[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1123 Introduced in Senate (IS)]






107th CONGRESS
  1st Session
                                S. 1123

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, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2001

  Mr. Feingold (for himself, Mr. Craig, 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, 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.

    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--
            (1) in the first sentence--
                    (A) by inserting after ``commercial use'' the 
                following: ``and on imported dairy products''; and
                    (B) by striking ``products produced in the United 
                States.'' and inserting ``products.''; and
            (2) in the second sentence, by inserting after ``produce 
        milk'' the following: ``or the right of any person to import 
        dairy 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, cream, and fresh and dried dairy 
                products;
                    ``(2) butter and butterfat mixtures;
                    ``(3) cheese; and
                    ``(4) casein and mixtures;
            ``(n) the term `importer' means any person that imports an 
        imported dairy product from outside the United States for sale 
        in the United States as a principal or as an agent, broker, or 
        consignee of any person; and
            ``(o) the term `Customs' means the United States Customs 
        Service.''.
    (c) 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.--The Secretary shall appoint not 
                more than 2 members who are--
                            ``(i) representatives of importers of dairy 
                        products; and
                            ``(ii) subject to an assessment under the 
                        order.
                    ``(B) Representation.--The number of members 
                appointed under subparagraph (A) shall reflect the 
                proportion of domestic production and imports supplying 
                the United States market, as determined by the 
                Secretary on the basis of--
                            ``(i) the average quantity of dairy 
                        products produced in the United States during 
                        the 3 preceding fiscal years; to
                            ``(ii) the average volume of imports of 
                        dairy products imported into the United States 
                        during the 3 preceding fiscal years.
                    ``(C) Additional members; nomination.--The members 
                appointed under this paragraph--
                            ``(i) shall be in addition to the total 
                        number of 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) Timing.--
                            ``(i) In general.--An assessment on 
                        imported dairy products shall be paid by the 
                        importer to Customs at the time of entry of the 
                        products into the United States and shall be 
                        remitted to the Board.
                            ``(ii) Entry into the united states.--For 
                        purposes of this paragraph, entry of the 
                        products into the United States shall be 
                        considered to have occurred when the products 
                        are released from the custody of Customs and 
                        introduced into the stream of commerce in the 
                        United States.
                    ``(C) 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.
                    ``(D) Value of products.--For the purpose of 
                determining the assessment on imported dairy products 
                under subparagraph (C), the value to be placed on 
                imported dairy products shall be established by the 
                Secretary in a fair and equitable manner.
                    ``(E) Restriction on use.--An assessment collected 
                on imported dairy products shall not be used for 
                foreign market promotion.''.
    (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''.
    (f) Importer Eligibility To Vote in Referendum.--Section 116(b) of 
the Dairy Promotion Stabilization Act of 1983 (7 U.S.C. 4507(b)) is 
amended--
            (1) in the first sentence--
                    (A) by inserting after ``of producers'' the 
                following: ``and importers''; and
                    (B) by inserting after ``the producers'' the 
                following: ``and importers''; and
            (2) in the second sentence, by inserting after ``of the 
        producers'' the following: ``and importers''.
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