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H.R. 2460 (eh) To designate the United States Post Office located at 125 Border Avenue West in Wiggins, Mississippi, as the ``Jay Hanna `Dizzy' Dean Post Office''. [Engrossed in House] ...


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108th CONGRESS
  1st Session
                                H. R. 245

 To replace the existing Federal price support and quota programs for 
 tobacco with price support and quota programs designed to assist the 
 actual producers of tobacco, to compensate quota holders for the loss 
of tobacco quota asset value, to provide assistance for active tobacco 
  producers, including those producers who forgo obtaining a tobacco 
production license, during the transition of the new programs, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 8, 2003

  Mr. Fletcher (for himself, Mr. Etheridge, Mr. Tanner, Mr. Bishop of 
Georgia, Mr. Boucher, Mr. Lewis of Kentucky, Ms. McCarthy of Missouri, 
  Mr. Lucas of Kentucky, Mr. Wamp, Mr. Whitfield, Mr. Price of North 
 Carolina, and Mr. Rogers of Kentucky) introduced the following bill; 
           which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
 To replace the existing Federal price support and quota programs for 
 tobacco with price support and quota programs designed to assist the 
 actual producers of tobacco, to compensate quota holders for the loss 
of tobacco quota asset value, to provide assistance for active tobacco 
  producers, including those producers who forgo obtaining a tobacco 
production license, during the transition of the new programs, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Tobacco Equity 
Elimination Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
                  TITLE I--TOBACCO EQUITY ELIMINATION

Sec. 101. Definitions of active tobacco producer and quota holder.
Sec. 102. Payments to tobacco quota holders.
Sec. 103. Transition payments for active tobacco producers.
Sec. 104. Tobacco product manufacturer and importer user fees.
Sec. 105. Reimbursement of Commodity Credit Corporation expenditures.
                    TITLE II--TOBACCO PRICE SUPPORT

Sec. 201. Availability of tobacco price support.
Sec. 202. Repeal of related provisions.
Sec. 203. Effective date.
                 TITLE III--TOBACCO PRODUCTION LICENSES

Sec. 301. Definitions of historic tobacco producer and licensed tobacco 
                            producer.
Sec. 302. Annual estimate of tobacco purchase intentions.
Sec. 303. National tobacco marketing factor.
Sec. 304. Issuance of tobacco production licenses.
Sec. 305. Annual authorized tobacco production under tobacco production 
                            licenses.
Sec. 306. Assessment on licensed tobacco producers for administrative 
                            costs.
Sec. 307. Termination of marketing quota programs and repeal of related 
                            provisions.
Sec. 308. Effective date.
                    TITLE IV--TOBACCO ADVISORY BOARD

Sec. 401. Establishment and duties of Tobacco Advisory Board.
          TITLE V--ASSISTANCE TO TOBACCO-DEPENDENT COMMUNITIES

Sec. 501. Center for Tobacco-Dependent Communities.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Tobacco production is conducted extensively in a number 
        of States and generates significant income in local communities 
        in these States, which are dependent on such production for 
        economic vitality.
            (2) Tobacco products manufactured from tobacco grown in the 
        these States are transported in interstate commerce.
            (3) While manufacturers of tobacco products enjoy 
        profitable circumstances, many tobacco growers and their 
        communities are in dire economic situations.
            (4) Downturns in domestic manufacturing demand for tobacco 
        grown in the United States, losses in the United States share 
        of the world tobacco market, reduced domestic demand for 
        tobacco products, and State and Federal tobacco policies that 
        have inadvertently encouraged economic dependence on tobacco 
        have contributed to such dire economic situations.
            (5) Many tobacco-producing communities are experiencing the 
        loss of tobacco farms, reductions in quota level, and a lowered 
        value for tobacco quotas.
            (6) Such communities often have difficulty developing non-
        tobacco income, and are therefore quite dependent on tobacco 
        and vulnerable to changes in the tobacco-growing industry.
            (7) Domestic and world economic trends have had a 
        disproportionately harsh impact on small family farms and on 
        their communities, as the number of tobacco farms in the United 
        States declined by more than 50 percent between 1978 and 1997.
            (8) A failure to respond to the current crisis affecting 
        family farms will result in a continued reduction in the number 
        of such farms and the jobs and income that they provide to 
        their communities.
            (9) A continued program of assistance will provide many 
        benefits to most tobacco-dependent communities, particularly to 
        small family farms.
            (10) While tobacco-growing States have some financial 
        resources to support community revitalization, few States have 
        the resources necessary to support the transition from 
        dependence on tobacco to a varied economy.
    (b) Purpose.--It is the purpose of this Act to provide assistance 
to tobacco-dependent communities, and particularly to those comprised 
of small family farms, to assist them in making the transition from 
tobacco-dependent economies to a diversified economic base.

                  TITLE I--TOBACCO EQUITY ELIMINATION

SEC. 101. DEFINITIONS OF ACTIVE TOBACCO PRODUCER AND QUOTA HOLDER.

    In this title:
            (1) The term ``active tobacco producer'' means a owner, 
        operator, landlord, tenant, or sharecropper who--
                    (A) shares in the risk of producing tobacco on a 
                farm where tobacco is produced pursuant to a tobacco 
                farm marketing quota or farm acreage allotment 
                established under the Agricultural Adjustment Act of 
                1938 (7 U.S.C. 1281 et seq.) for the 2002 crop year; 
                and
                    (B) planted the crop, or is considered to have 
                planted the crop under that Act, in 2002.
            (2) The term ``tobacco quota holder'' means an owner, as of 
        July 1, 2002, of a tobacco farm marketing quota or a farm 
        acreage allotment established under the Agricultural Adjustment 
        Act of 1938 (7 U.S.C. 1281 et seq.) for the 2002 marketing 
        year.

SEC. 102. PAYMENTS TO TOBACCO QUOTA HOLDERS.

    (a) Payment Authority.--The Secretary of Agriculture shall use 
funds of the Commodity Credit Corporation to make payments under this 
section to tobacco quota holders as compensation for the loss of 
tobacco quota asset value on account of the repeal of part I of 
subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 
U.S.C. 1311 et seq.).
    (b) Application.--To receive payments under this section, a person 
shall prepare and submit to the Secretary of Agriculture an application 
at such time, in such manner, and containing such information as the 
Secretary may require, including information sufficient to demonstrate 
that the person satisfies the definition of tobacco quota holder.
    (c) Total Payment Amount.--
            (1) In general.--The Secretary of Agriculture shall 
        determine the total amount to be paid to all tobacco quota 
        holders under this section with respect to each kind of 
        tobacco.
            (2) Poundage quota tobacco.--For each kind of tobacco for 
        which the marketing quota is expressed in pounds, the total 
        amount available for payments to tobacco quota holders under 
        this section shall be equal to the product obtained by 
        multiplying--
                    (A) $8 per pound; by
                    (B) the total tobacco farm marketing quotas 
                established under the Agriculture Adjustment Act of 
                1938 for the 1998 marketing year for that kind of 
                tobacco.
            (3) Marketing quotas other than poundage quotas.--For each 
        kind of tobacco for which there is a marketing quota or 
        allotment on an acreage basis, the Secretary shall convert the 
        tobacco farm marketing quotas or allotments established under 
        the Agriculture Adjustment Act of 1938 for the 1998 marketing 
        year for that kind of tobacco to a poundage basis before 
        executing the mathematical equation specified in paragraph (2).
    (d) Base Quota Level.--
            (1) In general.--The Secretary of Agriculture shall 
        determine the base quota level of each tobacco quota holder 
        with respect to each kind of tobacco.
            (2) Poundage quota tobacco.--For each kind of tobacco for 
        which the marketing quota is expressed in pounds, the base 
        quota level for a tobacco quota holder shall be equal to the 
        average of the tobacco farm marketing quota established under 
        the Agriculture Adjustment Act of 1938 for the 2002 marketing 
        year for quota tobacco on the farm owned by the tobacco quota 
        holder.
            (3) Marketing quotas other than poundage quotas.--For each 
        kind of tobacco for which there is a marketing quota or 
        allotment on an acreage basis, the base quota level for a 
        tobacco quota holder shall be equal to the product obtained 
        (based on a poundage conversion) by multiplying--
                    (A) the average tobacco farm marketing quota or 
                allotment established under the Agriculture Adjustment 
                Act of 1938 for the 2002 marketing year for the tobacco 
                quota holder's farm; by
                    (B) the average yield per acre for the tobacco 
                quota holder's farm for the kind of tobacco for that 
                marketing year.
    (e) Payment Amount.--The Secretary of Agriculture shall make 
payments to a tobacco quota holder with respect to a kind of tobacco 
under this section in a total amount that bears the same ratio to the 
amount determined by the Secretary under subsection (c) with respect to 
that kind of tobacco as the base quota level of the tobacco quota 
holder with respect to that kind of tobacco bears to the base quota 
level of all tobacco quota holders with respect to that kind of 
tobacco.
    (f) Time for Payment.--The amount determined under subsection (e) 
for a tobacco quota holder shall be paid in five equal installments 
during each of the 2003 through 2007 crops of tobacco.
    (g) Death of Tobacco Quota Holder.--If a tobacco quota holder who 
is entitled to payments under this section dies and is survived by a 
spouse or one or more dependents, the right to receive the payments 
shall transfer to the surviving spouse or, if there is no surviving 
spouse, to the estate of the tobacco quota holder.

SEC. 103. TRANSITION PAYMENTS FOR ACTIVE TOBACCO PRODUCERS.

    (a) Payment Authority.--The Secretary of Agriculture shall use 
funds of the Commodity Credit Corporation to make transition payments 
under this section to active tobacco producers.
    (b) Application.--To receive payments under this section, a person 
shall prepare and submit to the Secretary of Agriculture an application 
at such time, in such manner, and containing such information as the 
Secretary may require, including information sufficient to demonstrate 
that the person satisfies the definition of active tobacco producer.
    (c) Total Payment Amount.--
            (1) In general.--The Secretary of Agriculture shall 
        determine the total amount to be paid to all active tobacco 
        producers under this section with respect to each kind of 
        tobacco.
            (2) Poundage quota tobacco.--For each kind of tobacco for 
        which the marketing quota is expressed in pounds, the total 
        amount available for payments to active tobacco producers under 
        this section shall be equal to the product obtained by 
        multiplying--
                    (A) $4 per pound; by
                    (B) the total tobacco farm marketing quotas 
                established under the Agriculture Adjustment Act of 
                1938 for the 1998 marketing year for that kind of 
                tobacco.
            (3) Marketing quotas other than poundage quotas.--For each 
        kind of tobacco for which there is a marketing quota or 
        allotment on an acreage basis, the Secretary shall convert the 
        tobacco farm marketing quotas or allotments established under 
        the Agriculture Adjustment Act of 1938 for the 1998 marketing 
        year for that kind of tobacco to a poundage basis before 
        executing the mathematical equation specified in paragraph (2).
    (d) Payment Quantity.--
            (1) In general.--The Secretary of Agriculture shall 
        determine the payment quantity of tobacco for each active 
        tobacco producer with respect to each kind of tobacco.
            (2) Poundage quota tobacco.--For each kind of tobacco for 
        which the marketing quota is expressed in pounds, the payment 
        quantity for an active tobacco producer shall be equal to the 
        average of the following:
                    (A) The July 1 effective quota for that quota 
                tobacco produced by the producer under the Agriculture 
                Adjustment Act of 1938 for the 2001 marketing year.
                    (B) The marketing quota for that quota tobacco 
                produced by the producer under the Agriculture 
                Adjustment Act of 1938 for the 2001 marketing year.
                    (C) The July 1 effective quota for that quota 
                tobacco produced by the producer under the Agriculture 
                Adjustment Act of 1938 for the 2002 marketing year.
            (3) Marketing quotas other than poundage quotas.--For each 
        kind of tobacco for which there is a marketing quota or 
        allotment on an acreage basis, the payment quantity for an 
        active tobacco producer shall be equal to the average of the 
        actual pounds of that kind of tobacco produced by the active 
        tobacco producer for the 2001 and 2002 marketing years.
    (e) Payment Amount.--
            (1) All tobacco producers.--The Secretary of Agriculture 
        shall make payments to each active tobacco producer with 
        respect to a kind of tobacco under this section in a total 
        amount that bears the same ratio to the amount determined by 
        the Secretary under subsection (c) with respect to that kind of 
        tobacco as the payment quantity of the active tobacco producer 
        with respect to that kind of tobacco bears to the payment 
        quantities of all active tobacco producers with respect to that 
        kind of tobacco.
            (2) Producers who forgo obtaining tobacco production 
        license.--If an active tobacco producer who is entitled to 
        transition payments under this section with respect to a kind 

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