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(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;

(3) in paragraph (3) (as so designated)—

(A) by inserting "for milk produced in the United States and imported dairy products" after "The rate of assessment"; and

(B) by inserting before the period at the end the following: ", as determined by the Secretary"; and (4) 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) TIME FOR PAYMENT.-The assessment on imported dairy products shall be paid by the importer to Customs at the time the entry documents are filed with Customs. Customs shall remit the assessments to the Board. For purposes of this subparagraph, the term 'importer' includes persons who hold title to foreign-produced dairy products immediately upon release by Customs, as well as persons who act on behalf of others, as agents, brokers, or consignees, to secure the release of dairy products from Customs.

"(C) USE OF ASSESSMENTS ON IMPORTED DAIRY PRODUCTS.-Assessments collected on imported dairy products shall not be used for foreign market promotion.".

(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".

(f) IMPORTER ELIGIBILITY TO VOTE IN REFERENDUM.-Section 116(b) of the Dairy Promotion Stabilization Act of 1983 (7 U.S.C. 4507(b)) is amended

(1) in the first sentence

(A) by inserting after "of producers" the following: “and importers"; and

(B) by inserting after "the producers" the following: "and importers"; and

(2) in the second sentence, by inserting after "commercial use" the following: "and importers voting in the referendum (who have been engaged in the importation of dairy products during the same representative period, as determined by the Secretary)".

(g)

ORDER IMPLEMENTATION AND INTERNATIONAL TRADE OBLIGATIONS.-Section 112 of the Dairy Promotion Stabilization Act of 1983 (7 U.S.C. 4503) is amended by adding at the end the following:

"(d) ORDER IMPLEMENTATION AND INTERNATIONAL TRADE OBLIGATIONS.-The Secretary, in consultation with the United States Trade Representative, shall ensure that the order is implemented in a manner consistent with the international trade obligations of the Federal Government.".

7 USC 7983.

Deadline.

(h) CONFORMING AMENDMENTS TO REFLECT ADDITION OF IMPORTERS.-The Dairy Production Stabilization Act of 1983 is amended

(1) in section 110(b) (7 U.S.C. 4501(b))—
(A) in the first sentence-

(i) by inserting after "commercial use" the following: “and on imported dairy products"; and

(ii) by striking "products produced in the United States." and inserting "products."; and

(B) in the second sentence, by inserting after "produce milk" the following: "or the right of any person to import dairy products"; and

(2) in section 111(d) (7 U.S.C. 4502(d)), by striking "produced in the United States".

SEC. 1506. FLUID MILK PROMOTION.

(a) DEFINITION OF FLUID MILK PRODUCT.-Section 1999C of the Fluid Milk Promotion Act of 1990 (7 U.S.C. 6402) is amended by striking paragraph (3) and inserting the following:

“(3) FLUID MILK PRODUCT.—The term 'fluid milk product'

has the meaning given the term in

"(A) section 1000.15 of title 7, Code of Federal Regulations, subject to such amendments as may be made by the Secretary; or

"(B) any successor regulation.".

(b) DEFINITION OF FLUID MILK PROCESSOR.-Section 1999C(4) of the Fluid Milk Promotion Act of 1990 (7 U.S.C. 6402(4)) is amended by striking "500,000 pounds of fluid milk products in consumer-type packages per month" and inserting "3,000,000 pounds of fluid milk products in consumer-type packages per month (excluding products delivered directly to the place of residence of a consumer)".

(c) ELIMINATION OF ORDER TERMINATION DATE.-Section 19990 of the Fluid Milk Promotion Act of 1990 (7 U.S.C. 6414) is amended

(1) by striking subsection (a); and

(2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.

SEC. 1507. STUDY OF NATIONAL DAIRY POLICY.

(a) STUDY REQUIRED.-The Secretary of Agriculture shall conduct a comprehensive economic evaluation of the potential direct and indirect effects of the various elements of the national dairy policy, including an examination of the effect of the national dairy policy on

(1) farm price stability, farm profitability and viability, and local rural economies in the United States;

(2) child, senior, and low-income nutrition programs, including impacts on schools and institutions participating in the programs, on program recipients, and other factors; and (3) the wholesale and retail cost of fluid milk, dairy farms, and milk utilization.

(b) REPORT.-Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the study required by this section.

(c) NATIONAL DAIRY POLICY DEFINED.-In this section, the term "national dairy policy" means the dairy policy of the United States as evidenced by the following policies and programs:

(1) Federal milk marketing orders issued under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Act of 1937. (2) Interstate dairy compacts (including proposed compacts described in H.R. 1827 and S. 1157, as introduced in the 107th Congress).

(3) Over-order premiums and State pricing programs.

(4) Direct payments to milk producers.

(5) Federal milk price support program established under section 1401.

(6) Export programs regarding milk and dairy products, such as the dairy export incentive program established under section 153 of the Food Security Act of 1985 (15 U.S.C. 713a14).

SEC. 1508. STUDIES OF EFFECTS OF CHANGES IN APPROACH TO
NATIONAL DAIRY POLICY AND FLUID MILK IDENTITY
STANDARDS.

(a) FEDERAL DAIRY POLICY CHANGES.-The Secretary of Agriculture shall conduct a study of the effects of

(1) terminating all Federal programs relating to price support and supply management for milk; and

(2) granting the consent of Congress to cooperative efforts

by States to manage milk prices and supply.

(b) FLUID MILK IDENTITY STANDARDS. The Secretary shall conduct a study of the effects of including in the standard of identity for fluid milk a required minimum protein content that is commensurate with the average nonfat solids content of bovine milk produced in the United States.

(c) REPORTS.-Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the studies required by this section.

Subtitle F-Administration

SEC. 1601. ADMINISTRATION GENERALLY.

(a) USE OF COMMODITY CREDIT CORPORATION.-The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title.

(b) DETERMINATIONS BY SECRETARY.-A determination made by the Secretary under this title shall be final and conclusive. (c) REGULATIONS.

7 USC 7984.

Deadline.

7 USC 7991.

(1) IN GENERAL.-Not later than 90 days after the date Deadline. of the enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regu

lations as are necessary to implement this title.

(2) PROCEDURE. The promulgation of the regulations and Regulations. administration of this title shall be made without regard to

(A) chapter 35 of title 44, United States Code (commonly know as the "Paperwork Reduction Act");

7 USC 7992.

(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) the notice and comment provisions of section 553 of title 5, United States Code.

(3) 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.

(d) TREATMENT OF ADVANCE PAYMENT OPTION.-The protection that was afforded producers that had an option to elect to accelerate the receipt of any payment under a production flexibility contract payable under the Federal Agriculture Improvement and Reform Act of 1996, as provided by section 525 of Public 106-170 (113 Stat. 1928; 7 U.S.C. 7212 note), shall also apply to the option to receive

(1) the advance payment of direct payments and countercyclical payments under subtitle A and subtitle C; and

(2) the single payment of compensation for eligible peanut quota holders under section 1310.

(e) ADJUSTMENT AUTHORITY RELATED TO URUGUAY ROUND COMPLIANCE.

(1) REQUIRED DETERMINATION; ADJUSTMENT.-If the Secretary determines that expenditures under subtitles A through E that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501)), as in effect on the date of enactment of this Act, will exceed such allowable levels for any applicable reporting period, the Secretary shall, to the maximum extent practicable, make adjustments in the amount of such expenditures during that period to ensure that such expenditures do not exceed such allowable levels.

(2) CONGRESSIONAL NOTIFICATION.-Before making any adjustment under paragraph (1), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report describing the determination made under that paragraph and the extent of the adjustment to be made.

SEC. 1602. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.

(a) AGRICULTURAL ADJUSTMENT ACT OF 1938.-The following provisions of the Agricultural Adjustment Act of 1938 shall not be applicable to the 2002 through 2007 crops of covered commodities, peanuts, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act through December 31, 2007:

(1) Parts II through V of subtitle B of title III (7 U.S.C. 1326-1351).

(2) In the case of upland cotton, section 377 (7 U.S.C. 1377).

(3) Subtitle D of title III (7 U.S.C. 1379a-1379j).

(4) Title IV (7 U.S.C. 1401-1407).

(b) AGRICULTURAL ACT OF 1949.-The following provisions of the Agricultural Act of 1949 shall not be applicable to the 2002

through 2007 crops of covered commodities, peanuts, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act and through December 31, 2007:

(1) Section 101 (7 U.S.C. 1441).

(2) Section 103(a) (7 U.S.C. 1444(a)).
(3) Section 105 (7 U.S.C. 1444b).
(4) Section 107 (7 U.S.C. 1445a).
(5) Section 110 (7 U.S.C. 1445e).
(6) Section 112 (7 U.S.C. 1445g).
(7) Section 115 (7 U.S.C. 1445k).
(8) Section 201 (7 U.S.C. 1446).

(9) Title III (7 U.S.C. 1447–1449).

(10) Title IV (7 U.S.C. 1421-1433d), other than sections 404, 412, and 416 (7 U.S.C. 1424, 1429, and 1431).

(11) Title V (7 U.S.C. 1461-1469).

(12) Title VI (7 U.S.C. 1471-1471j).

(c) SUSPENSION OF CERTAIN QUOTA PROVISIONS.-The joint resolution entitled "A joint resolution relating to corn and wheat marketing quotas under the Agricultural Adjustment Act of 1938, as amended", approved May 26, 1941 (7 U.S.C. 1330 and 1340), shall not be applicable to the crops of wheat planted for harvest in the calendar years 2002 through 2007.

(d) CONFORMING AMENDMENT.-Section 171(a)(1) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7301(a)(1)) is amended by striking "2002" the first place appears and inserting "2001".

SEC. 1603. PAYMENT LIMITATIONS.

(a) LIMITATION ON AMOUNTS RECEIVED.-Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended by striking the section heading, "SEC. 1001.", and all that follows through the end of paragraph (4) and inserting the following: "SEC. 1001. PAYMENT LIMITATIONS.

"(a) DEFINITIONS.-In this section:

"(1) COVERED COMMODITY.-The term 'covered commodity' has the meaning given that term in section 1001 of the Farm Security and Rural Investment Act of 2002.

"(2) LOAN COMMODITY.-The term 'loan commodity' has the meaning given that term in section 1001 of the Farm Security and Rural Investment Act of 2002, except that the term does not include wool, mohair, or honey.

“(3) SECRETARY.-The term 'Secretary' means the Secretary of Agriculture.

"(b) LIMITATION ON DIRECT PAYMENTS.—

"(1) COVERED COMMODITIES.-The total amount of direct payments made to a person during any crop year under subtitle A of title I of the Farm Security and Rural Investment Act of 2002 for 1 or more covered commodities may not exceed $40,000.

"(2) PEANUTS.-The total amount of direct payments made to a person during any crop year under subtitle C of title I of the Farm Security and Rural Investment Act of 2002 may not exceed $40,000.

"(c) LIMITATION ON COUNTER-CYCLICAL PAYMENTS.

"(1) COVERED COMMODITIES.-The total amount of countercyclical payments made to a person during any crop year under

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