| Home > 106th Congressional Bills > S. 3199 (is) To amend section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for a user fee to cover the cost of customs inspections at express courier facilities. [Introduced in Senate] ...
S. 3199 (is) To amend section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for a user fee to cover the cost of customs inspections at express courier facilities. [Introduced in Senate] ...
106th CONGRESS 2d Session S. 3198 To provide a pool credit under Federal milk marketing orders for handlers of certified organic milk used for Class I purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES October 12 (legislative day, September 22), 2000 Mr. Jeffords (for himself and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To provide a pool credit under Federal milk marketing orders for handlers of certified organic milk used for Class I purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. POOL CREDIT FOR HANDLERS OF ORGANIC MILK. (a) In General.--Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following: ``(M) Pool credit for handlers of organic milk.-- ``(i) Definitions.--In this subparagraph: ``(I) Class i milk price.--The term `Class I milk price' means the minimum price payable for milk classified as Class I milk under an order issued pursuant to this section. ``(II) Organic milk handler.--The term `organic milk handler' means-- ``(aa) a person that is considered to be a handler under an order issued pursuant to this section to the extent that the person performs the functions of a handler with respect to organic milk; and ``(bb) to the extent determined necessary by the Secretary, any other person that purchases organic milk directly from a producer of organic milk. ``(III) Organic milk.--The term `organic milk' means milk that is certified as organically produced in accordance with the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.). ``(IV) Organic milk pay price.--The term `organic milk pay price' means the price paid by an organic milk handler to a producer of organic milk for the entire volume of milk purchased from the producer, including the price paid for transporting the milk to the organic milk handler. ``(ii) Credit.--In the case of an order applicable to milk and milk products, an organic milk handler shall be entitled to receive a credit against the pool obligation of the organic milk handler for a month that is equal to the product obtained by multiplying-- ``(I) the quantity of the pool obligation of the organic milk handler for the preceding month; and ``(II) the applicable credit factor for the preceding month determined under clause (iii). ``(iii) Amount.--Except as provided in clause (iv), the amount of a credit provided to an organic milk handler under this subparagraph shall be based on the amount by which the organic milk pay price paid by the organic milk handler for the organic milk exceeds the Class I milk price in accordance with the following table: ``If the organic milk pay price The credit factor shall be: exceeds the Class I milk price by: Less than $2.00................ 80 percent. More than $2.00 but not more than $3.00. 85 percent. More than $3.00 but not more than $4.00. 90 percent. More than $4.00................ 95 percent. ``(iv) Limitations.-- ``(I) In general.--Except as provided in subclause (II), the amount of the pool obligation of an organic milk handler for organic milk under this subparagraph shall be not less than 10 nor more than 50 cents per hundredweight of organic milk. ``(II) Lower pool obligation for nonorganic milk.--If the amount of the pool obligation for milk that is not organic milk (as calculated under an order issued pursuant to this section) is less than the amount of the pool obligation for organic milk (as calculated under such an order), the amount of the pool obligation of an organic milk handler for organic milk under this subparagraph shall be equal to the amount of the pool obligation for milk that is not organic milk.''. (b) Regulations.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall promulgate such regulations as are necessary to implement the amendment made by subsection (a). (2) Informal rulemaking.--Notwithstanding section 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, except as provided in paragraph (3)(A), the Secretary shall carry out paragraph (1) in accordance with section 553 of title 5, United States Code. (3) Procedure.--The promulgation of the regulations and administration of the amendment made by subsection (a) shall be made without regard to-- (A) the notice and comment provisions of section 553 of title 5, United States Code; (B) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (C) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (4) Congressional review of agency rulemaking.--In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5, United States Code. (c) Effective Date.--The amendment made by subsection (a) takes effect on the earlier of-- (1) the date on which the Secretary of Agriculture promulgates final regulations to carry out the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.); or (2) January 1, 2001. <all>
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