basis of the impropriety charges. 22Interviews with practically all 1965 Administra- tion personnel provided descriptions of this strategy. 23This observation was made in a number of the in- terviews with industry and government representatives. 63 When the hearings began, Cooley made clear his dis- satisfaction with Administration allocation of foreign quotas. The Administration—-finally united in support of its pro- posals--began the hearings with testimony on its bill, and they were solidly backed by the domestic industry. The in- dustry stressed the need for passage with no modifications. Any change, however minor, they warned, could endanger the delicate compromise which had finally been struck.24 ‘ The industrial users testified in support of the Sugar Act, but their spokesman received little questioning from the Committee, and their recommendations appeared to have an insignificant impact on the bill's outcome. The House hearings lasted four days, with Cooley running them with an iron hand. He often interrupted ques- tions unfriendly to foreign lobbyists, and disallowed ques- tions by Representative Paul Findley concerning the lobbyist's fees. Most foreign lobbyists expressed dissatisfaction with the Administration's bill--generally with the allocation of quotas or deficits; Latin American representatives requested preferences in deficits and market growth. All, of course, wanted increased quotas. In its executive sessions, at which domestic lobby- ists were present, the Committee substituted its own bill 24U.S., Congress, House, Committee on Agriculture, Amend and Extend the Sugar Act, Hearings, 89th Cong., lst sess., 1965, p. 19. for the Administration's. 64 25 It included virtually all of the Administration's domestic proposals--these were the ones the industry was concerned with--but significantly altered the foreign aspects of the bill in the following ways: 1. The Committee threw out the 1963-64 performance cri- terion for foreign quota allocations, substituting its own quotas, for thirty-two countries (including one for the Bahamas, whose new sugar industry was owned by a United States company, and had yet to produce any sugar26 (See Table 5); A further decline in the Cuban reserve to 44.25 per cent was provided; Gave deficits from Eastern Hemisphere countries to other Eastern Hemisphere countries and the Philip- pines; Gave special consideration in the growth of the Cuban reserve to O.A.S. countries; Omitted the restriction on developed countries' share in market growth; and To deal with periods of tight supply, in effect re- quired foreign quota holders to maintain 15 per 25U.S., Congress, House, Committee on Agriculture, Report on Sugar Act Amendments of 1965, H. Rept., 1046, 89th Cong., lst sess., 1965. 263y not using any publicly-enunciated objective criteria for allocating quotas, the Committee left itself open to charges of imprOprieties with lobbyists. 65 cent of their United States quota in reserve. Fail- ure to do so could result in loss of the quota. The Administration, over the State Department's opposi— tion backed this last proposal. Opposition on the House floor was led by Represent- ative Findley and centered around foreign lobbying and the allocation of foreign quotas; opponents claimed that no objective criteria had been used in quota allocations. In response to this, the Committee hastily put out a publica— tion titled "The Development of Foreign Sugar Quotas in HR 11135", attacking the Administration's 1963-64 performance criterion and defending their allocations on the basis of nine considerations. They included as criteria, "stability of government", "national policy and strategy", and purchase of United States agricultural products, as well as the ability to supply sugar, and past performance.27 With full backing from the domestic industry, the bill passed the House, 246 to 147. But the debate had focused public attention on the Sugar Act, creating public distress and thus making the Act, itself, an issue.28 27U.S., Congress, House, Committee on Agriculture, The Development of Foreign Sugar Quotas in H.R. 11135, 89th Cong., lst sess., 1965, pp. 5-6. 28Editorials denouncing the Sugar Act, foreign lob- bying, and Harold Cooley were commonplace in the popular press. For example: Editorial, The Washington Post, Sep- tember 20, 1965; Editorial, Wall Street Journal, November 66 As the bill went to the Senate, three issues had become more important than all of the others: Issues (2): l. The Sugar Act. Public concern about United States sugar policy, usually dormant, had been aroused in 1965. The Act as an instrument of United States policy-~foreign and agricultural--was being questioned by the public, the press, and an increasing number of Congressmen. The growing number of critics viewed it as an unnecessary subsidy to domestic and foreign producers which hurt both consumers and taxpayers. In addition, the foreign aid component was viewed as uncontrolled, since it was not determined by the usual aid criteria. 2. Sugar's Political Process. Public criticism was primarily focused on this aspect of the Sugar Act, especially on foreign lobbying. Concern was expressed in Congress as well as in the press, over Cooley's dealings with foreign 29 lobbyists. The case of Venezuela and Argentina became a cause celebre among lobbying critics. Argentina was the only sugar supplier that did not hire a lobbyist; instead they used diplomatic channels for their quota request. The Ag- ribulture Committee decreased the Administration's quota for Argentina by two-thirds. Venezuela had never supplied sugar 23, 1965; Editorial WashingtogPost, October 2, 1965. "Playing Sugar Daddy to Sugar', Life, October 29, 1965, p.4. "Sugar Stick-Up", Nation, October II, 1965, p. 206. 29Interviews with industry and government represent- atives. 67 to the United States before. They hired a lobbyist for $50,000. The Administration wanted a quota of 2,676 tons for that country; the Committee granted it one of 30,809 tons. Cooley's allowing domestic industry lobbyists to attend Executive sessions of the Agriculture Committee did nothing to ease the concern over the political decision process in sugar legislation. In addition, this time Cooley's delay in not bringing up sugar legislation until late in the session had angered scores of Congressmen who felt the legislation should not be rushed through Congress. As the bill reached the Senate, the political decision process was becoming the most important issue of the 1965 Sugar experience, since this was where public and Congressional attention and dis- satisfaction with the Sugar Act was focused. 3. Time Extension of the Act. Senators, especially, were miffed over the lack of time they had to formulate sugar policy. For this reason, many--especially John Williams and William Fulbright--wanted a short extension (one to two years) with full-scale Congressional hearings and study in the interim. Political Process (4): The Senate The Senate Finance Committee received the House bill in mid-October and held hearings for only one day. Most of that day was spent questioning Administration representatives, who urged the Committee to restore the Administration bill. 68 Intense opposition to the House bill, as well as general concern over the Act itself, was expressed by a num- ber of Finance Committee members, in particular Fulbright, Williams, and Paul Douglas. Williams claimed that strong Administration backing was essential if the House bill was to be altered successfully, and the changes sustained in Conference. They pressed Under Secretary of State Mann and Agriculture Under Secretary John Schnittker on the need for extending the Act, and whether the Administration preferred the House bill to no Extension at all. Neither spokesman gave a commitment either way. It was becoming clear that the Administration's support for reform in the Sugar Program would only go so far. Some Committee members expressed strong support for a revival of the import fee; but Mann made clear the Administration's (and his) opposition to the fee. The Committee substituted its own bill for the House one. Long stated that the Committee "concluded that the House distribution of foreign quotas would be difficult to 30 defend ' Except for extending foreign quotas for only two years--the Finance Committee's bill closely paralelled the Administration's. Table 5 shows the Committee's foreign 3OU.S., Congress, Senate, Senator Long speaking in favor of S. 2567, to Extend and Amend the Sugar Act, 89th Cong., lst sess., October 19, 1965. Coggressional Record, Vol. 111, Part 20, p. 27374. '4 h 69 quota allocation. The two-year extension of foreign quotas was supported by many of those critics of sugar's decision- making process, who felt that they had not been given ade- quate opportunity to review the matter of foreign quota al- location. It is uHcertain though, whether this short exten- sion of the foreign provisions was in itself supported by Committee members with ties to the sugar industry, or whether it was included to win support from Senators--both in Com- mittee and on the floor--who might not have supported the Act's Extension if it included a lengthy extension of foreign quotas. Fulbright and Douglas led the opposition on the Senate floor. Fulbright was incensed over many of the foreign policy aspects of the bill—-in particular lobbying and the uncontrolled foreign aid component of the Sugar Act. As Chairman of the Committee on Foreign Relations, he felt that his committee was the proper one in which to hold hear- ings and formulate the foreign policy aspects of the Act. The Finance Committee's two-year foreign extension was in- sufficient to mollify Fulbright. He offered a narrowly de- feated amendment--the opposition to it was headed by Long-- Which would remove foreign quotas from the bill, leaving quota allocation to the Administration for another year, and allowing Congress to review and examine fully the Sugar Act's foreign provisions in its next session. As the bill passed 70 the Senate, Long gave assurances that the Senate Conferees would not waver when sugar legislation came to a House- Senate Conference. Political Process (5): House-Senate Conference ,1 ll Publicly the Administration expressed support for the Senate version; but opposition from the Agriculture and State Departments, combined with total Opposition from the Refiners, to only a two-year foreign extension, limited the effectiveness of that support.31 Williams had predicted that lack of total Adminis- tration support would ensure passage of the House version. It was uncertain how much the Administration had traded in its quest for votes for the Omnibus Farm Bill, or how much of its dwindling interest was due to weariness with sugar issues.32 The Conference compromise, passed by both houses, contained most of the key provisions of the House bill, in- cluding the five year extension for foreign quotas. Long's pledge of unwavering support for the Senate version had not withstood the Conference battle. Quotas tended to be closer to the House version, (See Table 5), especially those the House considered crucial, such as for Mexico, which had irked some Agriculture Committee 31Interviews with industry and government represent- atives. 32Horton, "United States Sugar Policies", p. 32. 71 members because of its less-than-complete support for United 33 The House allocation of States policies in Latin America. deficits and growth prevailed while a compromise reduction to 50 per cent was reached for the Cuban reserve. Cooley called the Conference report a "complete vindication of the House Committee on Agriculture".34 But it was not a complete nor final one for Cooley. He was de- feated for re-election in 1966, apparently partly because of the role he cherished playing in sugar's political process.35 Issues (3): A Summary 1. Domestic-Foreign Division of the Market. The tech- nical task force's recommendation of an immediate increase in domestic quota--375,000 tons for the beet sector and 205,000 for mainland cane--at a 9.7 million ton Consumption Estimate, with all growth until 10.4 million tons to foreign suppliers, sailed through both Houses with full domestic in- dustry backing. 33U.S., Congress, Senate, Senator Smathers speaking in favor of S. 2567, to Extend and Amend the Sugar Act, 89th Cong., lst sess., October 22, 1965. Coggressional Record, Vol. 111, Part 21, p. 28248. 34U.S., Congress, House, Representative Cooley speak- ing in favor H. 11135, to Extend and Amend the Sugar Act, 89th Cong., lst sess., October 22, 1965. Congressional Record, Vol. 111, Part 21, p. 28555. 35 Interview with government representatives. 72 2. The Sugar Act and its Political Process. This issue was IeftThanging. ‘The Conference Committee Report had passed both houses with little difficulty. Although critics of the Act had grown in number, they were still a minority in Cong- ress, and with passage of the Extension, could be expected to turn their attention elsewhere. No efforts, of course, were made to reform the political process affecting sugar legislation. 3. Cuban Reserve. This was reduced to 50 per cent. Growth in the Reserve accruing from growth in the Consump- tion Estimate was to go to OAS countries. 4. Allocation of quotas. The House version, based on no set criteria, generally prevailed. (See Table 5). 5. Import Fee. This was dropped by President Johnson in response to intense opposition from Latin American coun- tries and their spokesmen in the State Department. 6. Time Extension of the Act. The industry's desire for an extension through 1971 won Administration backing, and became a key feature of the legislation. 7. World Shortages. Provisions were included to require foreign suppliers to maintain 15 per cent of their quota in reserve. Despite the belief by many in the Executive Branch that a veto would not be over-ridden in Congress, President Johnson signed the Bill.36 36Horton, "United States Sugar Policies", p. 32. re 73 Thus, after long and bitter controversy, the longest extension in the history of Sugar Act was a legislative ac- complishment. Sugar would be absent from the legislative arena until 1971. Given the concern expressed in 1965 over both the Sugar Act and its political process, changes could be expected in 1971. Chapter VI describes the 1971 sugar experience. CHAPTER VI THE 1971 EXPERIENCE Since the 1965 Extension was based on a series of compromises within the harried and warring domestic industry, some observers felt that the 1971 Extension might be preceded by the same kind of bitterness and con- flict as in 1965, prompted by various industry sectors attempting to overcome unfavorable parts of that com- promise.1 This prediction proved false. The 1971 sugar experience was relatively quiet, smooth, and harmonious-- the kind which cartels cherish.2 The Economic Setting As 1971 approached, the economic situation in sugar had pretty much returned to normal. The world price had climbed back from lows of under three cents per pound to within three cents of the United States price. Demand had increased more rapidly than anticipated 1For example, see Horton, "United States Sugar Policies," p. 1. 2Interviews with industry representatives and USDA personnel. 74 75 in the United States--consumption in 1970 was over 11 million tons. There were, however, some problems in the domestic industry. First, although continental production was once again in balance with marketing quotas, acreage restrictions were in effect in the mainland cane areas, as they had been in every year of the 1965 Extension. Second, Puerto Rican production continued to decline; and in 1970 production there fell some 800,000 tons short of quota. In addition, the Virgin Islands had stopped pro- ducing sugar altogether. (Its quota had been 15,000 tons.) These deficits were filled by the Philippines and Western Hemisphere countries, and thus the actual domestic share of the market--56 per cent--was well below the 62 per cent target. Third, a handful of older beet sugar producing plants had closed down, leaving producers in those areas without a market for their beets. Two plants closed due to lack of scale economies and the inability to secure capital to reach that size, and one because of the costs involved for it to comply with new environmental quality laws.3 Fourth, expanding beet production had just about peaked in 1970. Although it had met it's 1970 quota, beet 3Interview with Robert Shields. 76 sugar production in 1968 had been about 200,000 tons short of that year's quota. At the same time, some new areas had expressed an interest in gaining beet quotas for the first time. The 1965 Extension had stopped the Spread of sugar beet production into new areas. With sugar legislation about to enter the legisla- tive arena for the first time in six years, eight issues were in the United States sugar policy forefront. Issues (1): 1. Need for an Increased Quota for the Mainland Cane Area. Since this was the only domestic area where produc- tion controls were in effect, the need for relief here was strong. The key questions were: 1) How large the increase should be--the mainland cane sector wanted a 500,000 ton boost. This was seen as too large by the beet sugar sector, since most of the increased output in Louisiana would have to be marketed in the traditional beet areas of the midwest; and 2) where the increase would come from. Growth in the consumption estimate would not cover the needed increase, and although beet sugar production appeared to have peaked-and become relatively stable, it was still politically infeasible to restrict that sector's share in market growth. This left the Puerto Rican deficit or foreign quotas, and since the former was being filled by foreign countries, this meant that the immediate effect 77 of an increased mainland cane quota would be a decrease in the foreign share of the market. This, of course, would be opposed by foreign countries, and thus the State Department. 2. Puerto Rican Deficit. With rapidly declining pro- duction in Puerto Rico, it was clear that at least part of the deficit would be re-allocated. Puerto Rico was about to embark on a five-year, $100 million program to revive its sugar industry, thus the Commonwealth opposed re-allocation of the total deficit. Since Puerto Rico is a domestic area, the rest of the domestic industry felt that it should receive the re-allocation. However, the real effect in 1971 of such a re-allocation would be to reduce the foreign share of the market. 3. Payment Limits. Limitations on Government payments to farmers of cotton, wheat, and feed grains had been a landmark feature of the Agriculture Act of 1970. Payment limitations might still be a live issue when Congress took up sugar legislation. The domestic sugar industry, in particular the Hawaiian sector where sugar payments aver- aged $391,889 per farm in 1969,4 was upset over the possibility of payment limits for sugar. From the domestic industry's viewpoint, this was expected to be the most important issue faced in 1971. Opponents of payment limits 4U.S., Congress, Senate, 92nd. Cong., lst sess., July 27, 1971. Congressional Record, Vol. 117, No. 118, p. 812277. 78 for sugar claimed that that commodity was special because of the tax on processed sugar. They claim that in 1971 no producer received more than $9,050 in payments above the excise tax on the sugar manufactured from his crop.5 How- ever, given the high inelasticity of demand for sugar, economists dismiss this claim since the tax is passed on.6 In addition, a study by Professor James Bonnen has shown that government payments to sugar cane producers are more concentrated than those to producers of any other commodity.7 In stunning contrast, Bonnen found that beet sugar payments are the least concentrated of any commodity program.8 4. South African Quota. A concerted effort was build- ing in Congress to eliminate the South African quota on the grounds of that country's policy of apartheid. Those 50.8., Congress, Senate, Committee on Finance, Sggar Act Amendments of 1911, Hearings, on H.R. 8866, 92nd. Cong., lst Sess., 1971, p. 44. 6Interviews with Roy Ballinger and Donald Horton. 7James T. Bonnen, "The Distribution of Benefits from Selected United States Farm Programs," in Rural Poverty in the United States, A Report by the President's National Advisory Commission on Rural Poverty, (Washington, D.C.: 1960), pp. 461-505. 8Ibid., p. 505. Bonnen calculated Gini concentra- tion ratios of .799 for governments payments to sugar cane producers in 1965, and .456 for sugar beet payments in 1965. In 1964, five per cent of sugar cane producers received 63.2 per cent of the government payments. In 1965, five per cent of sugar beet producers received 24.4 per cent. The relatively low concentration in sugar beet payments can partially be attributed to the beet sector's political strategy of spreading out quotas as much as possible. 79 favoring the quota claimed that South Africa's reliability as a supplier of sugar was an important factor in the sta- bility of supply for the United States market. 5. Expropriation. There was growing concern in Congress over the actual and potential seizure, expropriation, and nationalization of property owned by United States citizens and corporations in foreign countries. Incidents included the seizure of United States fishing boats by Ecuador-- which claimed a 200 mile territorial limit--and Peru's nationalization of Grace Co. property. In 1962 the Sugar Act was ammended to allow the President to suspend a coun- try's sugar quota if expropriation without compensation occurred. The provision had never been used, since the State Department preferred that such matters be handled through: 1) a country's judicial process, and 2) diploma- tic channels.9 However, concerned Congressmen felt that the Sugar Act was a suitable vehicle for sanctions--many also believed that participation in the United States market should not be opened to offending countries--and that the expropriation clause needed strengthening. 6. Price Guide. Although the Act requested the Secre- tary of Agriculture to base his consumption estimate on a 9See statement and questioning of Julian Katz, Deputy Assistant Secretary of State for International Resources and Food in, U.S., Congress, House, Committee on Agriculture, Hearings, 1971, pp. 752-764. 80 number of considerations, that estimate was in administrative practice based on a price guide, and the Sugar Act tied that price guide directly to a parity price computation for sugar.10 Some government economists and the industrial users felt that this strict reliance on parity was raising the price of sugar too rapidly.11 Increases since 1965 had 12 averaged 3.23 per cent annually. Users felt that the Wholesale Price Index was a more stable, and more realistic base to which to tie the price of sugar.13 7. Quarterly Quotas on Imports. Factoring annual quotas into quarters had allowed the Secretary of Agriculture to control the seasonal inflow of sugar, primarily to afford added price protection to the mainland cane sector, whose marketing of sugar is concentrated in the November through February period. The Refining industry had long objected to any interruptions in the flow of imported sugar; and the relative quiet of 1971 allowed them to push for removal of these_quotas. 8. Time Extension of the Act. The domestic industry favored an extension of at least four, and preferably six years, since they were pleased with the length of time of 0Interviews with Gary Seevers and Linwood Tipton. llIbid. 12The United States Sugar Program, p. 11. 3Interview with Linwood Tipton. 81 the 1965 Extension. An extension over that period would also mean not having to worry about payment limits for that amount of time if they could be avoided in 1971. The Administra- tion, particularly the State Department, favored a short extension of two or three years, since the world sugar situa- tion could change significantly in that period for three reasons: 1) Britain's possible entry into the Common Market, and thus the possibility of termination of the Commonwealth Sugar Agreement; 2) re-negotiation of the World Sugar Agree- ment--of which the United States is not a member--at the end of 1973; and 3) expiration of the current treaty with the Philippines. Industrial users also favored a short extension. Political Process (1): Pre-Hearings The Industry There was little internal conflict within the domes- tic industry as 1971 approached. Industry representatives met in November of l970--at the urging of House Committee on Agriculture Chairman Robert Poage--to begin formulating a single set of industry proposlas for the Sugar Act's Extension. Because of their intense fear of payment limita- tions, and possibly due to memories of the politically costly 1964-65 experience, they placed a high premium on unity.l4 4Interviews with industry representatives. 82 Industry interaction with the Administration was minor, a fact that irked a number of industry representa- 15 Thus, the industry developed virtually all of its tives. recommendations without Administration leadership or feed- back. Their major early recommendations included: 1) a six-year extension; 2) at an 11.2 million ton consumption estimate, an increase of 300,000 tons in the mainland cane quota, with the stipulation by the beet sector that the increase would not alter the traditional 73.3/26.7 per cent beet sugar/mainland cane share in domestic growth; 3) the mainland cane quota increase to come from a decrease in the Puerto Rico quota by 285,000 tons and elimination of the Virgin Islands quota; and 4) a 100,000 ton quota for new mainland cane areas (principally Texas, which had produced cane earlier in the century), to come from growth since 16 This would give the following 1970 in the foreign quota. domestic allocation at a consumption estimate of 11.2 million tons: Short Tons, Raw Value Beet Sugar 3,406,000 Mainland Cane 1,539,000 Hawaii 1,110,000 Puerto Rico 855,000 Total Domestic 6,900,000 152219; 16 U.S., Congress, House, Committee on Agriculture, Heariggs, 1971, pp. 37-42. 83 The cane refiners knew they had to offer the main- land cane area something to ameliorate the effect of the elimination of quarterly quotas.- They devised a "corridor mechanism" which would allow the price of sugar to fluctu- ate, but only three per cent above or below the target price for five consecutive market days. Then the Secretary could alter the consumption estimate, to adjust the price. The mainland cane sector readily agreed to this; as did the industrial users, in principal. As hearings began, the industry was still trying to deal with the payment limits and quarterly quota issues. In addition, Robert Poage, Chairman of the House Committee on Agriculture, and ranking minority member Page Belcher insisted that other industry sector representatives meet with the representatives of the industrial users to work out any differences, thus presenting a united front to Congress. The Committee leaders were determined to avoid a floor fight, and it was felt that a single industry- users set of proposals would help.17 The users were concerned with the guide price issue, and favored substituting the Wholesale Price Index for the parity index. The domestic industry wanted to cling to parity; and the two groups finally agreed on a 17Interviews with industry and government representa- tives. 84 simple average of the two as the basis for the guide price. They also agreed to a change which would make the guide price the sole determinant of the consumption estimate bringing the legislation into line with historical adminis- trative practice. In addition, the users favored: 1) elimination of quarterly quotas; 2) earlier determination of the consumption estimate; 3) earlier declarations of deficits; 4) a wider corridor (five per cent for ten days) to allow price fluctuations which would encourage a resur- gence of the waning sugar futures market; and 5) a three- year extension. The industry agreed with all the recommenda- tions but the three-year extension and the width and time of the corridor mechanism. The Congress Poage was determined to avoid the public distress which had marked the 1965 sugar legislation experience.18 He 1) insisted on an early unified industry position; 2) issued an Open invitation to testify to anyone interested in the legislation; 3) refused to meet privately with foreign lobbyists; 4) rotated the Chair among all Committee members during the Hearings; 5) began the hearings early in the Congressional session and; 6) sent a letter to foreign 18Interviews with Hyde Murray, Robert Shields, John Bagwell, and Irving Hoff. 85 lobbyists requesting them to direct their testimony to five points, which he said the Committee would use as its criteria in allocating foreign quotas. These included: 1) Friendli- ness of government to the United States; 2) Dependability as a source of sugar supply; 3) Reciprocal trade balance; 4) Need of the country for a premium market; and 5) Extent to which the premium is shared by processors, farmers, and workers.19 Poage and Belcher met occasionally with industry representatives in late 1970 and early 1971, to discuss the upcoming legislation. They were generally agreeable to the industry proposals.20 Belcher, however, insisted that pay- ment limitations would not be a problem in Congress, and that the industry was foolish to worry about them.21 Belcher's main role was that of intermediary between the Committee--and the industry--and the Administration. He assured the industry that the Administration would oppose any attempts to implement payment limits in sugar.22 19U.S., Congress, House, Committee on Agriculture, Hearings, 1971, pp. 287-290. 20Interviews with industry and government representa- tives. 21Ibid. 22Ibid. 86 The Administration The Administration formed an inter-agency sugar study group in late 1970. As usual, Agriculture took a posi- tion similar to the industry's; whereas the State Department advocated minimal change, and a two-year extension. Just as the conflict in the industry was not strong in 1971, neither was the split between the Agriculture and State Departments. The main concern of the State Department was limiting as much as possible the effective decline in the foreign share of the market. The group never really developed a formal proposal, and ceased to function as a group in January 1971. In meetings with industry representatives, Adminis- tration officials gave no comment either way on the 23 The only suggestion made was a industry's proposals. plan to circumvent payment limitations. This seemed odd to Congressional observers who were aware of the understand- ing between Belcher and the Administration.24 In spite of Belcher's urging otherwise, the industry adopted a modifica- tion of the plan as part of its recommendations. It involved a simultaneous reduction in both payments and the excise tax--although the tax on imported sugar would remain at the 23Interviews with Robert Shields, Horace Godfrey, Irving Hoff, and John Bagwell. 24Interviews with industry and government representa- tives. 87 former level. On the surface, the effect would be to limit payments to just over $60,000 per farm, but its impact--as intended--would essentially be neutral, since both the tax and payment were reduced. After its study group faded away, the Administra- tion's interest in sugar legislation waned until March.25 Hearings had begun, the industry had developed proposals, yet the Administration was silent. With Congressmen, espe- cially Belcher, applying pressure, the Administration turned its attention to sugar legislation. At this point the Administration's internal proceedings were characterized by general contentment with the Sugar Act since 1965, and thus no radical changes were considered.26 The Administration position, not fully certain until the night before it was to testify,27 was based on general acceptance of the industry proposals with the fol- lowing modifications: 1) a three-year extension; 2) a formula for market growth which would benefit foreign suppliers for the first 530,000 tons of growth--to compen- sate foreign countries for their loss of the Puerto Rican deficit, and the quota for new mainland cane areas; and 25Interviews with government representatives. 26Interviews with Executive Branch staff. 7Interviews with industry and government representa- tives. 88 3) Opposition to the industry's tax-payment plan.28 This last decision was made by President Nixon--presumably forced to his attention by opponents of the scheme, led by Belcher, and including the State and Treasury Departments. Opponents felt, first, that no payment limits with no change in the tax-payment scheme was preferable to the industry plan; and second, the dual tax might be in violation of the GATT (General Agreement on Tariffs and Trade), and thus compli- cate the country's international relations. Political Process (2): The House Poage began hearings in early February with a day of descriptive and technical testimony from the Adminis- tration, which at that time declined to recommend any proposals for the Act's extension. The purpose of the 15 other days of the hearings, which ran from the beginning of March through May 6, was also to develOp legislation, rather than to hear testimony on a specific bill. Some members of the Committee seemed content to let the bill's main domestic provisions be determined by industry-industrial users compromise, with the Committee 29 settling areas of disagreement. The primary points of 28U.S., Congress, House, Committee on Agriculture, Hearingg, 1971, pp. 745-758. 29Ibid, p. 76. 89 disagreement were the time extension of the Act and the width and time of the corridor mechanism. Foreign lobbyists--one of whom was none other than Harold Cooley--generally based their testimony on Poage's five criteria. For the first time in sugar legislation history, testimony was heard from groups representing domestic sugar workers and small, marginal farmers. For the former they urged an updating of the worker benefits section of the Act to require additional labor practices and standards, as well as increased wages and fringe benefits. They asked for increased payments for the marginal farmer. A spokesman representing a Washington, D.C. con— sumer group testified against the Sugar Act and was unique in receiving hostile treatment from the committee. A number of witnesses testified in favor of a stronger exprOpriation clause. The Committee was sympathetic to the confectionary industry's request for import quotas on confectionaries. The belief here was that the higher than world cost of sugar in the United States put American confectioners at an absolute disadvantage in competing with imports. The Administration closed the hearings with its recommendations. Their opposition to the tax-payment plan 90 came as a complete surprise to the industry, which had devel- oped it at the Administration's suggestion.3o The bill reported out of the Committee incorporated most of the industry-users recommendations. The life of the legislation was set at three years--at the insistance 31 The of Findley, the Act's leading critic, and Poage. corridor device was compromised at four per cent for seven days. 100,000 tons of the market growth increase in the beet sugar quota was to be reserved for new areas. The Puerto Rico quota was cut by 285,000 tons for only the first two years of the Extension; the third year decline would be 140,000 tons. The-tax-payment plan was not included; nor were payment limitations. The bill had no new provisions relating to sugar workers. Ammendments along those lines had been offered in Executive Session by Spark Matsunaga of Hawaii, but they 32 were defeated. The Agriculture Committee favored import quotas on confectionaries, but they were not included in the bill due to a jurisdictional request by Ways and Means Committee Chairman Wilbur Mills.33 30Interviews with industry representatives. 31Interviews with government representatives. 321bid. 33U.S., Congress, House, Committee on Agriculture, Report on Sugar Act Amendments of 1971, H. Rept. 92-245, n Cong., lst sess., 1971, p. 8. 91 The expropriation section was strengthened to allow the President to fine a country via a tax on the premium (up to $20 per ton), as well as suspending its quota. The changes made in the allocation of foreign quotas, deficits, and growth were relatively minor (See Table 6). Poage appointed a sub-committee--headed by Thomas Abernathy-- to allocate the quotas, and it was clear that it based its allocations primarily on the reliability of supply, rather Table 6. House, Senate, and Conference Committee allocations of foreign sugar quotas, 1971 (Short tons, raw value). Conference Country House Billa Senate Billb Substitute Mexico 537,545 590,894 561,581 Dominican Republic 525,737 659,874 634,874 Brazil 525,737 577,905 547,905 Peru 418,932 391,839 391,839 West Indies 192,251 204,520 204,520 Ecuador 80,774 79,084 80,774 French West Indies 0 63,888 0 Argentina 76,050 67,062 75,050 Costa Rica 65,185 71,110 68,610 Nicaragua 65,185 64,217 64,217 Colombia 73,688 61,047 67,363 Guatemala 55,265 59,835 58,350 Panama 41,567 40,406 41,557 El Salvador 40,151 43,964 42,693 Haiti 30,704 30,305 30,704 Venezuela 36,845 61,025 61,026 British Honduras 33,537 14,874 33,537 Bolivia 17,005 6,193 6,193 Honduras 17,005 6,494 11,760 Bahamas 33,537 10,000 27,000 Paraguay 15,116 0 6,193 Western Hemisphere 2.881‘866 1.121;}; 3,016,751 Iiajl 92 Table 6.--Continued. b Conference Country House Billa Senate Bill Substitute Australia 205,025 196,162 203,785 Republic of China 85,844 81,734 84,910 India 82,494 77,973 81,514 South Africa 60,300 57,745 57,745 Fiji Islands 44,806 43,034 44,719 Thailand 18,844 14,152 18,681 Mauritius 30,150 17,761 30,150 Malagasy Republic 15,075 9,223 12,149 Swaziland 30,150 7,084 10,150 Malawi 0 0 0 Uganda 15,075 0 15,075 Eastern HemiSphere 588,763 504,858 578,878 Philippines 1,314,020 1,300,264 1,314,020 Ireland 5,351 5,351 5,351 Total 4,790,000 4,915,000 4,915,000 aFor 1973 and subsequent years the quota for Panama would be increased to 62,947 tons and a quota would be established for Malawi of 15,000 tons and other quotas reduced proportionately. This allocation reflects the allocation and proration of 500,000 tons of domestic defi- cits to foreign countries. bThis allocation reflects the allocation and prora- tion of 625,000 tons of domestic deficits to foreign countries. Source: U.S., Congress, House, House-Senate Conference Committee, Sugar Act Ammendments of 1971, 9927 ference Report, House Report No. 92-527, 92d. Cong., lst sess., September 29, 1971. 93 than on the five criteria.34 The Committee did not adopt the Administration proposal for preference in growth to foreign countries; and the OAS preference in market growth of the Cuban Reserve was eliminated. The Cuban Reserve was reduced to 23.74 per cent. As usual, the bill came to the House floor on a closed rule. Critics believed that the bill should contain payment limitations. Bitter opposition was focused on the continued quota for South Africa, but attempts to open the bill to ammendments failed, and the bill passed the House intact. As sugar legislation headed for the Senate, it was surrounded by little controversy. However, four issues, two of which were considered crucial by Congressional liberals and one by the State Department, remained to be dealt with in the Upper House. Issues (2): 1. South African Quota. As the bill headed for the Senate, the South African quota had become the major issue of 1971. Proponents of the quota would not yield on the issue. Domestic industry opposition to its removal was 34Representative Wiley Mayne, in his dissent to the Committee Report, stated that the five criteria "were largely ignored by the Subcommittee." U.S., Congress, House, Committee on Agriculture, Report on Sugar Act Amendments of 1971, p. 48. 94 strong; the industry and their supporters in Congress felt that any attempt to modify the bill could lead to danger for other features of the Act.35 Since the Senate does not have a closed rule, it was clear that a showdown--forced by liberals--on the South African quota was imminent. 2. Tax-Payment Plan. In focusing their attention on the South African issue, most liberals were no longer greatly concerned over the matter of payment limitations. Thus, the heat on the domestic industry over that issue had been pretty much removed. The industry had favored the tax-payment plan as a second-best alternative--to no change and no payment limits. Thus they were pleased with the Administration's opposition, and its absence from the House bill. The Hawaiian sector, however, wanted to remove payment limitations as a potential issue. Given this and the possibility of attempts to limit payments on the Senate floor, the industry still backed the plan in its Senate testimony. 3. Foreign Preference in Market Growth. The State Department was actively campaigning for this Administra- tion prOposal because of the loss to foreign suppliers from the re-allocation of the Puerto Rico deficit and the new mainland cane area quota. Preference was strongly 35One industry lobbyist, in an interview, expressed his opposition strongly: ”If they started tearing the bill up here, you never know where they would end." 95 Opposed by the domestic industry. Since this proposal was part of the official Administration recommendations, the Agriculture Department had to give it tacit approval. But it is likely that Agriculture privately opposed it, given the strong domestic industry Opposition. 4. Import Quotas on Confectionaries. The mood of the if Congress was swaying from free trade to protectionism, and thus there was strong support for these restrictions in both Houses--Wilbur Mills, not withstanding. The Adminis- tration was strongly opposed.36 Political Process (3): The Senate The Senate Finance Committee hearings were rela- tively uneventful, primarily because that Committee was generally in agreement with the House bill. Cooley, representing Liberia and Thailand, was upset with the House Agriculture Committee's treatment of those countries, and urged the Senate Committee to rewrite the Sugar Bill for the first time in history. Some Committee members, particularly Fred Harris, strongly supported new provisions for worker benefits. The industry and users offered repeats of their House testimonies. But the Administration, especially the 36U.S., Congress, House, Committee on Agriculture, Hearings, 1971, p. 758. 96 State Department, came on much stronger than they had in the House. They urged adoption of the preferential growth formula for foreign countries, with the State Department claiming that its absence from the final bill would make the 1971 Extension less desirable than a simple extension of the 1965 Act.37 They also Opposed the decline in the Cuban Reserve . The Administration favored a continuation of South Africa's quota; and said they could live with the House's expropriation clause. They felt this support might stave off a stronger measure in the Senate bill. The Committee's bill closely paralelled the House bill, and the domestic provisions were almost identical, except for decreasing Puerto Rico's quota by 285,000 tons for all three years. Long substituted a formula giving preference to Western Hemisphere countries and based on past performance, for the House's five criteria, (See Table 6). But except for retaining the Cuban Reserve at 50 per cent, the changes made were minor. 37U.S., Congress, Senate, Committee on Finance, Sugar Act Amendments of 1971, Hearingg, on H.R. 8866, 92nd Cong., lst sess., 1971, p. 54. The State Department was under pressure from all sides because of their foreign clientele. In addition to the growth formula conflict, they were also in the forefront on the South African and expropriation battles. 97 In its report, the Committee stated as one of the bill's purposes "an improvement in the effectiveness of the anticonfiscation provision," and thus the expropriation clause was further strengthened to include a hearing process for United States citizens who claimed they had been damaged, and requiring, rather than permitting, the President to act--app1ying either the fine or suspension of the country's quota, or both.38 The bill included quotas on confectionary imports. As expected, the Senate floor was the setting for a bitter battle over the South African quota. The ammendment to delete the quota from the bill was defeated by only two votes. In hOpes of gaining the crucial swing votes from Senators with strong ties to the domestic industry, oppon- ents of the quota offered another ammendment transferring the South African quota to the domestic allocation. The domestic industry, however, strongly opposed it. They feared "unnecessary" changes, and the Northeast refiners would lose the volume of sugar from the South African quota. The ammendment was defeated. Ammendments were offered to require increased benefits and improved living conditions for sugar workers, but they were easily defeated. An ammendment, offered by 38U.S., Congress, Senate, Committee on Finance, Sugar Act Amendments of 1971, S. Rept. 92-302, 92nd Cong., ISt sess., 1971, p. 1. 98 Ellender, was accepted which changed the corridor mechanism back to the industry's three per cent for five days. Ellender's maneuver irked the users and insustry representa- tives from sectors other than the mainland cane area, par- ticularly the refiners.39 Political Process (4): House-Senate‘CofiIerence The Conference Committee, whose report was passed by both Houses, accepted the key foreign aspects of the House bill, including the decline in the Cuban Reserve, although it generally compromised on the allocation of quotas. One effect was to increase the reliance on the "Big Four" Western Hemisphere countries of Mexico, the Dominican Republic, Brazil, and Peru (See Table 6). The Senate version of the corridor mechanism would apply only for the four months critical to the harvesting of mainland cane. Confectionary quotas were included. The House version of the expropriation clause was accepted. Issues (3): A Summary 1. Increased Quota for the Mainland Cane Area. That area was given a 300,000 ton boost to come from a decline in the Puerto Rican quota, and elimination of the Virgin Islands quota. 39Interviews with industry representatives. 99 2. Puerto Rican Deficit. 285,000 tons of the Puerto Rican quota was permanently reassigned to the mainland cane area. 3. Foreign Preference in Market Growth. This State Department proposal to compensate foreign suppliers for the loss of the Puerto Rican deficit was not included in the legislation. OAS preference in the growth of the Cuban Reserve was eliminated. 4. South African Quota. Proponents were able to over- come opposition, particularly strong in the Senate,-and thus South Africa would continue to supply sugar to the United States. At a consumption estimate of 11.2 million tons, its quota would be 57,745 tons. 5. Payment Limits. These were not included in the legislation, nor was the domestic industry's tax-payment plan--which had been designed and offered to neutralize the effects of payment limitations. 6. Expropriation. Growing concern in Congress led to strengthening of the expropriation clause in the Sugar Act. The 1971 Extension allows the President to suspend a coun- try's quota, or fine the violating nation by taxing the premium up to $20 per ton, or both. 7. Price Guide. This became the sole determinant of the Consumption Estimate, and its basis was changed from a parity concept to an average of one measure of parity and the Wholesale Price Index. 100 8. Quarterly Quotas on Imports. These were eliminated. 9. Time Extension of the Act. The Sugar Act was extended for three years, through 1971. 10. Import Quotas on Confectionaries. These were pro- vided for, over the objections of the Administration. CHAPTER VII 1965 AND 1971: A SUMMARY AND COMPARISON Four considerations are used in the descriptive comparison of the 1965 and 1971 sugar experiences: 1) Economic conditions in both the domestic industry and world market; 2) The political processes involved; 3) The major issues involved, and how they were treated; and 4) The legislative outcomes. Economic Conditions There was great contrast in both the 1965 and 1971 settings and the two-year preceding periods. The world shortage of 1963-64 caused world sugar prices to skyrocket above the United States price for the first time since 1957. Encouraged by the Department of Agriculture, domes- tic production rapidly expanded. By late 1964, the world price had nosediVed to 2.75 cents per pound, and the domes- tic industry, whose production controls had been removed in the early 1960's in response to the suSpension of the Cuban quota, was holding large unmarketable stocks. By 1970, the world sugar situation had returned to normal. World price had recovered from lows of under three 101 102 cents per pound and was back over five cents per pound by mid-1970. The 1965 Extension had returned the domestic industry to relative balance, but there were two significant problems in 1971 that had to be dealt with: l) the main- land cane area was under acreage restrictions, as it had been since late 1964; and 2) Puerto Rico's deficit had A grown to over 800,000 tons in 1970. In addition, domestic sugar beet production, although meeting its quota in 1970, had failed to do so in two of the years since 1965. The highly successful expansion of United States beet sugar production clearly had been approaching its limit, given the current state of technology. Political Processes The Industry In 1964-65, the domestic industry was beset with internal conflict and turmoil, primarily because of the beet sector vs. cane refiners battle over the domestic/ foreign share of the market. The industry entered 1971 in relative harmony. In addition that year, the industrial users effectively entered the decision process--they met with the domestic industry to formulate joint proposals for the Act's extension for the first time in the Sugar Act's history. In 1965, the industrial users did not par- ticipate in intimate industry deliberations. 103 The Administration In 1963 through 1965, the Administration took an active, policy-making role in sugar legislation. An inter- agency staff committee formulated technical recommendations, most of which were approved by the President, and which after some modification served as the basis for an industry- backed Administration bill. However, the Administration, it should be remembered, delayed transmission of the bill to Congress to help insure passage of its Omnibus Farm Bill. As Congress altered the foreign provisions of the Adminis- tration's bill, the Administration at first vigorously attempted to restore them, but by the time sugar legisla- tion came to a House-Senate Conference, active Administration support for its original proposals was minimal. In 1965, there was conflict between the Departments of State and Agriculture--a conflict which mirrored that of the economic interests. Agriculture supported the beet sugar and mainland cane sectors, while State's views were a reflection of the concerns of foreign countries and the cane refiners. The State-Agriculture conflict was rela- tively minor in 1971. In 1971, the Administration chose to play basically a defensive role in the formulation of sugar legislation. Although they did form an inter-agency sugar task force, it offered no proposals, and the Administration did not send a sugar bill to Congress. In addition, they waited 104 until the last day of House hearings to present their recom- mendations.. These were not finalized until the night before their testimony, and much of the position consisted of approval of the industry-users proposals. Industry- Administration interaction was minor. The Congress The 1965 CongresSional process in sugar legislation was met with heavy criticism. Committee on Agriculture Chairman Harold Cooley ran the four days of House hearings with an iron hand; met privately with foreign lobbists; allowed domestic lobbyists to attend Executive sessions of the Committee; substituted a Committee bill for the Adminis- tration's, altering the foreign aspects including the allocation of foreign quotas; and gave no criteria for the Committee's allocation of foreign quotas until public criticism forced him to do so, when he responded with a set of nine ex post criteria designed to justify the Committee's quota allocation. The Senate Finance Committee substituted a bill of its own--which was very similar to the Administration's-- for the House version. The House-Senate Conference com- promise, however, tended to reflect the House bill. Although foreign lobbyists testified again in 1971, sugar legislation found itself in the relative obscurity to which it had been accustomed for so long. House Agriculture 105 Chairman Robert Poage carefully avoided the actions which had focused intense criticism on his predecessor and there- fore on the political decision process of sugar policy. The changes made by the Senate in the House bill were not major, and the heated debate in that chamber in 1971 was not over the Act or its process, but over one issue--the South African quota. In 1971, the House-Senate Conference report was much more of a compromise than that of 1965. Issues In 1965, the heavy criticism focused on sugar's political process--primarily on the lobbying and foreign quota aspects--made it and the Sugar Act itself major issues for the first time since the Act's inception in 1934. That distress was clearly not evident in 1971; and in 1971, neither the Act nor its decision process were significant issues. The need for increased quotas to allow domestic producers to market their surplus, made the domestic/ foreign division Of the market a significant issue in 1965.1 The inter-agency task force's recommendations of an immediate increase in the domestic quota, with foreign preferences in market growth until the normal balance was regained, was the compromise which enabled the domestic industry to end its intense conflict. This compromise 106 required a long extension of the Act, since the industry felt it would take until the end of 1971 to achieve the desired balance in market shares. How to deal with future world shortages was an important concern in 1965, especially given the domestic industry's abhorence of maintaining increased inventories. /‘ The result was, in effect, to require foreign countries supplying sugar to the United States to maintain 15 per cent of their basic quota in stockpiles. This feature was ‘4 strongly resisted by the State Department. The allocation of foreign quotas and deficits, treatment of the Cuban Reserve and market growth, and the import fee were impor- tant issues in 1965; but they attracted far less attention as issues in 1971. The issue of the South Africa quota--which had also been raised in Executive Branch discussions in 1965--was the most important issue in the 1971 sugar experience. It overshadowed all of the others--including payment limita- tions, about which the domestic industry was living in dread and apprehension. As a result of this fear, and to overcome the affects of payment limits, they developed their tax-payment scheme. How large an increased quota the mainland cane sector would receive, and where it would come from, were important, though not highly-charged 1971 issues. The massive Puerto Rican deficit provided a relatively easy 107 solution to these questions, although the transferring of 285,000 tons of it would have an adverse effect on actual foreign participation in the market. For this reason, the State Department strongly advocated preference in market growth for foreign countries. From Congress's viewpoint, the expropriation issue had become important in 1971. Issues dealing with more technical and administra- tive aspects of the Sugar Act were of relatively more importance in 1971 than 1965. These included: 1) the termination of quarterly quotas; 2) the corridor mechanism; 3) the price guide; and 4) earlier determination dates by the Secretary of Agriculture. Finally, increased benefits and improved conditions for sugar workers was an issue championed by Congressional liberals, particularly in the Senate, in 1971. Legislative Outcome Table 7 shows the quotas for domestic producing areas for the years preceding and following the 1965 and 1971 Extensions. Table 8 does the same for foreign quotas. In its allocation of foreign quotas and the removal of the import fee and global quota, the 1965 Act set the pattern for the 1971 bill. The two Extensions were very similar in the direction which they led United States sugar policy, i.e. toward a more effective cartel. In general, 108 Table 7. Sugar quotas for domestic areas: 1965, 1966, 1971, 1972 (Short tons, raw value). Area 1965a 1966a 1971b 1972b Beet Sugar 2,650,000 3,025,000 3,406,333 3,406,000 Mainland Cane 895,000 1,100,000 1,238,667 1,539,000 Hawaii 1,100,000 1,100,000 1,110,000 1,110,000 Puerto Rico 1,140,000 1,140,000 1,140,000 885,000 Virgin Islands 15,000 15,000 15,000 - Total 5,810,000 6,399,000 6,910,000 6,910,000 a Estimate. b Estimate. Source: Allocation based on 9.7 million ton Consumption Allocation based on 11.2 million ton Consumption U.S., Congress, House, Committee on Agriculture, Sugar Act Ammendments of 1965, H. Rept. 1046, 89th Cong.,‘lst sess., 1965, p. 19. U.S., Congress, House, Committee on Agriculture, Report on Sugar Act Ammendments of 1971, p. 2. {-1. 109 evib I I I >Osememe nee.e aae.e eme.e I we>eeoe mow.na mma.n I I mmespcom www.mm ooo.oe I I mmEmsmm mmo.em eeo.mm eem.e~ oom.m~ eeewm mmm.em oom.me www.me aeo.m wweseaom eweeeem www.5e ama.me eom.ee moa.o~ eoem>ewm em ome.~m ema.mm ee~.oe moe.me mewEwewsw mee.ee eam.om mmo.em mem.m wewemwew> mea.oe mme.ee ooo.ae eae.ae weewewwez ame.ee mae.ee ooo.me mom.ee wEweme ewe.ee mmm.me ham.om eme.em weQEseoo mee.nm mme.ee emm.ee www.me wwem wewoo eee.em emm.ee omm.mm eem.ee meeecweee mow.am ~ma.em oem.ae eem.oe eoeweom eme.emm mee.mom emm.eee mee.mee wwewee ewwz oom.eme Nom.~me mem.emm mam.ma~ sewe emm.eoe mee.eoe mee.mee me~.ae~ eeewem mem.-m www.mee eam.mme eem.eee ooexwz new.moe oem.mme ema.~oe mmm.aee weeesewm ewoeeHEoe oea.eoe.e mme.mam.e mea.mom.e ee~.eee.e wweeeeeeeee ememe weeme eweae wmeme eeeesoo .AOSHO> Ewe .mcou Deonmv meme tam .Hema .omma .mmma "mcoeumeoem tam .mueoeMOp .mmuosw emmsm :meOeom .m OHQOB 110 .tha ..nOh em .e .bmm “meme ..ewe .me .e .emm lemme ..ewe .ee .e .mbe “meme ..cmb the .m .eme mueomOm emmsm "Ooesom .OuOEHumm aoeumfismcoo sou COeHHHE o.NH so UOOOQ GOeumooafiap .OumEeumm cOeumESOGOU sou GOeHHHE m.HH co UOmOQ coHuOOOHHOO .OuOEeumm :OHuQEsmcoo cou coeHHeE mhm.oe co UOmmn soeumooHaen . OuMEflflmm GOHHQEDmCOU GOH GOHHHHE m . m GO UOmMQ GOHHOOOHHANM mao.aam.m new.eem.m mem.mmm.e moe.mmm.m eeeweoe eweoe I I I mem.e ewxese I I I eem.~ eoecswm I mme.me eee.mm mee.~m wweeee ewwz ewcwee I I I moe.e woewee I I I oea.e aseeewm emm.m emm.m emm.m ham.~ newewee aem.~e Nee.a nem.e eem.e weeesewm ewwewewz mam.ma I I I OOsOmD www.me eae.me me~.ee I eeweewse emo.em mos.» eme.e mee.a unweeewzm emo.em eme.me me~.ee eoa.me weeeeeswz eme.ee eaa.ae mo~.ee ema.me weewewe eflee amm.am eem.oe Na~.mm www.moe wweeee nesom ee~.ae meo.mm moe.me www.moe weeee mme.ee mme.mm me~.me eae.~e weeeu eo weeeaewe doweaav ~31~))J 511-15 21) 1364 111 the 1971 Extension represents a simple refinement of the 1965 Act, and not a departure from it. Chapter VIII analyzes why this basic similarity in legislation occurred, as well as why there were such great contrasts in: l) the political processes; 2) Congressional and public reaction to the Sugar Act; and 3) the major issues involved in each experience surrounding sugar legislation. CHAPTER VIII 1965 AND 1971: AN ANALYSIS fl This chapter focuses on why things happened dif- ferently--or were the same--in the 1965 and 1971 sugar experiences. Why was there public distress over the Sugar I“ Act and its political process in 1965, and practically none six years later? What effect did public criticism (or the lack of it) have on the legislative outcome? Why was the 1971 experience, especially the legislative process, so smooth, and that of 1965 so chaotic? Four reasons are offered: 1) Economic conditions; 2) The political processes involved; 3) Foreign policy considerations; and 4) The political environment in the United States. In addition to answering the above questions, all four of these factors help to determine and shape the relevant issues in sugar policy. Economic Conditions Along with shaping the issues in sugar policy, the economic conditions of sugar, in both the two-year period preceding each bill and in the year of the bill, shaped the behavior of the domestic industry. 112 113 1963 and 1964 saw tremendous fluctuations in both the supply and price of sugar, with a huge surplus--both domestically and world-wide--and depressed world prices at the time sugar legislation was being considered. The marketing of the massive domestic surplus, without produc- tion cut-backs, was the prime legislative need of the domestic producing sectors; but Opposition from the cane refiners, who needed major imports to maintain volume, set-off the bitter intra-industry conflict, which blocked sugar legislation for a year. Thus, the key issues were over an immediate increase in continental production, and the domestic/foreign share of the market. Coming off a period of world shortages, the 1965 legislation was formulated from the perspective of insuring adequate United States supplies in future shortages. Thus the elimination of the global quota and import recapture fee--they were made political scapegoats for the economic conditions of l963-64--became central features of the 1965 legislation. In addition, it was from this viewpoint that the provision to require foreign suppliers to maintain larger inventories was included. The market for sugar was relatively stable as 1971 approached. The mainland cane area was still under produc- tion controls, and was anxious to increase its quota. It was able to do so for three reasons. First, the relative harmony within the industry, a result of no great economic 114 problems and the industry's contentment with the 1965 Extension--plus the fact that they wanted to avoid a repeat of the brawl that occurred in 1965--enabled good communica- tion and interaction among the industry sub-sector associations. The COOperation within the industry was also a result of the leveling off of United States beet sugar production. The beet sector did not have to utilize its political muscle in any great way, although it did limit the mainland cane expansion to 300,000 tons, since it was satisfied with the increase it would receive from normal market growth. Second, the mainland cane sector's new lobbyist, Horace Godfrey, had strong political ties to Congress--along with a number of political debts--from his recent tenure as Director of A.S.C.S. Godfrey provided the mainland cane sector with political influence they had 1 This is evident lacked, even with Russell Long, in 1965. in the relatively large increase in that sector's quota in 1971. He also supplied the influence to obtain the corridor mechanism as a condition for.the Refiners' proposal to eliminate quarterly quotas. The relative economic balance and intra-industry harmony allowed the industry to concern itself with techni- cal refinements of sugar policy such as the end of quarterly quotas and the corridor mechanism. 1Interviews with Robert Shields and Horace Godfrey. 115 Since world supply was once again in its normal surplus state in 1971, minimal attention was paid to deter- mining whether the Act could adequately deal with future world shortages, something that the users, in particular, were concerned with. The economic situation in 1971 also brought forth the key issues of what to do with the Puerto Rican deficit, and expansion of mainland cane production into new areas. Political Processes In substance, the political processes were not all that different--Congress, especially, is slow to reform itself. In 1965, the Sugar Act itself caused heavy public concern and was made an issue primarily because of the attention focused on it by foreign lobbying.' But lobbying was present again in 1971. The difference, i.e. the reason for the absence of public criticism in 197l,was Robert Poage. Harold Cooley enjoyed sugar. Although charges of improprieties were made against him in 1965, none was pub- licly proven. According to those intimate with sugar's political decision process, Cooley played the role he did primarily for the power.2 His iron-handed hold over sugar 2Interviews with industry and government representa- tives. 116 legislation--in the form of complete Committee control, delaying the hearings, and personal involvement with foreign lobbyists and the personal allocation of foreign quotas--was seen as an expression of his desire for power. Poage did not share Cooley's fascination with sugar legislation, and was hardfast in his desire to avoid the criticism.which had helped to end Cooley's political career. His role in sugar legislation, described above in Chapter VI, prompted the following reaction from chief Congressional sugar critic Paul Findley, who had publicly lambasted Cooley's role in 1965. _I wish to compliment Chairman Poage on the policy changes he has initiated in regard to committee con- sideration of sugar legislation. . . . These measures have built public confidence in the legislative process and have set a good prudent standard for others of us on the committee. At Poage's insistence, the domestic industry met early to formulate a unified position--the intra-industry conflict in 1965 helped fuel the public criticism that year. The hearings were held early in the Congressional session and their sixteen days and the number of witnesses, made them more extensive than any over which Cooley had presided. Poage rotated the Chair during the hearings--even to Findley, who had been silenced by Cooley six years earlier. 3U.S., Congress, House, Committee on Agriculture, Hearings, 1971, p. 728. 117 All of this clearly miffed Cooley when he returned as a foreign lobbyist in 1971. He was annoyed that the Chairman did not afford him special attention, and called Poage and ranking minority member Page Belcher "hard headed."4 The contrast in the two Chairmen is also a reason for the contrast in the 1965 and 1971 House-Senate Con- ference compromises. Cooley was fighting to save face in the 1965 Conference; as a result, the Conference report tended to reflect the House bill. Poage, without public criticism on his back, was much more willing to compromise in 197l--there was of course less to compromise over in 197l--and the 1971 Conference Report reflects this. The 1965 and 1971 experience clearly establish that the House Agriculture Committee, together with the domestic industry, is the major force in shaping sugar legislation. The 1965 House Committee bill withstood the onslaughts of heavy, at least at first, Senate and Administration opposi- tion, and public outrage. In 1971, the House Agriculture Committee bill sailed through both Houses relatively unscathed. A second reason for the smoothness in 1971 was the changed composition of the Senate Finance Committee. Gone 4U.S., Congress, Senate, Committee on Finance, Hearings, 1971, p. 460. 118 from the Senate were John Williams and Paul Douglas, who had helped lead the battle there in 1965; and in 1971, William Fulbright chose not to do battle over sugar, attend- ing none of the Committee's sessions on sugar. The Administration's changed role is also important in sorting out the differences in the 1965 and 1971 sugar experiences. The Johnson Administration had a history of active participation in agricultural legislation, the Nixon Administration did not. The contrast was evident in their approach to general farm legislation, and it clearly extended to sugar. In both Administrations, however, the views of the State and Agriculture Departments on sugar legislation strongly reflected the positions of their respective clientele groups, and hence, conflicted. Just as the industry conflict was not as strong in 1971 as 1965, neither was the Agriculture-State conflict as strong. The activist role played in 1965--in part due to the complete breakdown of sugar's traditional policy formu- lation process--combined with the State Department's commitments of future quota increases to countries with good performance records in 1963-64, forced the issue of 1963-64 performance as the criteriOn for foreign quotas. This commitment by State was at odds with the Agriculture Department's commitments of an increased domestic allocation when it urged domestic producers to expand production in 1963. The activist role played by the administration 119 helped to ease those conflicting commitments which were finally resolved in the important compromise which gave an immediate quota increase to the beet sugar sector and all growth in the market up to 10.4 million tons to foreign suppliers. The Administration shaped many other domestic aspects of the legislation in 1965. In not offering its own legislation, delaying intra- Administration consideration of sugar policy, and with- holding its testimony until the final day of House hearings, the Nixon Administration restricted itself primarily to a defensive role.5 The contrast between Administrations is more than a matter of style. The.Johnson Administration, at least in the beginning, desired more than minor change in United States sugar policy. Although by the time sugar legisla- tion had come to Conference, that Administration was no longer willing to use its political clout to support its, and the Senate's bill. The Nixon Administration position, through most of the 1971 experience, was one of general contentment with 6 the United States sugar program since 1965. Part of this 5Assistant Secretary of Agriculture Clarence Palmby did not know the exact Administration position on one issue, until only a half hour before his testimony as an Adminis- tration spokesman, according to interviews with industry representatives. 6Interviews with Tom Murphy and Gary Seevers. 120 contentment, of course, can be attributed to the success-- from the cartel's point of view--of the 1965 Extension. This is a major reason why the 1965 and 1971 Extensions were so similar. The 1971 Extension is basically a refine- ment of the 1965 legislation. The final consideration in how the political proces- ses shaped the 1965 and 1971 experience is the changing role played by the industrial users. They were of little importance in 1965. That year they tended to be neither well organized nor particularly interested in the Sugar Act.7 Their prOposals were formulated by various sugar- user lobbyists, who had little knowledge of, or concern for, sugar as a commodity. They did not even meet with representatives of the domestic industry in 1965. In 1971, the users for the first time became active members of the sugar cartel. Executives of the major sugar-using firms began to feel that the Sugar Act was a strategic piece of legislation, expecially given their belief that world sugar shortages were a distinct possibility in the 1970's.8 As a result they formed a corporate Vice-Presidential level committee to formulate recommendations for the Act's extension. Poage and Belcher urged the domestic industry 7Interviews with Linwood Tipton, Robert Shields, and John Bagwell. 8Interview with Linwood Tipton. 121 representatives to meet with the users, which gave the user recommendations added weight. The users were successful in pushing through compromises on the guide price and the corridor mechanism, and earlier deficit declaration and consumption estimate dates by the Secretary of Agriculture. It is possible, h0wever, that the users' new-found influ- ence may not be as great as appears. The domestic indus- try's willingness to compromise in 1971 might have been a result of the lack of major economic problems; and of the industry's fear over payment limitations. For these reasons the industry wanted to present a united front to Congress, in hope of avoiding a floor fight of any kind. Foreign Policy Foreign policy considerations are vital in sugar legislation. In 1965, the United States policy of foreign aid and general policies toward less developed countries, in particular Latin America, were of major importance in shaping the Act's extension. Although the Administration's desire to limit developed countries' participation in market growth was not included, the Extension did give preference in the growth of the Cuban Reserve to OAS countries. As noted earlier, the State Department's 1963-64 commitments forced the issue of 1963-64 performance as the criterion for foreign quotas. 122 The import fee was embroiled in both economic and foreign policy debates, but was dropped by the Administra- tion for foreign policy reasons. What to do with Cuban Reserve, and how large it should be, was an issue in both 1965 and 1971. In 1971, the transfer of part of the Puerto Rican quota had foreign policy implications, thus the Adminis- tration's attempt to give preference in market growth to foreign countries. Foreign affairs at least partially brought two other major issues--expropriation and the South African quota--to the forefront in 1971. Political Environment in the United States The political environment is responsible at least partially for differences in the 1965 and 1971 sugar experi- ences. The concern over the South Africa quota--expressed only in the Executive Branch in 1965--was 1971's most heated issue. It was largely a function of the increased strength of the civil rights movement and the general public feeling towards South Africa's crudely racist and repressive domestic policies. The industry's fear of payment limitations, and their tax-payment scheme to circumvent limitations, was based on the belief that this issue--at the time the hottest in agricultural policy--would be in the political forefront 123 in 1971. To the relief of the industry, it was completely overshadowed by the South African issue. Another reflection of the political environment was the support in 1971 for increased benefits for farm workers--an issue that had not yet been born, politically, in 1965. Finally, the strengthening protectionist sentiment in Congress in 1971, enabled the passage of import quotas on confectionaries for the first time, although that indus- try had urged the adoption of such quotas in 1965. CHAPTER IX POLICY AND RESEARCH IMPLICATIONS This study offers certain implications for public policy and future research. First, significant reform in United States sugar policy is not likely in the foreseeable future. Although the political processes specific to sugar legislation were different in 1965 and 1971, the changes made--important in understanding why certain things happened differently in the two experiences--had little effect on the legislative outcome. Thus certain institutional changes will probably be necessary if reform in the sugar program is desired, as economic analysis and consumer and taxpayer interests suggest. Of primary importance is a strong Consumer movement which would deal with relatively minor legislation, such as sugar. It is difficult for consumers to get excited about so small a budget item as sugar. But as described earlier, the sugar program costs consumers hundreds of million dollars annually. In this regard, it is doubtful that the sugar program is unique. A strong consumer movement, led in the 124 125 sugar battle by critics of the sugar program, could be formed by coalitions with opponents of other programs to confront the power of the sugar cartel. The second set of institutional changes deals with the Congress. As described in Chapter IV, part of the do- mestic sugar industry's political power lies in its close ties with the Congressional Leadership. Although changes such as elimination of the Seniority System and closed rules, and open caucus elections of the leadership of both parties would probably not have an immediate effect on the substance of sugar legislation, they could have such an impact over time. Changes specific to sugar policy include the prohi- bition of foreign lobbyist testimony, and allowing the Foreign Affairs Committee of each House to handle the foreign policy aspects of the bill. The first change would eliminate one of the murkier aspects of sugar's political process, although there would probably be no change in substance. The second change, however, could have an immediate effect on the legislative outcome. As the study clearly documents, without these in- stitutional changes, attempts to reform or change the program in a way unacceptable to the cartel are easily defeated, and usually limited to begin with. Second, by itself, public distress over the Sugar Act and its political process, will not affect reform. This was clearly proven in 1965. 126 Third, without the institutional changes described above, active Presidential support is necessary for reform in the sugar program. Without it, the cartel's political power--especially its strong influence in the Agriculture and State Departments--will go unchecked. When it was given in 1964 and 1965, top Administration support helped to direct sugar policy toward a less protectionist, more consumer-oriented program; but with the Presidential elimin- ation of the import recapture fee, and high level Adminis- tration abandonment of the Senate bill in Conference, the chances of limited reform in 1965 died. Finally, further research in United States sugar policy should direct itself to more than just the normative economics of American sugar policy or economic analyses of the United States sugar program. The literature is full of such analyses. A two-pronged research approach is neces- sary. The first is research into what United States sugar policy ought to be, based not just on economic efficiency-— economics alone cannot provide the answer to public policy-- but on a comprehensive policy evaluation approach which would look at the whole program in a broad means-ends frame- work. Included in this approach would be such things as distributional impacts and foreign policy considerations-- including whether the price premium truly contributes to the develOpment process--and how these mesh with general policy goals. Because the direction of change in the sugar 127' program might be toward a free market, research must be di- rected towards the costs of such a shift. Would the benefits be worth the costs? A new sugar policy could include ad- justment assistance for economically displaced domestic sugar growers and workers. The second research problem is: once what needs to be done in sugar policy is known, how can it be instituted? What changes in the political process will be necessary to affect that policy, and how can those changes he brought about? This second problem is clearly the more difficult of the two. SELECTED BIBLIOGRAPHY SELECTED BIBLIOGRAPHY Books & Pamphlets Bates, Thomas H., and Schmitz, Andrew. A Spatial Equilibrium ‘Analysis of the WOrld Sugar Economy. Giannini Foundation Monograph Number-23. Berkeley, Cali- fornia: University of California Agricultural Sciences, May, 1969. Benedict, Murray R., and Stine, Oscar C. The Agricultural Commodit APro rams. New York: The Twentieth Century Fund, 1933. Campbell, Joe R. Returns, Costs, & Profits for Large Scale Sugar Cane-Farms inLouisiana, 1§3§ Crop Year. D.A.E. Research‘Report Number 425. Baton Rouge, Louisiana: Louisiana State University Agr. Exp. Sta., May, 1971. . Returns, Costs, and Profits for Raw Su ar Mills in Louisiana,l969 Grinding Seasgn. D.A. . Research Report Number 457. Baton Rouge, Louisiana: Louisiana State University Agricultural Experimental Station, May 1971. , and Morris, Daniel L. Returns, Costs, and Profits for Family-Type Sugar Cane Farms in Louisiana, 1969 CroE Year. D.A.E. Research Report Number 424. Baton Rouge, Louisiana: Louisiana State University Agriculture Experimental Station, May, 1971. Deutsch, Karl W. Politics and Government. Boston: Houghton-MIfflin Co., 1970. Hawaiian Sugar Planters Association. Sugar Manual 1971. Honolulu, Hawaii: Hawaiian Sugar Planters Associa- tion, 1971. Johnson, Harry G. Economic Policies Toward Less Developed Countries, Washington, D.C.: The Brookings Institute, 1967 128 129 United States Beet Sugar Association. ‘The Beet Sugar Story. Washington, D.C.: United States Beet Sugar Associa- tion, 1959. Articles Bhola, Ranal, and Briemyer, Harold. "Cuba--United States Sugar Policy and Interim Suppliers' Dilemma." Business and Government Review, University of Missouri, date not available., pp. 3-9. Bonnen, James T. "The Distribution of Benefits From Selected United States Farm Programs." Rural Poverty in the United States, A Report by EHe PresidenETs National Advisory Commission on Rural Poverty. Washington, D.C.: Government Printing Office, 1968. Hamilton, A. "Cotton Candy from Congress." New Republic, October 9, 1965, pp. 9-10. Horton, Donald C. "Policy Directions for the United States Sugar Program." AmeriCan Joyrnal of Agricultural Economics, May, 1970, pp. 185-196. "Lobbyists: Cloud of Doubt." Newsweek, October 25, 1965, p. 34. "Playing Sugar Daddy to Sugar." Life, October 29, 1965, p. 4. Shields, R. W. "Sugarbeet Research and the Sugar Act." American Society of Sugar Beet Technologists' Journal, (April, 1962), pp. 5-11. "Sugar Stick-Up." Nation, October ll, 1965, p. 206. "Sweet Talk: Hearings on Sugar Legislation." Reporter, September 9, 1965, p. 10. Washington Post. Editorial, September 20, 1965. Washington Post. Editorial, October 2, 1965. Wall Street Journal. Editorial, November 23, 1965. Yaggie, R. A., and Lofthard, L. D. "Sugar Beet Production Costs and Practices in the Red River Valley." North Dakota Agricultural Experiment Station Bulletin 466, October, 1966, pp. 1-32. 130 Unpublished Materials Domestic Beet Sugar Industry, Mainland Cane Sugar Industry, Hawaiian Sugar Industry, Puerto Rican Sugar Industry, and the United States Cane Sugar Refiners' Association. "Industry Sugar Recommendations," Press Release, Washington, D.C., March 29, 1965. Horton, Donald C. "United States Sugar Policies in the Sixties and Possible Revisions of the United States Sugar Program for the Seventies." Unpublished draft, 1970. Ogg, Clayton. "Income Distribution Consequences of United States Sugar Policy." Unpublished article, Univer- sity of Minnesota Department of Agricultural and Applied Economics. "Johnson and Johnson on Sugar Policy." Unpub- lished draft, University of Minnesota Department of Agricultural and Applied Economics, April 15, 1971. Shields, Robert H. "Consumer Interests--The Basic Issue in Sugar Legislation." Speech given at the Annual Convention of National Vendors Association, Miami Beach, Florida, April 18, 1964. Government Publications United States Department of Agriculture. The Structure of the United States Sweetner Industry, by Roy A. BaIlinger. AgficulturaI Economic Report 213. Washington, D.C.: Government Printing Office, September 1971. United States Department of Agriculture. A History of Sugar Marketing, by Roy A. Ballinger. Agricultural Economic Report 197. Washington, D.C.: Government Printing Office, February 1971. United States Department of Agriculture. Sugar Reports 164. Agricultural Stabilization and Conservation Service. Washington, D.C.: Government Printing Office, January, 1966. United States Department of Agriculture. Sugar Reports 176. Agricultural Stabilization and Conservation Service. Washington, D.C.: Government Printing Office, January, 1967. 131 United States Department of Agriculture. ‘Sugar Repprts 236. Agricultural Stabilization and Conservation Service. Washington, D.C.: Government Printing Office, January 1972. United States Department of Agriculture. Sugar Reports 237. Agricultural Stabilization and Conservation Service. Washington, D.C.: Government Printing Office, February, 1972. Congressional Committee Hearings, Reports, and Sppplementapy Publications United States Congress. House. Committee on Agriculture. Hearings. Extend and Amend the Sugar Act, 88th Congress, Second Session, 1964i United States Congress. House. Committee on Agriculture. Hearin s. Amend and Extend the Sugar Act of 1948, 89tH Congress, First Session, 1965. United States Congress. House. Committee on Agriculture. Report on Spgar Act Amendments of 1965. H. Rept. 1646, 89th Congress, First Session, 1965. United States Congress. House. Committee on Agriculture. The Develppment of Foreign Sugar Quotas in H.R. 11135, 89tH‘Congress, First SESsion, 1965. United States Congress. Senate. Committee on Finance. Data Relating to Sugar Act Amendment of 1965, 89th Congress, First Session, 1965. United States Congress. Senate. Committee on Finance Hearings. Sugar, 89th Congress, First Session, 1965. United States Congress. Senate. Committee on Finance. Report on Sugar Act Amendments of 1965. S. Rept. 909, 89th Congress, First Session, 1965. United States Congress. Senate. Committee on Finance. H.R. lll35--Sugar Act Amendments of l965--Comparison Between House Bill and Senate Amendment, 89th Congress, First Session, 1965. United States Congress. House-Senate Conference Committee. Sugar Act Amendments of 1965 Conference Report. H. Rept. 1209: 89th Congress, First Session, 1965. United United United United United United United United United United United 132 States Congress. House. Committee on Agriculture. The United States Sugar Program, 9lst Congress, Second Session, 1970. States Congress. House. Committee on Agriculture Hearin 3. Extension of the Sugar Act, 92d. Congress, First Session, 1971. States Congress. House. Committee on Agriculture. Reporp_on Sugar Act Amendments of 1971. H. Rept. 92-245, 92d Congress, First Session, 1971. States Congress. Senate. Committee on Finance Hearings. Sugar Act Amendments of 1971, 92d. Congress, First Session, 1971. States Congress. Senate. Committee on Finance. Re ort on Sugar Act Amendments of 1971. S. Rept. - 02, 92d. Congress, First Session, 1971. States Congress. House-Senate Conference Committee. Sugar Act Amendments of 1971, Conference Report. S. Rept. 92-381, 92d. Congress, First Session, 1971. Congressional Debate States Congress, Senate, 8. 2567, 89th Congress, First Session, October 12 and 13, 1965. Con res- sional Record, Vol. 111, Part 20, pp. 26727-g6773, 26889-26904. States Congress. House. H.R. 11135, 89th Congress, First Session, October 19 and 20, 1965. Con res- sional Record, Vol. 111, Part 20, pp. 27362-g7386, - , 27506-27528. States Congress. Senate. S. 2567, 89th Congress, First Session, October 22, 1965. Con ressional Record, Vol. 111, Part 21, pp. 28246-28255. States Congress. House. H.R. 11135, 89th Congress, First Session, October 22, 1965. Con ressional Record, Vol. 111, Part 21, pp. 285 - 8563. States Congress. House. H.R. 8866, 92d. Congress, First Session, June 9, 1971. Congressional Record, Vol. 117, No. 87, p. H4884. 133 United States Congress. House. H.R. 8866, 92d. Congress, First Session, June 16, 1971. Congressional Record, Vol. 117, No. 88, pp. H4987-5021. United States Congress. Senate. H.R. 8866, 92d. Congress, - First Session, July 27, 1971. Congressional Record, Vol. 117, No. 118, pp. 812231-812285. United States Congress. Senate. H.R. 8866, 92d. Congress, First Session, July 28, 1971. Congressional Record, Vol. 117, No. 119, pp. 812319-812327. United States Congress. House. H.R. 8866, 92d. Congress, First Session, October 4, 1971. Congressional Record, Vol. 117, No. 146, pp. H9092-H9095. Memoranda Selected Internal Administration Memoranda, 1963-1965. Memoranda sources include: Bureau of the Budget; Council of Economic Advisors; Department of Agri- culture; and White House staff. United States Cane Sugar Refiners' Association. Settin the Record Spraight Concerning Sugar Legislation. Washington, D.C.: United States Cane Sugar Re iners' Association, August, 1964. APPENDIX APPENDIX The following were interviewed by the author:1 John Bagwell, Hawaiian Sugar Planters Association Roy Ballinger, Economic Research Service Department of Agriculture (retired) James Bonnen, former Senior Economist, Council of Economic Advisors (1963-1965) C. H. Devaney, American Farm Bureau Federation Washington, D.C. Horace Godfrey, American Sugar Cane League Irving Hoff, United States Cane Refiners Association Donald Horton, Economist, Bureau of the Budget (retired) Charles Krause, Director, Agriculture Branch, Office of Management and Budget Tom Murphy, Director, Sugar Division, ASCS Hyde Murray, Associate Counsel, House Committee on Agriculture Don Paarlberg, Director, Agricultural Economics, USDA Gary Seevers, Senior EconomiSt, Council of Economic Advisors Robert Shields, United States Beet Sugar Association Linwood Tipton, International Association of Ice Cream Manufacturers Ray Voelkel, Economist, Office of Management and Budget 1All were interviewed in Washington, D.C., on April 5, 6,7,10, or 11, 1972, with the following exceptions: James Bonnen, East Lansing, Michigan, November, 1971-June, 1972; Donald Horton, Dekalb, Illinois, March 31, 1972; and Gary Seevers, East Lansing, Michigan, February 24, 1972. 134 HICHIGRN STATE UNIV. LIBRRRIES 31293103153676