| Home > 106th Congressional Bills > H.R. 1403 (ih) To nullify the effect of certain provisions of various Executive orders. [Introduced in House] ...
H.R. 1403 (ih) To nullify the effect of certain provisions of various Executive orders. [Introduced in House] ...
Union Calendar No. 137 106th CONGRESS 1st Session H. R. 1402 [Report No. 106-239] To require the Secretary of Agriculture to implement the Class I milk price structure known as Option 1A as part of the implementation of the final rule to consolidate Federal milk marketing orders. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 14, 1999 Mr. Blunt (for himself, Mr. Sweeney, Mr. Stenholm, Mr. McHugh, Mr. Holden, Mr. Etheridge, Mr. Reynolds, Mr. Baldacci, Mrs. Thurman, Mr. Hutchinson, Mrs. Clayton, Mr. Houghton, Mr. Skeen, Mr. Boehlert, Mr. Walsh, Mr. Norwood, Mr. Aderholt, Mr. Callahan, Mr. Cramer, Mr. Hilliard, Mr. Riley, Mr. Dickey, Mr. Pastor, Mr. Farr of California, Mr. Lewis of California, Mr. Hefley, Ms. DeLauro, Mr. Gejdenson, Mrs. Johnson of Connecticut, Mr. Maloney of Connecticut, Mr. Boyd, Ms. Brown of Florida, Mr. Canady of Florida, Mr. Davis of Florida, Mr. Deutsch, Mr. Foley, Mrs. Fowler, Mr. McCollum, Mr. Mica, Ms. Ros-Lehtinen, Mr. Stearns, Mr. Barr of Georgia, Mr. Bishop, Mr. Chambliss, Mr. Collins, Mr. Deal of Georgia, Mr. Kingston, Mr. Lewis of Georgia, Mr. Linder, Mr. Fletcher, Mr. Lewis of Kentucky, Mr. Whitfield, Mr. Baker, Mr. Cooksey, Mr. Jefferson, Mr. John, Mr. McCrery, Mr. Capuano, Mr. McGovern, Mr. Olver, Mr. Bartlett of Maryland, Mr. Gilchrest, Mrs. Morella, Mr. Allen, Mr. Barcia, Ms. Danner, Mrs. Emerson, Mr. Hulshof, Mr. Skelton, Mr. Talent, Mr. Pickering, Mr. Shows, Mr. Taylor of Mississippi, Mr. Thompson of Mississippi, Mr. Burr of North Carolina, Mr. Coble, Mr. Hayes, Mr. McIntyre, Mrs. Myrick, Mr. Price of North Carolina, Mr. Taylor of North Carolina, Mr. Bass, Mr. Sununu, Mr. Andrews, Mr. Saxton, Mr. Crowley, Mr. Forbes, Mr. Gilman, Mr. Hinchey, Mrs. Kelly, Mr. LaFalce, Mrs. Lowey, Mrs. McCarthy of New York, Mr. Rangel, Mr. Towns, Mr. Ney, Mr. Strickland, Mr. Watkins, Mr. Doyle, Mr. Greenwood, Mr. Kanjorski, Mr. Klink, Mr. Mascara, Mr. Peterson of Pennsylvania, Mr. Pitts, Mr. Shuster, Mr. Clyburn, Mr. Bryant, Mr. Hilleary, Mr. Jenkins, Mr. Tanner, Mr. Bonilla, Mr. Hall of Texas, Mr. Sandlin, Mr. Thornberry, Mr. Hansen, Mr. Goode, Mr. Pickett, Mr. Scott, Mr. Wolf, Mr. Sanders, Ms. Dunn, Mr. Metcalf, Mr. Nethercutt, Mr. Mollohan, Mr. Rahall, and Mr. Wise) introduced the following bill; which was referred to the Committee on Agriculture July 19, 1999 Additional sponsors: Mr. Castle, Mr. Fossella, Mr. King, Mr. McNulty, Mr. Nadler, Mr. Quinn, Mr. Lampson, Mr. English, Mr. Filner, Ms. Slaughter, Mr. Sherwood, Mr. Lazio, Mr. Berry, Mr. Tauzin, Mr. Bonior, Mr. Wicker, Mr. Ballenger, Mr. Jones of North Carolina, Mr. Bentsen, Mr. Sisisky, Mr. Rodriguez, Mr. Wynn, Mr. McInnis, Mr. Isakson, Mr. Everett, Mr. Shadegg, Mr. Turner, Ms. McCarthy of Missouri, Mr. Edwards, Mrs. Meek of Florida, Mr. Diaz-Balart, Mr. Udall of New Mexico, Mr. Lucas of Kentucky, Ms. Stabenow, Mr. Camp, Mr. Snyder, Mr. LaHood, Ms. McKinney, Mr. Hastings of Florida, Mr. Stump, Mr. Lucas of Oklahoma, Mr. Condit, Mr. Smith of Michigan, Mr. Bilirakis, Mr. Moran of Kansas, Mr. Wexler, Mr. Weldon of Florida, Mr. Burton of Indiana, Mr. Cook, Mr. Bachus, Mr. Frost, Mr. Boucher, Mr. Wamp, Mr. Kildee, Mrs. Northup, Mr. Hayworth, Mr. Gonzalez, Mr. Gordon, Mr. Green of Texas, Mr. Traficant, Mr. Brady of Texas, Mr. Clay, Mr. Hill of Montana, Mr. Largent, Mr. Goodlatte, Mr. Neal of Massachusetts, Mr. Smith of Washington, Mr. Spence, Ms. Hooley of Oregon, Mr. Simpson, Mr. Young of Alaska, Mr. Larson, Mr. Inslee, Mr. Spratt, Mr. Cannon, Mr. Gary Miller of California, Mr. Hastings of Washington, Mr. Radanovich, Ms. Woolsey, Mr. DeLay, Mr. Ryun of Kansas, Mr. Phelps, Mr. Reyes, Mr. Hinojosa, Mr. Levin, Mr. Brown of California, Mr. Rogers, Ms. Jackson- Lee of Texas, Mr. Regula, Mr. McKeon, Mr. Udall of Colorado, Mr. Goodling, Mr. Dicks, Mr. Martinez, Mr. Abercrombie, Mr. Cunningham, Mr. Duncan, Mr. Kennedy of Rhode Island, Mr. Gibbons, Mr. Ehrlich, Mr. Ortiz, and Mr. Cummings July 19, 1999 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on April 14, 1999] _______________________________________________________________________ A BILL To require the Secretary of Agriculture to implement the Class I milk price structure known as Option 1A as part of the implementation of the final rule to consolidate Federal milk marketing orders. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REQUIRED USE OF OPTION 1A AS PRICE STRUCTURE FOR CLASS I MILK UNDER CONSOLIDATED FEDERAL MILK MARKETING ORDERS. (a) Use of Option 1A.--In implementing the final decision for the consolidation and reform of Federal milk marketing orders, as required by section 143 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7253), the Secretary of Agriculture shall price fluid or Class I milk under the orders using the Class I price differentials identified as Option 1A ``Location-Specific Differentials Analysis'' in the proposed rule published in the Federal Register on January 30, 1998 (63 Fed. Reg. 4802, 4809), except that the Secretary shall include the corrections and modifications to such Class I differentials made by the Secretary through April 2, 1999. (b) Effect on Implementation Schedule.--The requirement to use Option 1A in subsection (a) does not modify or delay the time period for actual implementation of the final decision as part of Federal milk marketing orders specified in section 738 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (as contained in section 101(a) of division A of Public Law 105-277; 112 Stat. 2681-30). SEC. 2. NECESSITY OF USING FORMAL RULEMAKING TO DEVELOP PRICING METHODS FOR CLASS III AND CLASS IV MILK; MODIFIED MANUFACTURING ALLOWANCE FOR CHEESE. (a) Congressional Finding.--The Class III and Class IV pricing formulas included in the final decision for the consolidation and reform of Federal milk marketing orders, as published in the Federal Register on April 2, 1999 (64 Fed. Reg. 16025), do not adequately reflect public comment on the original proposed rule published in the Federal Register on January 30, 1998 (63 Fed. Reg. 4802), and are sufficiently different from the proposed rule and any comments submitted with regard to the proposed rule that further emergency rulemaking is merited. (b) Formal Rulemaking.-- (1) Required.--The Secretary of Agriculture shall conduct rulemaking, on the record after an opportunity for an agency hearing, to reconsider the Class III and Class IV pricing formulas included in the final decision referred to in subsection (a). (2) Implementation.--A final decision on the formula shall be implemented not later than 10 months after the date of the enactment of this Act. (3) Effect of court order.--The actions authorized by this subsection are intended to ensure the timely publication and implementation of new pricing formulas for Class III and Class IV milk. In the event that the Secretary is enjoined or otherwise restrained by a court order from implementing the final decision under paragraph (2), the length of time for which that injunction or other restraining order is effective shall be added to the time limitations specified in paragraph (2) thereby extending those time limitations by a period of time equal to the period of time for which the injunction or other restraining order is effective. (c) Failure To Timely Complete Rulemaking.--If the Secretary of Agriculture fails to implement new Class III and Class IV pricing formulas within the time period required under subsection (b)(2) (plus any additional period provided under subsection (b)(3)), the Secretary may not assess or collect assessments from milk producers or handlers under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, for marketing order administration and services provided under such section after the end of that period until the pricing formulas are implemented. The Secretary may not reduce the level of services provided under that section on account of the prohibition against assessments, but shall rather cover the cost of marketing order administration and services through funds available for the Agricultural Marketing Service of the Department. (d) Effect on Implementation Schedule.--Subject to subsection (e), the requirement for additional rulemaking in subsection (b) does not modify or delay the time period for actual implementation of the final decision referred to in subsection (a) as part of Federal milk marketing orders, as such time period is specified in section 738 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (as contained in section 101(a) of division A of Public Law 105-277; 112 Stat. 2681-30). (e) Modified Manufacturing Allowance for Cheese.--Pending the implementation of new pricing formulas for Class III and Class IV milk as required by subsection (b), the Secretary of Agriculture shall modify the formula used for determining Class III prices, as contained in the final decision referred to in subsection (a), to replace the manufacturing allowance of 17.02 cents per pound of cheese each place it appears in that formula with an amount equal to 14.7 cents per pound of cheese. SEC. 3. ONE-YEAR EXTENSION OF CURRENT MILK PRICE SUPPORT PROGRAM. (a) Extension of Program.--Subsection (h) of section 141 of the Agricultural Market Transition Act (7 U.S.C. 7251) is amended by striking ``1999'' both places it appears and inserting ``2000''. (b) Continuation of Current Price Support Rate.--Subsection (b)(4) of such section is amended by striking ``year 1999'' and inserting ``years 1999 and 2000''. (c) Delay in Recourse Loan Program for Processors.--Section 142(e) of the Agricultural Market Transition Act (7 U.S.C. 7252(e)) is amended by striking ``2000'' and inserting ``2001''. SEC. 4. DAIRY FORWARD PRICING PROGRAM. The Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following new section: ``SEC. 23. DAIRY FORWARD PRICING PROGRAM. ``(a) In General.--Not later than 90 days after the date of enactment of this section, the Secretary of Agriculture shall establish a program under which milk producers and cooperatives are authorized to voluntarily enter into forward price contracts with milk handlers. ``(b) Minimum Milk Price Requirements.--Payments made by milk handlers to milk producers and cooperatives, and prices received by milk producers and cooperatives, under the forward contracts shall be deemed to satisfy all regulated minimum milk price requirements of paragraphs (A), (B), (C), (D), (F), and (J) of subsection (5), and subsections (7)(B) and (18), of section 8c. ``(c) Application.--This section shall apply only with respect to the marketing of federally regulated milk (regardless of its use) that is in the current of interstate or foreign commerce or that directly burdens, obstructs, or affects interstate or foreign commerce in federally regulated milk.''. Union Calendar No. 137 106th CONGRESS 1st Session H. R. 1402 [Report No. 106-239] _______________________________________________________________________ A BILL To require the Secretary of Agriculture to implement the Class I milk price structure known as Option 1A as part of the implementation of the final rule to consolidate Federal milk marketing orders. _______________________________________________________________________ July 19, 1999 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
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