Home > 105th Congressional Bills > H.R. 987 (ih) To amend title 31, United States Code, to provide for continuing appropriations in the absence of regular appropriations. ...

H.R. 987 (ih) To amend title 31, United States Code, to provide for continuing appropriations in the absence of regular appropriations. ...


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108th CONGRESS
  1st Session
                                H. R. 986

   To replace the existing Federal tobacco program with a federally 
 chartered corporation to ensure the stability of the price and supply 
 of domestically produced tobacco, to compensate quota holders for the 
loss of tobacco quota asset value, to provide transition assistance for 
     active tobacco producers, to increase the competitiveness of 
         domestically produced tobacco, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2003

 Mr. Goode (for himself, Mr. Lewis of Kentucky, and Mr. Jones of North 
  Carolina) introduced the following bill; which was referred to the 
Committee on Agriculture, and in addition to the Committee on Ways and 
 Means, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To replace the existing Federal tobacco program with a federally 
 chartered corporation to ensure the stability of the price and supply 
 of domestically produced tobacco, to compensate quota holders for the 
loss of tobacco quota asset value, to provide transition assistance for 
     active tobacco producers, to increase the competitiveness of 
         domestically produced tobacco, 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 Market 
Transition Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Purposes.
          TITLE I--TOBACCO COMMUNITY REVITALIZATION TRUST FUND

Sec. 101. Tobacco Community Revitalization Trust Fund.
             TITLE II--TOBACCO MARKET TRANSITION ASSISTANCE

Sec. 201. Compensation to quota holders for loss of tobacco quota asset 
                            value.
Sec. 202. Transition payments for active tobacco producers.
Sec. 203. Tobacco loan associations.
Sec. 204. Transition payments for other persons involved in tobacco 
                            production and marketing.
Sec. 205. Tax treatment of compensation and transition payments.
 TITLE III--ESTABLISHMENT OF PRIVATE TOBACCO PRODUCTION ADJUSTMENT AND 
                       QUALITY ASSURANCE PROGRAMS

Sec. 301. Establishment and duties of Tobacco Production Control 
                            Corporation.
Sec. 302. Board of directors of Corporation.
Sec. 303. Board meetings.
Sec. 304. Staff.
Sec. 305. General powers of Corporation.
Sec. 306. Corporation relationship with tobacco loan associations.
Sec. 307. Tobacco base price levels.
Sec. 308. Penalties.
Sec. 309. Program referenda.
           TITLE IV--TERMINATION OF CURRENT TOBACCO PROGRAMS

Sec. 401. Termination of marketing quota programs and repeal of related 
                            provisions.
Sec. 402. Termination of tobacco price support loan and no net cost 
                            provisions and repeal of related 
                            provisions.
Sec. 403. Continued availability of Federal crop insurance.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Active tobacco producer.--The term ``active tobacco 
        producer'' means a person that--
                    (A) is the actual producer, as determined by the 
                Secretary, of 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 or 2003 crop year; and
                    (B) planted the crop, or is considered to have 
                planted the crop under that Act, in 2001, 2002, or 
                2003.
            (2) Association.--The term ``Association'' means a 
        producer-owned cooperative marketing association.
            (3) Corporation.--The term ``Corporation'' means the 
        Tobacco Production Control Corporation established by section 
        301.
            (4) Quota holder.--The term ``quota holder'' means an 
        owner, as of January 1, 2003, 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.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (6) Trust fund.--The term ``Trust Fund'' means the Tobacco 
        Community Revitalization Trust Fund established by section 101.

SEC. 3. PURPOSES.

    It is the purpose of this Act--
            (1) to terminate the existing Federal tobacco program and 
        establish federally chartered corporation to ensure the 
        stability of the price and supply of domestically produced 
        tobacco;
            (2) to compensate quota holders for the loss of tobacco 
        quota asset value as a result of the termination of the 
        existing Federal tobacco program;
            (3) to provide transition assistance to active tobacco 
        producers; and
            (4) to make domestically produced tobacco more competitive 
        with tobacco produced in other countries by reducing the 
        operating costs of tobacco producers through the elimination of 
        expenses associated with buying or leasing tobacco quota.

          TITLE I--TOBACCO COMMUNITY REVITALIZATION TRUST FUND

SEC. 101. TOBACCO COMMUNITY REVITALIZATION TRUST FUND.

    (a) In General.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a trust fund to be known as the ``Tobacco 
        Community Revitalization Trust Fund''.
            (2) Contents.--The Trust Fund shall consist of such amounts 
        as may be appropriated or credited to the Trust Fund, including 
        funds held in a No Net Cost Tobacco Fund or No Net Cost Tobacco 
        Account that are transferred to the Trust Fund under section 
        203(c).
    (b) Administration.--The Trust Fund shall be administered by the 
Tobacco Production Control Corporation.
    (c) Expenditures From Trust Fund.--Amounts in the Trust Fund shall 
be available for making expenditures to defray--
            (1) the costs of providing compensation to quota holders 
        for the loss of tobacco quota asset value under section 201;
            (2) the costs of making transition payments to active 
        tobacco producers under section 202;
            (3) the costs of forgiving loans and transferring title to 
        inventories of tobacco and funds to the Commodity Credit 
        Corporation under section 203;
            (4) the costs of making transition payments to other 
        persons directly involved in tobacco production and marketing 
        under section 204;
            (5) the costs of carrying out the duties of the Corporation 
        and the Associations, including assuring the quality and 
        controlling the production and marketing of domestic tobacco 
        and otherwise carrying out title III; and
            (6) the costs to the Secretary and the Corporation of 
        enforcing title III.

             TITLE II--TOBACCO MARKET TRANSITION ASSISTANCE

SEC. 201. COMPENSATION TO QUOTA HOLDERS FOR LOSS OF TOBACCO QUOTA ASSET 
              VALUE.

    (a) Payment Authority.--Using amounts in the Trust Fund, the 
Corporation shall make payments for tobacco quota to eligible quota 
holders.
    (b) Eligibility.--To be eligible to receive payments under this 
section, a quota holder shall prepare and submit to the Corporation an 
application at such time, in such manner, and containing such 
information as the Corporation may require, including information 
sufficient to demonstrate to the satisfaction of the Corporation that 
the person was a quota holder on January 1, 2003.
    (c) Base Quota Level.--
            (1) In general.--For each eligible quota holder that 
        submits an application under subsection (b), the Secretary 
        shall determine and provide to the Corporation the base quota 
        level of the quota holder.
            (2) Level.--For each kind of tobacco for which the 
        marketing quota is expressed in pounds, the base quota level 
        for a quota holder shall be equal to, at the election of the 
        quota holder--
                    (A) 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 quota holder; or
                    (B) the average of the tobacco farm marketing quota 
                established under the Agriculture Adjustment Act of 
                1938 for the 1997, 1998, and 1999 marketing years for 
                quota tobacco on the farm owned by the 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 each 
        eligible quota holder shall be determined in accordance with 
        this subsection (based on a poundage conversion) in an amount 
        equal to the product obtained by multiplying--
                    (A) the tobacco farm marketing quota or allotment 
                established under the Agriculture Adjustment Act of 
                1938 for the 2002 marketing year (or, at the election 
                of the quota holder, the average of the tobacco farm 
                marketing quota or allotment established under such for 
                the 1997, 1998, and 1999 marketing years, for the quota 
                holder's farm; by
                    (B) the average yield per acre for the quota 
                holder's farm for the kind of tobacco for that 
                marketing year or those marketing years, whichever 
                applies.
    (d) Payment Amount.--The Corporation shall make payments to each 
eligible quota holder in a total amount equal to the product obtained 
by multiplying--
            (1) $8 per pound; by
            (2) the base quota level established for the quota holder 
        under subsection (c).
    (e) Time for Payment.--The amount determined under subsection (d) 
for a quota holder shall be paid in five equal installments during each 
of the 2003 through 2007 crops of tobacco.

SEC. 202. TRANSITION PAYMENTS FOR ACTIVE TOBACCO PRODUCERS.

    (a) Payment Authority.--Using amounts in the Trust Fund, the 
Corporation shall make transition payments to eligible active tobacco 
producers.
    (b) Eligibility.--To be eligible to receive payments under this 
section, an active tobacco producer shall prepare and submit to the 
Corporation an application at such time, in such manner, and containing 
such information as the Corporation may require, including information 
sufficient to demonstrate to the satisfaction of the Corporation that, 
the person planted, or is considered to have planted, a 2001, 2002, or 
2003 crop of tobacco.
    (c) Payment Quantity.--
            (1) In general.--For each eligible active tobacco producer 
        that submits an application under subsection (b), the Secretary 
        shall determine and provide to the Corporation, the production 
        quantity of the producer eligible for payments under this 
        section.
            (2) Eligible production quantity.--The production quantity 
        eligible for payment for an active tobacco producer shall be 
        equal to, at the election of the active tobacco producer--
                    (A) the quantity, in pounds, of quota tobacco 
                subject to the quota produced by the producer under the 
                Agriculture Adjustment Act of 1938 for the 2002 
                marketing year; or
                    (B) the average quantity, in pounds, of quota 
                tobacco subject to the quota produced by the producer 
                under the Agriculture Adjustment Act of 1938 for the 
                1997, 1998, and 1999 marketing years.
            (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 production quantity eligible 
        for payment for each active tobacco producer shall be equal to, 
        at the election of the active tobacco producer--
                    (A) the actual pounds marketed for the 2002 crop 
                year; or
                    (B) the average of the actual pounds marketed for 
                the 1997, 1998, and 1999 crop years.
    (d) Payment Amount.--The Corporation shall make payments to each 
active tobacco producer in a total amount equal to the product obtained 
by multiplying--
            (1) $4 per pound; by
            (2) the production base established for the active producer 
        under subsection (c).
    (e) Time for Payment.--The amount determined under subsection (d) 
for an active tobacco producer shall be paid in five equal installments 
during each of the 2003 through 2007 crops of tobacco.
    (f) Death of Active Tobacco Producer.--If an active tobacco 
producer 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 producer.

SEC. 203. TOBACCO LOAN ASSOCIATIONS.

    (a) Prior Loans.--The Secretary shall forgive each loan made to an 
Association under section 106A or 106B of the Agricultural Act of 1949 
(7 U.S.C. 1445 1, 1445 2) that is outstanding on the date of enactment 
of this Act.
    (b) Transfer of Title for Loan Inventories.--The Secretary shall 
transfer to the Commodity Credit Corporation the title to all 
inventories of tobacco held by the Secretary to secure loans made to 
the Association under section 106A or 106B of the Agricultural Act of 
1949 (7 U.S.C. 1445 1, 1445 2).
    (c) No Net Cost Tobacco Funds.--Notwithstanding sections 106A(f) 
and 106B(g) of the Agricultural Act of 1949 (7 U.S.C. 1445-1(f) and 
1445-2(g)), all funds held in a No Net Cost Tobacco Fund or No Net Cost 
Tobacco Account on behalf of an Association under section 106A or 106B 
of that Act (7 U.S.C. 1445-1, 1445-2) on the day before the date of 

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