[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2502 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2502

    To amend various commodity research and promotion laws to make 
               participation in such programs voluntary.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 18, 1995

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

_______________________________________________________________________

                                 A BILL


 
    To amend various commodity research and promotion laws to make 
               participation in such programs voluntary.

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

SECTION 1. VOLUNTARY PARTICIPATION IN THE BEEF PROMOTION AND RESEARCH 
              PROGRAM.

    (a) Congressional Findings and Declaration of Policy.--Section 2(b) 
of the Beef Research and Information Act (7 U.S.C. 2901(b)) is amended 
by striking ``through assessments on all cattle'' and inserting 
``through voluntary assessments on cattle''.
    (b) Definitions.--Section 3 of such Act (7 U.S.C. 2902) is 
amended--
            (1) in paragraph (8)--
                    (A) by inserting ``(A)'' after ``(8)''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(B) the term `participating importer' means an importer 
        who voluntarily chooses to participate in the order and has 
        paid all assessments as provided in section 5(8);''; and
            (2) in paragraph (12)--
                    (A) by inserting ``(A)'' after ``(12)''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(B) the term `participating producer' means a producer 
        who voluntarily chooses to participate in the order and has 
        paid all assessments as provided in section 5(8);''.
    (c) Required Terms in Orders.--Section 5 of such Act (7 U.S.C. 
2904) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Members of the Board shall be 
                cattle producers and importers'' and inserting 
                ``Members of the Board shall be participating producers 
                and participating importers'';
                    (B) by striking ``nominations submitted by 
                importers'' and inserting ``nominations submitted by 
                participating importers'';
                    (C) by striking ``Each State that has a total 
                cattle'' and inserting ``Each State whose participating 
                producers have a total cattle'';
                    (D) by striking ``A State that has a total 
                inventory of fewer than'' and inserting ``A State whose 
                participating producers have a total inventory of fewer 
                than''; and
                    (E) by striking ``The number of members on the 
                Board that represent importers'' and inserting ``The 
                number of members on the Board that represent 
                participating importers'';
            (2) in paragraph (4)(A), by striking ``and ten producers 
        elected'' and inserting ``and ten participating producers 
        elected'';
            (3) in paragraph (8)(A), by striking ``payment to a 
        producer for cattle purchased from the producer'' and inserting 
        ``payment to a participating producer for cattle purchased from 
        the participating producer''; and
            (4) in paragraph (8)(C)--
                    (A) by striking ``shall provide that each importer 
                of cattle, beef, or beef products shall pay an 
                assessment'' and inserting ``shall provide that each 
                participating importer may pay a voluntary 
                assessment''; and
                    (B) by striking ``from cattle of the person's own 
                production shall'' and inserting ``from cattle of the 
                person's own production may''; and
            (5) in paragraph (11), by striking the first sentence and 
        inserting ``The Secretary shall establish appropriate 
        accounting and bookkeeping requirements in the order to 
        effectuate the policy of this Act.''.
    (d) Certification of Organizations To Nominate.--Section 6 of such 
Act (7 U.S.C. 2905) is amended--
            (1) in subsection (a), by striking ``The eligibility of any 
        State organization to represent producers'' and inserting ``The 
        eligibility of any State organization to represent 
        participating producers''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``cattle 
                producers or the association or organization's total 
                paid membership represents at least a majority of the 
                cattle producers'' and inserting ``participating cattle 
                producers or the association or organization's total 
                paid membership represents at least a majority of the 
                participating cattle producers''; and
                    (B) in paragraph (2), by striking ``represents a 
                substantial number of producers'' and inserting 
                ``represents a substantial number of participating 
                producers''.
    (e) Requirements of Referendum.--Section 7 of such Act (7 U.S.C. 
2906) is amended by striking subsection (b) and redesignating 
subsection (c) as subsection (b).
    (f) Enforcement.--Section 9 of such Act (7 U.S.C. 2908) is amended 
by adding at the end the following new subsection:
    ``(d) Nothing in this section shall permit the Secretary to require 
or enforce the collection of assessments from producers that are not 
participating producers and importers that are not participating 
importers.''.
    (g) Investigations.--Section 10 of such Act (7 U.S.C. 2909) is 
amended by adding at the end the following new sentence: Nothing in 
this section shall permit the Secretary to require or enforce the 
collection of assessments from producers that are not participating 
producers and importers that are not participating importers.''.

SEC. 2. VOLUNTARY PARTICIPATION IN THE PORK PROMOTION AND RESEARCH 
              PROGRAM.

    (a) Congressional Findings and Declaration of Purpose.--Section 
1612(b)(1) of the Pork Promotion, Research, and Consumer Information 
Act of 1985 (7 U.S.C. 4801(b)(1)) is amended by striking ``through 
adequate assessments'' and insert ``through voluntary assessments''.
    (b) Definitions.--Section 1613 of such Act (7 U.S.C. 4802)--
            (1) in paragraph (5)--
                    (A) by inserting ``(A)'' after (5)''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(B) The term `participating importer' means an importer 
        who voluntarily chooses to participate in the pork promotion 
        and research order issued under section 1614 and has paid all 
        assessments as provided in section 1620.''; and
            (2) in paragraph (11)--
                    (A) by inserting ``(A)'' after (11)''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(B) The term `participating producer' means a producer 
        who chooses to participate in the pork promotion and research 
        order issued under section 1614 and has paid all assessments as 
        provided in section 1620.''.
    (c) Pork and Pork Product Orders.--Section 1614(a) of such Act (7 
U.S.C. 4803(a)) is amended--
            (1) by striking ``persons engaged in--'' and inserting 
        ``all participating producers and participating importers.''; 
        and
            (2) by striking paragraphs (1) and (2).
    (d) National Pork Producers Delegate Body.--Section 1617 of such 
Act (7 U.S.C. 4806) is amended--
            (1) in subsection (b)(1)--
                    (A) in subparagraph (A), by striking ``producers'' 
                and inserting ``participating producers''; and
                    (B) in subparagraph (B), by striking ``importers'' 
                and inserting ``participating importers'';
            (2) in subsection (b)(2)(A)(i), by striking ``marketed from 
        such State'' and inserting ``marketed by participating 
        producers from such State''; and
            (3) in subsection (b)(3)(A)(ii), by striking ``from 
        importers'' and inserting ``from participating importers''.
    (e) Selection of Delegate Body.--Section 1618(c)(3) of such Act (7 
U.S.C. 4807(c)(3)) is amended by striking ``must--'' and all that 
follows through the end of subparagraph (C) and inserting ``must be a 
participating producer who is a resident of such State.''.
    (f) National Pork Board.--Section 1619 (a) of such Act (7 U.S.C. 
4808(a)) is amended--
            (1) in the first paragraph (2), by striking ``consist of 
        producers representing at least 12 States and importers'' and 
        inserting ``consist of participating producers representing at 
        least 12 States and participating importers''; and
            (2) by striking the second paragraph (2).
    (g) Assessments.--Section 1620 of such Act (7 U.S.C. 4809) is 
amended--
            (1) in subsection (a), by striking paragraph (3) and 
        inserting the following new paragraph:
            ``(3) Effective January 1, 1996, assessments shall be paid 
        by participating producers and participating importers on a 
        voluntary basis and nothing in this section shall permit the 
        Secretary to require the collection of assessments from 
        producers that are not participating producers and importers 
        that are not participating importers.'';
            (2) in subsection (b)(4)--
                    (A) by striking ``(A)'' after ``(4)'';
                    (B) by striking ``shall be assessed'' and inserting 
                ``may be assessed''; and
                    (C) by striking subparagraph (B); and
            (3) in subsection (c)(1)(A)(i), by striking ``by persons 
        described in subsection (a)(1) (A) and (B)'' through the end of 
        the clause and inserting in lieu thereof ``by participating 
        producers; and''.
    (h) Permissive Provisions.--Section 1621 of such Act (7 U.S.C. 
4810) is amended--
            (1) by striking subsection (a) and inserting in lieu 
        thereof the following new subsection:
    ``(a) The Secretary shall establish appropriate accounting and 
bookkeeping requirements by order to effectuate the policy of this 
subtitle.'';
            (2) in subsection (b), by striking ``subsection (a)(1)'' 
        both places it appears and inserting ``subsection (a)''; and
            (3) in subsection (c), by striking ``subsection (a)(1) or 
        (b)'' and inserting ``subsection (a)''.
    (i) Referendum.--Section 1622(e) of such Act (7 U.S.C. 4811(e)) is 
amended by striking ``pursuant to this section'' and inserting ``among 
all participating producers and participating importers''.
    (j) Suspension and Termination of Orders.--Section 1623 of such Act 
(7 U.S.C. 4812) is amended by striking subsection (b) and redesignating 
subsection (c) as subsection (b).
    (k) Enforcement.--Section 1626 of such Act (7 U.S.C. 4815) is 
amended by adding at the end the following new subsection:
    ``(d) Nothing in this section shall permit the Secretary to require 
or enforce the collection of assessments from producers that are not 
participating producers and importers that are not participating 
importers.''.
    (l) Investigations.--Section 1627 of such Act (7 U.S.C. 4816) is 
amended by adding at the end the following new subsection:
    ``(d) Nothing in this section shall permit the Secretary to require 
or enforce the collection of assessments from producers that are not 
participating producers and importers that are not participating 
importers.''.

SEC. 3. VOLUNTARY PARTICIPATION IN DAIRY RESEARCH AND PROMOTION 
              PROGRAM.

    (a) Congressional Findings and Declaration of Policy.--Section 
110(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 
4501(b)) is amended by striking ``through assessments on all milk'' and 
inserting ``through voluntary assessments on milk''.
    (b) Definitions.--Section 111 of such Act (7 U.S.C. 4502) is 
amended--
            (1) by inserting ``(1)'' after (h)''; and
            (2) by adding at the end the following new paragraph:
            ``(2) the term `participating producer' means any producer 
        who voluntarily chooses to participate in the dairy research 
        and promotion order issued under section 112 and has paid all 
        assessments as provided in section 113(g);''.
    (c) Required Terms in Orders.--Section 113 of such Act (7 U.S.C. 
4504) is amended--
            (1) in subsection (b)--
                    (A) by striking ``Members of the Board shall be 
                milk producers'' and inserting ``Members of the Board 
                shall be participating producers;
                    (B) by striking ``if the Secretary determines that 
                a substantial number of milk producers are not 
                members'' and inserting ``if the Secretary determines 
                that a substantial number of participating producers 
                are not members'';
                    (C) by striking ``the geographical distribution of 
                milk production volume throughout the United States'' 
                and inserting ``the geographical distribution of milk 
                production volume by all participating producers in the 
                United States''; and
                    (D) by striking ``shall equally reflect each of the 
                different regions in the United States in which milk is 
                produced'' and inserting ``shall equally reflect each 
                of the different regions in which milk is produced by 
                participating producers'';
            (2) in section (g)--
                    (A) by striking ``The order shall provide that each 
                person making payment to a producer for milk produced 
                in the United States and purchased from the producer'' 
                and inserting ``The order shall provide that each 
                person making payment to a participating producer and 
                purchased from the participating producer''; and
                    (B) by striking ``Any person marketing milk of that 
                person's own production directly to consumers shall 
                remit'' and inserting ``Any person marketing milk of 
                that person's own production directly to consumers may 
                remit''; and
            (3) in subsection (k), by striking the first sentence and 
        inserting the following: ``The Secretary shall establish 
        appropriate accounting and bookkeeping requirements in the 
        order to effectuate the policy of this title.''.
    (d) Certification of Organizations.--Section 114 of such Act (7 
U.S.C. 4505) is amended--
            (1) in subsection (a), by striking ``to represent milk 
        producers'' and inserting ``to represent participating 
        producers'';
            (2) in subsection (b)(2), by inserting ``who are 
        participating producers after ``active milk producers''; and
            (3) in the matter following paragraph (6) of subsection 
        (b), by striking ``shall be whether its membership consists 
        primarily of milk producers'' and inserting ``shall be whether 
        its membership consists primarily of participating producers''.
    (e) Suspension and Termination of Orders.--Section 116 of such Act 
(7 U.S.C. 4507) is amended by striking subsection (b) and by 
redesignating subsection (c) as subsection (b).
    (f) Cooperative Association Representation.--Section 117 of such 
Act (7 U.S.C. 4508) is repealed.
    (g) Enforcement.--Section 119 of such Act (7 U.S.C. 4510) is 
amended by adding at the end the following new subsection:
    ``(d) Nothing in this section shall permit the Secretary to require 
or enforce the collection of assessments from producers that are not 
participating producers.''.
    (h) Investigations; Power to Subpoena.--Section 120 of such Act (7 
U.S.C. 4511) is amended by adding at the end the following new 
sentence: ``Nothing in this section shall permit the Secretary to 
require or enforce the collection of assessments from producers that 
are not participating producers.''.

SEC. 4. VOLUNTARY PARTICIPATION IN THE EGG RESEARCH AND PROMOTION 
              PROGRAM.

    (a) Congressional Findings and Declaration of Policy.--The third 
paragraph of section 2 of the Egg Research and Consumer Information Act 
(7 U.S.C. 2701) is amended by striking ``financing through an adequate 
assessment'' and inserting ``financing through a voluntary 
assessment''.
    (b) Definitions.--Section 3(e) of such Act (7 U.S.C. 2702(e)) is 
amended--
            (1) by inserting ``(1)'' after (e)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) The term `participating egg producer' means an egg producer 
who voluntarily chooses to participate in the egg research and consumer 
information order issued under section 4 and has paid all assessments 
as provided in section 8(e).''.
    (c) Issuance of Orders.--Section 4 of such Act (7 U.S.C. 2703) is 
amended by striking ``persons engaged in the hatching and/or sale of 
egg-type baby chicks'' and all that follows through the end of the 
section and inserting ``participating egg producers''.
    (d) Permissive Terms and Conditions in Orders.--Section 7(c) of 
such Act (7 U.S.C. 2706(c)) is amended--
            (1) by striking ``Providing that hatchery'' and all that 
        follows through ``pursuant to this chapter:'' and inserting 
        ``Providing for the establishment of appropriate accounting and 
        bookkeeping requirements to effectuate the policy of this 
        Act:''; and
            (2) by inserting at the end the following new sentence: 
        ``Nothing in this section shall permit the Secretary to require 
        or enforce the collection of assessments from egg producers 
        that are not participating egg producers.''.
    (e) Required Terms and Conditions in Orders.--Section 8 of such Act 
(7 U.S.C. 2708) is amended--
            (1) in subsection (b)--
                    (A) by striking ``shall be composed of egg 
                producers or representatives of egg producers'' and 
                inserting ``shall be composed of participating egg 
                producers or representatives of participating egg 
                producers'';
                    (B) by striking ``if the Secretary determines that 
                a substantial number of egg producers'' and inserting 
                ``if the Secretary determines that a substantial number 
                of participating egg producers''; and
                    (C) by striking ``the proportion of eggs produced 
                in each geographic area'' and inserting ``the 
                proportion of eggs produced by participating egg 
                producers in each geographic area'';
            (2) in subsection (e)(1)--
                    (A) by striking ``each egg producer'' and inserting 
                ``each participating egg producer''; and
                    (B) by striking ``an assessment'' and inserting ``a 
                voluntary assessment''; and
            (3) in subsection (e)(3), insert at the end the following 
        new sentence: ``Nothing in this section shall permit the 
        Secretary to require or enforce the collection of assessments 
        egg producers that are not participating egg producers.''.
    (f) Referendum Among Egg Producers.--Section 9 of such Act (7 
U.S.C. 2708) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Secretary shall conduct a 
                referendum among egg producers not exempt hereunder'' 
                and inserting ``The Secretary shall conduct a 
                referendum among participating egg producers''; and
                    (B) in the last sentence, by inserting ``by all 
                participating egg producers'' after ``commercial eggs 
                produced'';
            (2) in subsection (b)(2)(A)--
                    (A) by striking ``egg producers not exempt from 
                this Act'' and inserting ``participating egg 
                producers''; and
                    (B) by inserting ``participating egg'' after 
                ``ascertaining whether the'';
            (3) in subsection (b)(4), by striking ``is approved by 
        producers in a referendum conducted under this subsection, the 
        Secretary shall amend the order to reflect the vote of the 
        producers'' and insert in lieu thereof ``is approved by 
        participating egg producers in a referendum conducted under 
        this subsection, the Secretary shall amend the order to reflect 
        the vote of the participating egg producers''; and
            (4) in subsection (c), by striking ``egg producers'' and 
        inserting ``participating egg producers''.
    (g) Termination or Suspension of Orders.--Section 10 of such Act (7 
U.S.C. 2709) is amended--
            (1) by striking subsection (b); and
            (2) by redesignating subsection (c) as subsection (b).
    (h) Exempted Egg Producers and Breeding Hen Flocks; Conditions and 
Procedures.--Section 12 of such Act (7 U.S.C. 2711) is repealed.
    (i) Civil Enforcement Proceedings.--Section 15 of such Act (7 
U.S.C. 2714) by adding at the end the following new subsection:
    ``(c) Nothing in this section shall permit the Secretary to require 
or enforce the collection of assessments from egg producers that are 
not participating egg producers.''.
    (j) Investigations.--Section 18 of such Act (7 U.S.C. 2717) is 
amended by adding at the end the following new sentence: ``Nothing in 
this section shall permit the Secretary to require or enforce the 
collection of assessments from egg producers that are not participating 
egg producers.''.

SEC. 5. VOLUNTARY PARTICIPATION IN THE SHEEP AND SHEEP PRODUCTS 
              PROMOTION AND RESEARCH PROGRAM.

    (a) Congressional Findings and Declaration of Policy.--Section 2(b) 
of the Sheep Promotion, Research, and Information Act of 1994 (7 U.S.C. 
7101(b)) is amended by striking ``through adequate assessments'' and 
inserting ``through voluntary assessments''.
    (b) Definitions.--Section 3 of such Act (7 U.S.C. 7102) is 
amended--
            (1) in paragraph (9)--
                    (A) by inserting ``(A)'' after ``(9)''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(B) The term `participating exporter' means an exporter 
        who voluntarily chooses to participate in the order and has 
        paid all assessments as provided in section 5(i).'';
            (2) in paragraph (10)--
                    (A) by inserting ``(A)'' after ``(10)''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(B) The term `participating feeder' means a feeder who 
        voluntarily chooses to participate in the order and has paid 
        all assessments as provided in section 5(i).'';
            (3) in paragraph (12)--
                    (A) by inserting ``(A)'' after ``(12)''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(B) The term `participating handler' means a handler who 
        voluntarily chooses to participate in the order and has paid 
        all assessments as provided in section 5(i).'';
            (4) in paragraph (13)--
                    (A) by inserting ``(A)'' after ``(13)''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(B) The term `participating importer' means an importer 
        who voluntarily chooses to participate in the order and has 
        paid all assessments as provided in section 5(i).''; and
            (5) in paragraph (18)--
                    (A) by inserting ``(A)'' after ``(18)''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(B) The term `participating producer' means a producer 
        who voluntarily chooses to participate in the order and has 
        paid all assessments as provided in section 5(i).''.
    (c) Required Terms in Orders.--Section 5 of such Act (7 U.S.C. 
7104) is amended--
            (1) in subsection (b)(1)--
                    (A) in subparagraph (A), by striking ``Producers'' 
                and inserting ``Participating producers'';
                    (B) in subparagraph (B), by inserting ``who are 
                participating feeders'' before the period; and
                    (C) in subparagraph (C), by striking ``Importers'' 
                and inserting ``Participating importers'';
            (2) in subsection (c)(1)(i), by striking ``feeders or 
        importers'' and inserting ``participating feeders or 
        participating importers'';
            (3) in subsection (c)(3)(B)(ii), by striking ``producers'' 
        and inserting ``participating producers'';
            (4) in subsection (c)(3)(C)(i), by striking ``producers'' 
        and inserting ``participating producers'';
            (5) in subsection (e)(12), by striking ``producers, 
        feeders, and importers'' and inserting ``participating 
        producers, participating feeders, and participating 
        importers'';
            (6) in subsection (g)(2)(A)--
                    (A) in clause (i), by striking ``producers'' and 
                inserting ``participating producers'';
                    (B) in clause (ii), by striking ``feeders'' and 
                inserting ``participating feeders''; and
                    (C) in clause (iii), by striking ``importers'' and 
                inserting ``participating importers'';
            (7) in subsection (m)(1), by adding at the end the 
        following new sentence: ``This paragraph shall apply only to 
        participating producers, participating feeders, participating 
        handlers, participating importers, participating exporters, and 
        other persons who voluntarily participate in the order.''.
    (d) Assessments.--Subsection (i) of section 5 of such Act (7 U.S.C. 
7104) is amended--
            (1) in paragraph (1)(A), by striking ``producer or feeder'' 
        and inserting ``participating producer or participating 
        feeder'';
            (2) in paragraph (1)(B), by striking ``seller'' and 
        inserting ``seller (if the seller is participating in the 
        order)'';
            (3) in paragraph (2)(A), by striking ``producer, feeder, or 
        handler'' and inserting ``participating producer, participating 
        feeder, or participating handler'';
            (4) in paragraph (3), by striking ``any person'' and 
        inserting ``any person voluntarily participating in the order 
        who is'';
            (5) in paragraph (4), by striking ``person exporting'' and 
        inserting ``any participating exporter who exports''; and
            (6) in paragraph (5), by striking ``any person'' both 
        places it appears and inserting ``any importer who is''.
    (e) Requirements of Referendum.--Section 6 of such Act (7 U.S.C. 
7105) is amended by striking subsection (b) and redesignating 
subsection (c) as subsection (b).
    (f) Enforcement.--Section 8 of such Act (7 U.S.C. 7107) is amended 
by adding at the end the following new subsection:
    ``(h) Clarification of Voluntary Nature of Order.--Nothing in this 
section shall permit the Secretary to require or enforce the collection 
of assessments under section 5(i) from persons who are not voluntarily 
participating in the order.''.
                                 <all>
HR 2502 IH----2