I
104TH CONGRESS
1ST SESSION
H. R. 2502
To amend various commodity research and promotion laws to make
participation in such programs voluntary.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 18, 1995
Mr. SCHUMER (for himself and Mr. ZIMMER) introduced the following bill;
which was referred to the Committee on Agriculture
A BILL
To amend various commodity research and promotion laws
to make participation in such programs voluntary.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. VOLUNTARY PARTICIPATION IN THE BEEF
PROMOTION AND RESEARCH PROGRAM.
(a) CONGRESSIONAL FINDINGS AND DECLARATION
OF POLICY.—Section 2(b) of the Beef Research and Infor-
mation Act (7 U.S.C. 2901(b)) is amended by striking
‘‘through assessments on all cattle’’ and inserting
‘‘through voluntary assessments on cattle’’.
(b) DEFINITIONS.—Section 3 of such Act (7 U.S.C.
2902) is amended—
(1) in paragraph (8)—
(A) by inserting ‘‘(A)’’ after ‘‘(8)’’; and
(B) by adding at the end the following new
subparagraph:
‘‘(B) the term ‘participating importer’ means
an importer who voluntarily chooses to participate in
the order and has paid all assessments as provided
in section 5(8);’’; and
(2) in paragraph (12)—
(A) by inserting ‘‘(A)’’ after ‘‘(12)’’; and
(B) by adding at the end the following new
subparagraph:
‘‘(B) the term ‘participating producer’ means a
producer who voluntarily chooses to participate in
the order and has paid all assessments as provided
in section 5(8);’’.
(c) REQUIRED TERMS IN ORDERS.—Section 5 of
such Act (7 U.S.C. 2904) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘Members of the Board
shall be cattle producers and importers’’ and in-
serting ‘‘Members of the Board shall be partici-
pating producers and participating importers’’;
(B) by striking ‘‘nominations submitted by
importers’’ and inserting ‘‘nominations submit-
ted by participating importers’’;
(C) by striking ‘‘Each State that has a
total cattle’’ and inserting ‘‘Each State whose
participating producers have a total cattle’’;
(D) by striking ‘‘A State that has a total
inventory of fewer than’’ and inserting ‘‘A State
whose participating producers have a total in-
ventory of fewer than’’; and
(E) by striking ‘‘The number of members
on the Board that represent importers’’ and in-
serting ‘‘The number of members on the Board
that represent participating importers’’;
(2) in paragraph (4)(A), by striking ‘‘and ten
producers elected’’ and inserting ‘‘and ten partici-
pating producers elected’’;
(3) in paragraph (8)(A), by striking ‘‘payment
to a producer for cattle purchased from the pro-
ducer’’ and inserting ‘‘payment to a participating
producer for cattle purchased from the participating
producer’’; and
(4) in paragraph (8)(C)—
(A) by striking ‘‘shall provide that each
importer of cattle, beef, or beef products shall
pay an assessment’’ and inserting ‘‘shall pro-
vide that each participating importer may pay
a voluntary assessment’’; and
(B) by striking ‘‘from cattle of the person’s
own production shall’’ and inserting ‘‘from cat-
tle of the person’s own production may’’; and
(5) in paragraph (11), by striking the first sen-
tence and inserting ‘‘The Secretary shall establish
appropriate accounting and bookkeeping require-
ments in the order to effectuate the policy of this
Act.’’.
(d) CERTIFICATION OF ORGANIZATIONS TO NOMI-
NATE.—Section 6 of such Act (7 U.S.C. 2905) is amend-
ed—
(1) in subsection (a), by striking ‘‘The eligi-
bility of any State organization to represent produc-
ers’’ and inserting ‘‘The eligibility of any State orga-
nization to represent participating producers’’; and
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘cattle
producers or the association or organization’s
total paid membership represents at least a ma-
jority of the cattle producers’’ and inserting
‘‘participating cattle producers or the associa-
tion or organization’s total paid membership
represents at least a majority of the participat-
ing cattle producers’’; and
(B) in paragraph (2), by striking ‘‘rep-
resents a substantial number of producers’’ and
inserting ‘‘represents a substantial number of
participating producers’’.
(e) REQUIREMENTS OF REFERENDUM.—Section 7 of
such Act (7 U.S.C. 2906) is amended by striking sub-
section (b) and redesignating subsection (c) as subsection
(b).
(f) ENFORCEMENT.—Section 9 of such Act (7 U.S.C.
2908) is amended by adding at the end the following new
subsection:
‘‘(d) Nothing in this section shall permit the Sec-
retary to require or enforce the collection of assessments
from producers that are not participating producers and
importers that are not participating importers.’’.
(g) INVESTIGATIONS.—Section 10 of such Act (7
U.S.C. 2909) is amended by adding at the end the follow-
ing new sentence: Nothing in this section shall permit the
Secretary to require or enforce the collection of assess-
ments from producers that are not participating producers
and importers that are not participating importers.’’.
SEC. 2. VOLUNTARY PARTICIPATION IN THE PORK PRO-
MOTION AND RESEARCH PROGRAM.
(a) CONGRESSIONAL FINDINGS AND DECLARATION
OF PURPOSE.—Section 1612(b)(1) of the Pork Pro-
motion, Research, and Consumer Information Act of 1985
(7 U.S.C. 4801(b)(1)) is amended by striking ‘‘through
adequate assessments’’ and insert ‘‘through voluntary as-
sessments’’.
(b) DEFINITIONS.—Section 1613 of such Act (7
U.S.C. 4802)—
(1) in paragraph (5)—
(A) by inserting ‘‘(A)’’ after (5)’’; and
(B) by adding at the end the following new
subparagraph:
‘‘(B) The term ‘participating importer’ means
an importer who voluntarily chooses to participate in
the pork promotion and research order issued under
section 1614 and has paid all assessments as pro-
vided in section 1620.’’; and
(2) in paragraph (11)—
(A) by inserting ‘‘(A)’’ after (11)’’; and
(B) by adding at the end the following new
subparagraph:
‘‘(B) The term ‘participating producer’ means a
producer who chooses to participate in the pork pro-
motion and research order issued under section 1614
and has paid all assessments as provided in section
1620.’’.
(c) PORK AND PORK PRODUCT ORDERS.—Section
1614(a) of such Act (7 U.S.C. 4803(a)) is amended—
(1) by striking ‘‘persons engaged in—’’ and in-
serting ‘‘all participating producers and participat-
ing importers.’’; and
(2) by striking paragraphs (1) and (2).
(d) 
NATIONAL
PORK
PRODUCERS
DELEGATE
BODY.—Section 1617 of such Act (7 U.S.C. 4806) is
amended—
(1) in subsection (b)(1)—
(A) in subparagraph (A), by striking ‘‘pro-
ducers’’ and inserting ‘‘participating produc-
ers’’; and
(B) in subparagraph (B), by striking ‘‘im-
porters’’ and inserting ‘‘participating import-
ers’’;
(2) in subsection (b)(2)(A)(i), by striking ‘‘mar-
keted from such State’’ and inserting ‘‘marketed by
participating producers from such State’’; and
(3) in subsection (b)(3)(A)(ii), by striking
‘‘from importers’’ and inserting ‘‘from participating
importers’’.
(A) by striking ‘‘(A)’’ after ‘‘(4)’’;
(B) by striking ‘‘shall be assessed’’ and in-
serting ‘‘may be assessed’’; and
(C) by striking subparagraph (B); and
(3) in subsection (c)(1)(A)(i), by striking ‘‘by
persons described in subsection (a)(1) (A) and (B)’’
through the end of the clause and inserting in lieu
thereof ‘‘by participating producers; and’’.
(h) PERMISSIVE PROVISIONS.—Section 1621 of such
Act (7 U.S.C. 4810) is amended—
(1) by striking subsection (a) and inserting in
lieu thereof the following new subsection:
‘‘(a) The Secretary shall establish appropriate ac-
counting and bookkeeping requirements by order to effec-
tuate the policy of this subtitle.’’;
(2) in subsection (b), by striking ‘‘subsection
(a)(1)’’ both places it appears and inserting ‘‘sub-
section (a)’’; and
(3) in subsection (c), by striking ‘‘subsection
(a)(1) or (b)’’ and inserting ‘‘subsection (a)’’.
(i) REFERENDUM.—Section 1622(e) of such Act (7
U.S.C. 4811(e)) is amended by striking ‘‘pursuant to this
section’’ and inserting ‘‘among all participating producers
and participating importers’’.
(j) SUSPENSION AND TERMINATION OF ORDERS.—
Section 1623 of such Act (7 U.S.C. 4812) is amended by
striking subsection (b) and redesignating subsection (c) as
subsection (b).
(k) ENFORCEMENT.—Section 1626 of such Act (7
U.S.C. 4815) is amended by adding at the end the follow-
ing new subsection:
‘‘(d) Nothing in this section shall permit the Sec-
retary to require or enforce the collection of assessments
from producers that are not participating producers and
importers that are not participating importers.’’.
(l) INVESTIGATIONS.—Section 1627 of such Act (7
U.S.C. 4816) is amended by adding at the end the follow-
ing new subsection:
‘‘(d) Nothing in this section shall permit the Sec-
retary to require or enforce the collection of assessments
from producers that are not participating producers and
importers that are not participating importers.’’.
SEC. 3. VOLUNTARY PARTICIPATION IN DAIRY RESEARCH
AND PROMOTION PROGRAM.
(a) CONGRESSIONAL FINDINGS AND DECLARATION
OF POLICY.—Section 110(b) of the Dairy Production Sta-
bilization Act of 1983 (7 U.S.C. 4501(b)) is amended by
striking ‘‘through assessments on all milk’’ and inserting
‘‘through voluntary assessments on milk’’.
(b) DEFINITIONS.—Section 111 of such Act (7
U.S.C. 4502) is amended—
(1) by inserting ‘‘(1)’’ after (h)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) the term ‘participating producer’ means
any producer who voluntarily chooses to participate
in the dairy research and promotion order issued
under section 112 and has paid all assessments as
provided in section 113(g);’’.
(c) REQUIRED TERMS IN ORDERS.—Section 113 of
such Act (7 U.S.C. 4504) is amended—
(1) in subsection (b)—
(A) by striking ‘‘Members of the Board
shall be milk producers’’ and inserting ‘‘Mem-
bers of the Board shall be participating produc-
ers;
(B) by striking ‘‘if the Secretary deter-
mines that a substantial number of milk pro-
ducers are not members’’ and inserting ‘‘if the
Secretary determines that a substantial number
of participating producers are not members’’;
(C) by striking ‘‘the geographical distribu-
tion of milk production volume throughout the
United States’’ and inserting ‘‘the geographical
distribution of milk production volume by all
participating producers in the United States’’;
and
(D) by striking ‘‘shall equally reflect each
of the different regions in the United States in
which milk is produced’’ and inserting ‘‘shall
equally reflect each of the different regions in
which milk is produced by participating produc-
ers’’;
(2) in section (g)—
(A) by striking ‘‘The order shall provide
that each person making payment to a producer
for milk produced in the United States and
purchased from the producer’’ and inserting
‘‘The order shall provide that each person mak-
ing payment to a participating producer and
purchased from the participating producer’’;
and
(B) by striking ‘‘Any person marketing
milk of that person’s own production directly to
consumers shall remit’’ and inserting ‘‘Any per-
son marketing milk of that person’s own pro-
duction directly to consumers may remit’’; and
(3) in subsection (k), by striking the first sen-
tence and inserting the following: ‘‘The Secretary
shall establish appropriate accounting and book-
keeping requirements in the order to effectuate the
policy of this title.’’.
(d) CERTIFICATION
OF ORGANIZATIONS.—Section
114 of such Act (7 U.S.C. 4505) is amended—
(1) in subsection (a), by striking ‘‘to represent
milk producers’’ and inserting ‘‘to represent partici-
pating producers’’;
(2) in subsection (b)(2), by inserting ‘‘who are
participating producers after ‘‘active milk produc-
ers’’; and
(3) in the matter following paragraph (6) of
subsection (b), by striking ‘‘shall be whether its
membership consists primarily of milk producers’’
and inserting ‘‘shall be whether its membership con-
sists primarily of participating producers’’.
(e) SUSPENSION AND TERMINATION OF ORDERS.—
Section 116 of such Act (7 U.S.C. 4507) is amended by
striking subsection (b) and by redesignating subsection (c)
as subsection (b).
(f) COOPERATIVE ASSOCIATION REPRESENTATION.—
Section 117 of such Act (7 U.S.C. 4508) is repealed.
(g) ENFORCEMENT.—Section 119 of such Act (7
U.S.C. 4510) is amended by adding at the end the follow-
ing new subsection: