[Congressional Record Volume 147, Number 7 (Monday, January 22, 2001)]
[Senate]
[Page S383]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD (for himself and Mr. Kohl):
  S. 111. 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; to the 
Committee on Agriculture, Nutrition, and Forestry.


                      dairy promotion fairness act

  Mr. FEINGOLD. Mr. President, I rise today with my colleague Senator 
Kohl to introduce the ``Dairy Promotion Fairness Act.'' This 
legislation provides equity to domestic producers who have been paying 
into the Promotion Program while importers have gotten a free ride. 
Since the National Dairy Promotion and Research Board conducts only 
generic promotion and general product research, domestic farmers and 
importers alike benefit from these actions. The Dairy Promotion 
Fairness Act requires that all dairy product importers contribute to 
the program.
  This bill supports the dairy marketing board's efforts to educate 
consumers on the nutritional value of dairy products. It also treats 
our farmers fairly--by asking them not to bear the entire financial 
burden for a promotional program that benefits importers and domestic 
producers alike. We have put our own producers at a competitive 
disadvantage for far too long. It's high time importers paid for their 
fair share of the program.
  Mr. President, I ask unanimous consent that the full text of the bill 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 111

       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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