II

104TH CONGRESS

1ST SESSION S. 224

To amend the Dairy Production Stabilization Act of 1983 to require that

members of the National Dairy Promotion and Research Board be elected

by milk producers and to prohibit bloc voting by cooperative associations

of milk producers in the election of the producers, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 12 (legislative day, JANUARY 10), 1995

Mr. KOHL (for himself and Mr. FEINGOLD) 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 require that members of the National Dairy Promotion and Research Board be elected by milk producers

and to prohibit bloc voting by cooperative associations

of milk producers in the election of the producers, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Dairy Pro5 motion Reform Act of 1995’’.
2

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1 SEC. 2. DAIRY VOTING REFORM.

2 Section 113(b) of the Dairy Production Stabilization

3 Act of 1983 (7 U.S.C. 4504(b)) is amended—

4 (1) by designating the first and second sen5 tences as paragraphs (1) and (2), respectively;

6 (2) by designating the third through fifth sen7 tences as paragraph (3);

8 (3) by designating the sixth sentence as para9 graph (4);

10 (4) by designating the seventh and eighth sen11 tences as paragraph (5);

12 (5) by designating the ninth sentence as para13 graph (6);

14 (6) in paragraph (1) (as so designated), by

15 striking ‘‘and appointment’’;

16 (7) by striking paragraph (2) (as so designated)

17 and inserting the following new paragraph:

18 ‘‘(2)(A)(i) Subject to clause (ii), members of the

19 Board shall be milk producers nominated in accordance

20 with subparagraph (B) and elected by a vote of producers

21 through a process established by the Secretary.

22 ‘‘(ii) In carrying out clause (i), the Secretary shall

23 not permit an organization certified under section 114 to

24 vote on behalf of the members of the organization.

25 ‘‘(B) Nominations shall be submitted by organiza26 tions certified under section 114, or, if the Secretary de-
3

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1 termines that a substantial number of milk producers are

2 not members of, or the interests of the producers are not

3 represented by, a certified organization, from nominations

4 submitted by the producers in the manner authorized by

5 the Secretary. In submitting nominations, each certified

6 organization shall demonstrate to the satisfaction of the

7 Secretary that the milk producers who are members of the

8 organization have been fully consulted in the nomination

9 process.’’;

10 (8) in the first sentence of paragraph (3) (as so

11 designated), by striking ‘‘In making such appoint12 ments,’’ and inserting ‘‘In establishing the process

13 for the election of members of the Board,’’; and

14 (9) in paragraph (4) (as so designated)—

15 (A) by striking ‘‘appointment’’ and insert16 ing ‘‘election’’; and

17 (B) by striking ‘‘appointments’’ and insert18 ing ‘‘elections’’.

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