[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 111 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 111

To amend the Dairy Production Stabilization Act of 1983 to ensure that 
 all persons who benefit from the dairy promotion and research program 
                 contribute to the cost of the program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2001

Mr. Feingold (for himself and Mr. Kohl) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To amend the Dairy Production Stabilization Act of 1983 to ensure that 
 all persons who benefit from the dairy promotion and research program 
                 contribute to the cost of the program.

    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 ``Dairy Promotion Fairness Act''.

SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM.

    (a) Declaration of Policy.--Section 110(b) of the Dairy Production 
Stabilization Act of 1983 (7 U.S.C. 4501(b)) is amended in the first 
sentence--
            (1) by inserting after ``commercial use'' the following: 
        ``and on imported dairy products''; and
            (2) by striking ``products produced in the United States.'' 
        and inserting ``products.''.
    (b) Definitions.--Section 111 of the Dairy Production Stabilization 
Act of 1983 (7 U.S.C. 4502) is amended--
            (1) in subsection (k), by striking ``and'' at the end;
            (2) in subsection (l), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(m) the term `imported dairy product' means any dairy 
        product that is imported into the United States, including 
        dairy products imported into the United States in the form of--
                    ``(1) milk and cream and fresh and dried dairy 
                products;
                    ``(2) butter and butterfat mixtures;
                    ``(3) cheese; and
                    ``(4) casein and mixtures; and
            ``(n) the term `importer' means a person that imports an 
        imported dairy product into the United States.''.
    (c) Contingent Representation of Importers on Board.--Section 
113(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 
4504(b)) is amended--
            (1) by inserting ``National Dairy Promotion and Research 
        Board.--'' after ``(b)'';
            (2) by designating the first through ninth sentences as 
        paragraphs (1) through (5) and paragraphs (7) through (10), 
        respectively, and indenting appropriately;
            (3) in paragraph (2) (as so designated), by striking 
        ``Members'' and inserting ``Except as provided in paragraph 
        (6), the members''; and
            (4) by inserting after paragraph (5) (as so designated) the 
        following:
            ``(6) Importers.--
                    ``(A) In general.--If representation of importers 
                of imported dairy products is required on the Board by 
                another law or a treaty to which the United States is a 
                party, the Secretary shall appoint not more than 2 
                members who are representatives of importers.
                    ``(B) Additional members; procedures.--The members 
                appointed under this paragraph--
                            ``(i) shall be in addition to the members 
                        appointed under paragraph (2); and
                            ``(ii) shall be appointed from nominations 
                        submitted by importers under such procedures as 
                        the Secretary determines to be appropriate.''.
    (d) Importer Assessment.--Section 113(g) of the Dairy Production 
Stabilization Act of 1983 (7 U.S.C. 4504(g)) is amended--
            (1) by inserting ``Assessments.--'' after ``(g)'';
            (2) by designating the first through fifth sentences as 
        paragraphs (1) through (5), respectively, and indenting 
        appropriately; and
            (3) by adding at the end the following:
            ``(6) Importers.--
                    ``(A) In general.--The order shall provide that 
                each importer of imported dairy products shall pay an 
                assessment to the Board in the manner prescribed by the 
                order.
                    ``(B) Rate.--The rate of assessment on imported 
                dairy products shall be determined in the same manner 
                as the rate of assessment per hundredweight or the 
                equivalent of milk.
                    ``(C) Value of products.--For the purpose of 
                determining the assessment on imported dairy products 
                under subparagraph (B), the value to be placed on 
                imported dairy products shall be established by the 
                Secretary in a fair and equitable manner.''.
    (e) Records.--Section 113(k) of the Dairy Production Stabilization 
Act of 1983 (7 U.S.C. 4504(k)) is amended in the first sentence by 
striking ``person receiving'' and inserting ``importer of imported 
dairy products, each person receiving''.
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