I 

111TH CONGRESS 

1ST SESSION H. R. 3322 

To respond to the current over-supply of milk by temporarily increasing 

the payment rate for payments under the milk income loss contract 

program and by directing the Secretary of Agriculture to facilitate the 

efforts of producer associations and other third parties to remove dairy 

cows from production, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 23, 2009 

Mr. MURPHY of New York (for himself and Mr. TONKO) introduced the 

following bill; which was referred to the Committee on Agriculture 

A BILL 

To respond to the current over-supply of milk by temporarily 

increasing the payment rate for payments under the milk 

income loss contract program and by directing the Secretary of Agriculture to facilitate the efforts of producer 

associations and other third parties to remove dairy cows 

from production, and for other purposes. 

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 Relief and Mar5 ket Stabilization Act’’. 


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1 SEC. 2. TEMPORARY INCREASE IN PAYMENT RATE FOR 

2 MILK INCOME LOSS CONTRACT PROGRAM. 

3 Section 1506(c)(3) of the Food, Conservation, and 

4 Energy Act of 2008 (7 U.S.C. 8773(c)(3)) is amended— 

5 (1) by redesignating subparagraph (C) as sub6 paragraph (E); and 

7 (2) by striking subparagraph (B) and inserting 

8 the following new subparagraphs: 

9 ‘‘(B) for the period beginning on October 

10 1, 2008, and ending on February 28, 2009, 45 

11 percent; 

12 ‘‘(C) for the period beginning on March 1, 

13 2009, and ending on November 30, 2009, 90 

14 percent; and 

15 ‘‘(D) for the period beginning on December 

16 1, 2009, and ending on August 31, 2012, 45 

17 percent; and’’. 

18 SEC. 3. CONTRACTS TO REDUCE NUMBER OF DAIRY COWS 

19 IN PRODUCTION. 

20 (a) CONTRACTS REQUIRED.—The Secretary of Agri21 culture shall use amounts in the fund established under 

22 section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), 

23 to enter into a contract with a producer association or 

24 other third party that has a program in operation to en25 courage dairy producers to remove dairy cows from pro26 duction. Under the contract, the Secretary may pay all 


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1 or a portion of the costs incurred by the party to com2 pensate dairy producers for removing dairy cows from pro3 duction. 

4 (b) DETERMINATION OF SIZE OF NEEDED HERD RE5 DUCTION.—Not later than 30 days after the date of the 

6 enactment of this Act, the Secretary shall determine the 

7 number of dairy cows that would be need to be removed 

8 from production nationwide to bring the national supply 

9 of milk in line with national demand. 

10 (c) IMPLEMENTATION.—The Secretary shall begin to 

11 enter into contracts under subsection (a) as soon as pos12 sible after making the determination under subsection (b). 

13 (d) REGULATIONS.—The promulgation of any regula14 tions to carry out this section shall be made without re15 gard to— 

16 (1) the notice and comment provisions of sec17 tion 553 of title 5, United States Code; 

18 (2) the Statement of Policy of the Secretary of 

19 Agriculture effective July 24, 1971 (36 Fed. Reg. 

20 13804), relating to notices of proposed rulemaking 

21 and public participation in rulemaking; and 

22 (3) chapter 35 of title 44, United States Code 

23 (commonly known as the Paperwork Reduction Act). 

24 (e) CONGRESSIONAL REVIEW OF AGENCY RULE25 MAKING.—In carrying out this section, the Secretary shall 


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1 use the authority provided under section 808 of title 5, 

2 United States Code. 

3 (f) DURATION OF CONTRACTS.—Any contract en4 tered into under subsection (a) shall expire one year after 

5 the date of the enactment of this Act. 

Æ 


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