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<PRE>        S.717
                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
  the fifth day of January, one thousand nine hundred and ninety-three


                                 An Act

  
 
  To amend the Egg Research and Consumer Information Act to modify the 
provisions governing the rate of assessment, to expand the exemption of 
egg producers from such Act, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Egg Research and Consumer Information 
Act Amendments of 1993''.

SEC. 2. ASSESSMENT RATE.

    (a) In General.--Section 8(e) of the Egg Research and Consumer 
Information Act (7 U.S.C. 2707(e)) is amended--
        (1) by designating the first and second sentences as paragraph 
    (1);
        (2) by designating the fifth and sixth sentences as paragraph 
    (3); and
        (3) by striking the third and fourth sentences and inserting the 
    following new paragraph:
    ``(2)(A) The assessment rate shall be prescribed by the order. The 
rate shall not exceed 20 cents per case (or the equivalent of a case) of 
commercial eggs.
    ``(B) The order may be amended to increase the rate of assessment if 
the increase is recommended by the Egg Board and approved by egg 
producers in a referendum conducted under section 9(b).
    ``(C) The order may be amended to decrease the assessment rate after 
public notice and opportunity for comment in accordance with section 553 
of title 5, United States Code, and without regard to sections 556 and 
557 of such title.''.
    (b) Referendum.--Section 9 of such Act (7 U.S.C. 2708) is amended--
        (1) by designating the first and second sentences as subsection 
    (a);
        (2) by designating the last sentence as subsection (c); and
        (3) by inserting after subsection (a) (as designated by 
    paragraph (1)) the following new subsection:
    ``(b)(1) If the Egg Board determines, based on a scientific study, 
marketing analysis, or other similar competent evidence, that an 
increase in the assessment rate is needed to ensure that assessments 
under the order are set at an appropriate level to effectuate the policy 
declared in section 2, the Egg Board may request that the Secretary 
conduct a referendum, as provided in paragraph (2).
    ``(2)(A) If the Egg Board requests the Secretary to conduct a 
referendum under paragraph (1) or (3), the Secretary shall conduct a 
referendum among egg producers not exempt from this Act who, during a 
representative period determined by the Secretary, have been engaged in 
the production of commercial eggs, for the purpose of ascertaining 
whether the producers approve the change in the assessment rate proposed 
by the Egg Board.
    ``(B) The change in the assessment rate shall become effective if 
the change is approved or favored by--
        ``(i) not less than two-thirds of the producers voting in the 
    referendum; or
        ``(ii) a majority of the producers voting in the referendum, if 
    the majority produced not less than two-thirds of all the commercial 
    eggs produced by the producers voting during a representative period 
    defined by the Secretary.
    ``(3)(A) In the case of the order in effect on the date of enactment 
of this subsection, the Egg Board shall determine under paragraph (1), 
as soon as practicable after such date of enactment, whether to request 
that the Secretary conduct a referendum under paragraph (2).
    ``(B) If the Egg Board makes such a request on the basis of 
competent evidence, as provided in paragraph (1), the Secretary shall 
conduct the referendum as soon as practicable, but not later than--
        ``(i) 120 days after receipt of the request from the Egg Board; 
    or
        ``(ii) if the Director of the Office of Management and Budget 
    determines that the change in the assessment rate is a significant 
    action that requires review by the Director, 170 days after receipt 
    of the request from the Egg Board.
    ``(4) Notwithstanding any other provision of this Act, if an 
increase in the assessment rate and the authority for additional 
increases is approved by producers in a referendum conducted under this 
subsection, the Secretary shall amend the order to reflect the vote of 
the producers. The amendment to the order shall become effective on the 
date of issuance of the amendment.''.

SEC. 3. RESEARCH.

    Section 8(d) of the Egg Research and Consumer Information Act (7 
U.S.C. 2707(d)) is amended by adding at the end the following new 
sentence: ``In preparing a budget for each of the 1994 and subsequent 
fiscal years, the Egg Board shall, to the maximum extent practicable, 
allocate a proportion of funds for research projects under this Act that 
is comparable to the proportion of funds that were allocated for 
research projects under this Act in the budget of the Egg Board for 
fiscal year 1993.''.

SEC. 4. EXEMPTED PRODUCERS.

    Section 12(a)(1) of the Egg Research and Consumer Information Act (7 
U.S.C. 2711(a)(1)) is amended by striking ``30,000 laying hens'' and 
inserting ``75,000 laying hens''.

SEC. 5. AMENDMENT TO ORDER.

    Notwithstanding any other provision of law:
        (1) In general.--The Secretary of Agriculture shall issue 
    amendments to the egg promotion and research order issued under the 
    Egg Research and Consumer Information Act (7 U.S.C. 2701 et seq.) to 
    implement the amendments made by this Act. The amendments shall be 
    issued after public notice and opportunity for comment in accordance 
    with section 553 of title 5, United States Code, and without regard 
    to sections 556 and 557 of such title. The Secretary shall issue the 
    proposed amendments to the order not later than 80 days after the 
    date of enactment of this Act.
        (2) Effective date.--The amendments to the egg promotion and 
    research order required by paragraph (1) shall become effective not 
    later than--
            (A) 30 days after the proposed amendments are issued; or
            (B) if the Director of the Office of Management and Budget 
        determines that the amendments are a significant action that 
        requires review by the Director, 50 days after the proposed 
        amendments are issued.
        (3) Referendum.--The amendments referred to in paragraph (2) 
    shall not be subject to a referendum conducted under the Egg 
    Research and Consumer Information Act.







                                Speaker of the House of Representatives.







                             Vice President of the United States and    
                                                President of the Senate.

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