[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4223 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4223

To require the Commodity Credit Corporation to support the development 
  of a domestic casein and milk protein concentrate industry, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2004

   Mr. Nunes (for himself, Mr. Sherwood, Mr. Green of Wisconsin, Mr. 
Cardoza, Mr. Pombo, Mr. McCotter, Mr. Radanovich, Mr. Mario Diaz-Balart 
of Florida, Mr. Pearce, Mr. Simpson, Mr. Peterson of Minnesota, and Mr. 
 LaTourette) introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
To require the Commodity Credit Corporation to support the development 
  of a domestic casein and milk protein concentrate industry, 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. UNITED STATES DAIRY PROTEINS INCENTIVE PROGRAM.

    (a) Establishment and Purpose.--The Commodity Credit Corporation 
shall establish and operate a program under section 5 of the Commodity 
Credit Corporation Charter Act (15 U.S.C. 714c) to support the 
development of a casein and milk protein concentrate industry in the 48 
contiguous States.
    (b) Program Described.--Under the program, the Corporation shall 
make payments, on a bid basis, to an entity that produces and markets 
dairy proteins produced from liquid skim milk. The Secretary of 
Agriculture shall have sole discretion to accept or reject bids under 
such criteria as the Secretary considers appropriate.
    (c) Rules and Regulations.--The program shall be operated under 
such rules and regulations issued by the Secretary as the Secretary 
considers necessary to ensure, among other things, that--
            (1) receipt of a payment is contingent upon the end use of 
        the dairy proteins produced;
            (2) no applicant receives a payment if the contract 
        submitted for review would result in the undercutting of 
        domestic prices for milk, nonfat dry milk, or dairy proteins; 
        and
            (3) the sale of the dairy proteins represents a new use of 
        the domestically produced dairy proteins.
    (d) Cheese Products Exception.--The sale of dairy proteins for use 
in the production of standardized cheeses, as determined by the 
Secretary, shall not be eligible to receive payments under the program.
    (e) Payment Rate.--Payments made under the program shall be made at 
a rate or rates established or approved by the Secretary. Any such rate 
shall be published in the Federal Register or publicly announced 
through other appropriate means, and shall be at a level or levels that 
will encourage the development of a dairy proteins industry in the 48 
contiguous States.
    (f) Implementation of Program.--The Secretary shall develop 
regulations and implement the program not later than 180 days after the 
date of the enactment of this section.
    (g) Treaty Obligations.--The Secretary shall carry out the program 
in a manner consistent with the obligations of the United States as a 
member of the World Trade Organization.
    (h) Dairy Protein Definition.--In this section, the term ``dairy 
proteins'' means whey, whey protein concentrate, casein, or milk 
protein concentrate.
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