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

January 27, 2003

Mr. JOHN (for himself and Mr. ALEXANDER) introduced the following bill; which was referred to the Committee on Agriculture

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 2003'.

SEC. 2. FINDINGS.

Congress finds the following:

(1) The rice industry in the State of Louisiana contributes significantly to the economy of that State and the United States, with an estimated annual value of approximately $250,000,000 and an estimated average annual economic benefit of approximately $1,000,000,000.

(2) For the 2002 crop of rice, rice producers in the State of Louisiana suffered from the lowest rice prices in more than 50 years.

(3) Since most of the 2002 crop of rice in the State of Louisiana was sold during the harvest season, the market-derived income of producers from the sale of rice fell to record low levels.

(4) The historically-low income of producers from the sale of rice in the State of Louisiana, 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 of Louisiana will not cover the total expenses they incurred to produce and harvest the 2002 crop.

(6) The historically-low prices of the 2002 crop of rice in the State of Louisiana 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.

(7) Due to the historically-low rice prices and reduced income, rice producers in the State of Louisiana 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 defining the term `person' for the purposes of paragraph (1), 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). The Secretary also shall promulgate such additional regulations as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under such paragraph.

(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)).

END