II

106TH CONGRESS

2D SESSION S. 3128

To establish the Dairy Farmer Viability Commission.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000

Mr. FEINGOLD (for himself, Mr. JEFFORDS, Mr. LEAHY, Mr. KOHL, and Mr.

WELLSTONE) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To establish the Dairy Farmer Viability Commission.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Dairy Farmer Viability

5 Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) the farm-retail price spread (the difference

9 between farm and retail values) for dairy products

10 has doubled since the early 1980’s;
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1 (2) the price of raw milk sent to the market by

2 dairy producers has fallen to levels received in 1978;

3 and

4 (3) the number of family-sized dairy operations

5 has decreased by almost 75 percent in the last 2

6 decades, with some States losing nearly 10 percent

7 of their dairy farmers in recent months.

8 SEC. 3. ESTABLISHMENT OF COMMISSION.

9 (a) ESTABLISHMENT.—There is established a com10 mission to be known as the ‘‘Dairy Farmer Viability Com11 mission’’ (referred to in this Act as the ‘‘Commission’’).

12 (b) MEMBERSHIP.—

13 (1) COMPOSITION.—The Commission shall be

14 composed of 15 members appointed by the Sec15 retary.

16 (2) PROHIBITION ON FEDERAL GOVERNMENT

17 EMPLOYMENT.—A member of the Commission ap18 pointed under paragraph (1) shall not be an em19 ployee or former employee of the Federal Govern20 ment.

21 (3) DATE OF APPOINTMENTS.—The appoint22 ment of a member of the Commission shall be made

23 as soon as practicable after the date of enactment of

24 this Act.

25 (c) TERM; VACANCIES.—
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1 (1) TERM.—A member shall be appointed for

2 the life of the Commission.

3 (2) VACANCIES.—A vacancy on the

4 Commission—

5 (A) shall not affect the powers of the Com6 mission; and

7 (B) shall be filled in the same manner as

8 the original appointment was made.

9 (d) INITIAL MEETING.—Not later than 30 days after

10 the date on which all members of the Commission have

11 been appointed, the Commission shall hold the initial

12 meeting of the Commission.

13 (e) MEETINGS.—The Commission shall meet at the

14 call of the Chairperson.

15 (f) QUORUM.—A majority of the members of the

16 Commission shall constitute a quorum, but a lesser num17 ber of members may hold hearings.

18 (g) CHAIRPERSON AND VICE CHAIRPERSON.—The

19 Commission shall select a Chairperson and Vice Chair20 person from among the members of the Commission.

21 SEC. 4. DUTIES.

22 (a) STUDY.—The Commission shall conduct a study

23 on matters relating to improving the viability of dairy

24 farming.
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1 (b) RECOMMENDATIONS.—The Commission shall de2 velop recommendations to improve the viability of dairy

3 farming after considering, with respect to dairy industry—

4 (1) farm prices;

5 (2) competition;

6 (3) leverage;

7 (4) stability; and

8 (5) concentration in the marketplace.

9 (c) REPORT.—Not later than 1 year after the date

10 of enactment of this Act, the Commission shall submit to

11 the President and Congress a report that contains—

12 (1) a detailed statement of the findings and

13 conclusions of the Commission; and

14 (2) the recommendations of the Commission for

15 such legislation and administrative actions as the

16 Commission considers appropriate.

17 SEC. 5. POWERS.

18 (a) HEARINGS.—The Commission may hold such

19 hearings, sit and act at such times and places, take such

20 testimony, and receive such evidence as the Commission

21 considers advisable to carry out this Act.

22 (b) INFORMATION FROM FEDERAL AGENCIES.—

23 (1) IN GENERAL.—The Commission may secure

24 directly from a Federal agency such information as
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1 the Commission considers necessary to carry out this

2 Act.

3 (2) PROVISION OF INFORMATION.—On request

4 of the Chairperson of the Commission, the head of

5 the agency shall provide the information to the Com6 mission.

7 (c) POSTAL SERVICES.—The Commission may use

8 the United States mails in the same manner and under

9 the same conditions as other agencies of the Federal Gov10 ernment.

11 (d) GIFTS.—The Commission may accept, use, and

12 dispose of gifts or donations of services or property.

13 SEC. 6. COMMISSION PERSONNEL MATTERS.

14 (a) COMPENSATION OF MEMBERS.—A member of the

15 Commission shall be compensated at a rate equal to the

16 daily equivalent of the annual rate of basic pay prescribed

17 for level IV of the Executive Schedule under section 5315

18 of title 5, United States Code, for each day (including

19 travel time) during which the member is engaged in the

20 performance of the duties of the Commission.

21 (b) TRAVEL EXPENSES.—A member of the Commis22 sion shall be allowed travel expenses, including per diem

23 in lieu of subsistence, at rates authorized for an employee

24 of an agency under subchapter I of chapter 57 of title

25 5, United States Code, while away from the home or reg-
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1 ular place of business of the member in the performance

2 of the duties of the Commission.

3 (c) STAFF.—

4 (1) IN GENERAL.—The Chairperson of the

5 Commission may, without regard to the civil service

6 laws (including regulations), appoint and terminate

7 an executive director and such other additional per8 sonnel as are necessary to enable the Commission to

9 perform the duties of the Commission.

10 (2) CONFIRMATION OF EXECUTIVE DIREC11 TOR.—The employment of an executive director shall

12 be subject to confirmation by the Commission.

13 (3) COMPENSATION.—

14 (A) IN GENERAL.—Except as provided in

15 subparagraph (B), the Chairperson of the Com16 mission may fix the compensation of the execu17 tive director and other personnel without regard

18 to the provisions of chapter 51 and subchapter

19 III of chapter 53 of title 5, United States Code,

20 relating to classification of positions and Gen21 eral Schedule pay rates.

22 (B) MAXIMUM RATE OF PAY.—The rate of

23 pay for the executive director and other per24 sonnel shall not exceed the rate payable for
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1 level V of the Executive Schedule under section

2 5316 of title 5, United States Code.

3 (d) DETAIL OF FEDERAL GOVERNMENT EMPLOY4 EES.—

5 (1) IN GENERAL.—An employee of the Federal

6 Government may be detailed to the Commission

7 without reimbursement.

8 (2) CIVIL SERVICE STATUS.—The detail of the

9 employee shall be without interruption or loss of civil

10 service status or privilege.

11 (e) PROCUREMENT OF TEMPORARY AND INTERMIT12 TENT SERVICES.—The Chairperson of the Commission

13 may procure temporary and intermittent services in ac14 cordance with section 3109(b) of title 5, United States

15 Code, at rates for individuals that do not exceed the daily

16 equivalent of the annual rate of basic pay prescribed for

17 level V of the Executive Schedule under section 5316 of

18 that title.

19 SEC. 7. FUNDING.

20 The Secretary of Agriculture shall provide to the

21 Commission for each fiscal year such sums as are nec22 essary to carry out this Act, to be derived by transfer of

23 a proportionate amount of funds for administrative ex24 penses from each other account for which funds are made
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1 available to the Department of Agriculture for administra2 tive expenses for the fiscal year.

3 SEC. 8. TERMINATION OF COMMISSION.

4 The Commission shall terminate 90 days after the

5 date on which the Commission submits the report of the

6 Commission under section 4(c).

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