[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5446 Introduced in House (IH)]






107th CONGRESS
  2d Session
                                H. R. 5446

 To provide economic disaster assistance to producers of the 2002 crop 
                   of rice in the State of Louisiana.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2002

   Mr. John introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
 To provide economic disaster assistance to producers of the 2002 crop 
                   of rice in the State of Louisiana.

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

SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Louisiana Rice Economic Relief Act 
of 2002''.

SEC. 2. FINDINGS.

     Congress finds that--
            (1) the rice industry in the State of Louisiana contributes 
        significantly to the economy of the State, with an estimated 
        annual value of approximately $250,000,000 and an estimated 
        average annual economic benefit of approximately 
        $1,000,000,000;
            (2) rice producers in the State are suffering from the 
        lowest rice prices in more than 50 years;
            (3) with much of the 2002 crop of rice in the State being 
        sold during harvest season, the market-derived income of 
        producers from the sale of rice is falling to record low 
        levels;
            (4) the historically-low income of producers from the sale 
        of rice in the State, even when combined with Federal income 
        support, still is devastating to--
                    (A) rice producers in the State;
                    (B) the rice industry infrastructure of the State;
                    (C) businesses that serve and depend on the rice 
                industry; and
                    (D) communities in which rice producers and their 
                families reside and in which the rice industry 
                operates;
            (5) because of the significant reduction in total income 
        and the current costs of production, many rice producers of the 
        State will not cover their total expenses this year;
            (6) the historically-low prices of the 2002 crop of rice in 
        the State have contributed to a combined market price and 
        Federal support income level that is approximately $2.42 per 
        hundredweight less than the average combined market price and 
        Federal support income levels during the 1998 through 2001 
        period, which is approximately 22 percent below the average 
        income level for the State for the same time period; and
            (7) due to the historically-low rice prices and reduced 
        income, rice producers in the State and their families are 
        faced with dire economic circumstances that are crippling them 
        and the communities in which they live and work.

SEC. 3. ECONOMIC DISASTER ASSISTANCE FOR LOUISIANA RICE PRODUCERS.

    (a) In General.--The Secretary of Agriculture shall use such sums 
as are necessary of funds of the Commodity Credit Corporation to make 
payments, as soon as practicable after the date of enactment of this 
Act, to producers of the 2002 crop of rice on farms located in the 
State of Louisiana, to assist producers as a result of the disastrous 
economic conditions occurring with the 2002 crop of rice.
    (b) Amount.--The amount of a payment made to producers on a farm 
under this section shall be equal to the product obtained by 
multiplying--
            (1) the actual quantity of rice produced by the producers 
        on the farm during the 2002 crop year; and
            (2) a payment rate of $2.42 per hundredweight.
    (c) Payment Limitation.--
            (1) In general.--The total amount of payments that a person 
        shall be entitled to receive under this section may not exceed 
        $40,000.
            (2) Regulations.--The Secretary shall promulgate 
        regulations--
                    (A) defining the term ``person'' for the purposes 
                of this subsection, which shall conform, to the maximum 
                extent practicable, to the regulations defining the 
                term ``person'' promulgated under section 1001 of the 
                Food Security Act of 1985 (7 U.S.C. 1308); and
                    (B) promulgating such regulations as the Secretary 
                determines necessary to ensure a fair and reasonable 
                application of the limitation established under this 
                subsection.
    (d) Information.--In carrying out this section, the Secretary 
shall, to the maximum extent practicable--
            (1) use information that the Secretary has obtained from 
        administering other provisions of law; and
            (2) minimize any additional information or requirements 
        that are imposed on eligible producers.
    (e) Administrative Offset.--Payments under this section shall not 
be subject to administrative offset, including administrative offset 
under chapter 37 of title 31, United States Code, or the Commodity 
Credit Corporation Charter Act (15 U.S.C. 714 et seq.).

SEC. 4. COMMODITY CREDIT CORPORATION.

     The Secretary shall use the funds, facilities, and authorities of 
the Commodity Credit Corporation to carry out this Act.

SEC. 5. REGULATIONS.

    (a) In General.--The Secretary may promulgate such regulations as 
are necessary to implement this Act.
    (b) Procedure.--The promulgation of the regulations and 
administration of this Act shall be made without regard to--
            (1) the notice and comment provisions of section 553 of 
        title 5, United States Code;
            (2) the Statement of Policy of the Secretary of Agriculture 
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
        notices of proposed rulemaking and public participation in 
        rulemaking; and
            (3) chapter 35 of title 44, United States Code (commonly 
        known as the ``Paperwork Reduction Act'').
    (c) Congressional Review of Agency Rulemaking.--In carrying out 
this section, the Secretary shall use the authority provided under 
section 808 of title 5, United States Code.

SEC. 6. EMERGENCY DESIGNATION.

    (a) In General.--The entire amount made available under this Act 
shall be available only to the extent that the President submits to 
Congress an official budget request for a specific dollar amount that 
includes designation of the entire amount of the request as an 
emergency requirement for the purposes of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.).
    (b) Designation.--The entire amount made available under this 
section is designated by Congress as an emergency requirement under 
sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A), 
902(e)).
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