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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.
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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
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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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