[Congressional Record Volume 140, Number 2 (Wednesday, January 26, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: January 26, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
              HOUSE CONSIDERATION OF S. 717, EGG CHECKOFF

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                               speech of

                           HON. E de la GARZA

                                of texas

                    in the house of representatives

                       Sunday, November 21, 1993

  Mr. de la GARZA. Mr. Speaker, S. 717 is analogous to title I of H.R. 
3515 that was passed under suspension by the House on Friday.
  S. 717, like the House-passed bill, makes a number of changes in the 
current egg checkoff program. The changes will allow for an increase in 
the maximum assessment rate, subject to approval through a producer 
referendum. The bill exempts those egg producers who have 75,000 laying 
hens or less from the assessment.
  S. 717 allows for an assessment rate increase up to only 20 cents. 
The House bill would have allowed the assessment rate to be increased 
from the current 10 cents per case to up to 30 cents.
  Section 3 of the Senate bill requires that in future years, the Egg 
Board allocate a proportion of funds for research comparable to the 
proportion for research funded in fiscal year 1993. The House bill had 
no similar provision. It is not intended that this language be a rigid 
formula and the language specifically provides that this is to be done 
only ``to the maximum extent practicable.'' The Subcommittee on 
Livestock of the committee has not had hearings on this provision, and 
we may find it necessary to revisit this provision.
  Mr. Speaker, I would like to clarify a provision in the bill. Section 
5 states that the amendments to the egg research and promotion order 
necessary to implement all of the amendments made by the bill would be 
subject to informal rulemaking and not subject to a referendum. Under 
the amendments made to the Egg Research and Consumer Information Act, 
any increases in the assessment rate would, of course, be subject to a 
referendum. Decreases in the assessment rate, the change in the 
producer exemption, and the research provision are not subject to a 
referendum. Too, the Secretary may find it appropriate in amending the 
outstanding order under the basic act to incorporate the change in the 
producer exemption, the research provision, and the maximum level of 
assessment without notice and comment. Of course, with respect to 
amendments to the order to increase the operative assessment or other 
items, the Secretary could determine that, in addition to notice and 
comment, hearings would be appropriate.
  Mr. Speaker, the passage and enactment of S. 717 before the end of 
the year would allow USDA to initiate these changes in an expeditious 
manner. I urge the passage of the legislation.

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