I
106TH CONGRESS
2D SESSION
H. R. 5356
To establish the Dairy Farmer Viability Commission.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 2, 2000
Mr. KLINK (for himself, Mr. MCHUGH, Mr. HOLDEN, and Mr. OBERSTAR),
introduced the following bill; which was referred to the Committee on Ag-
riculture
A BILL
To establish the Dairy Farmer Viability Commission.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Dairy Farmer Viability
Act’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) the farm-retail price spread (the difference
between farm and retail values) for dairy products
has doubled since the early 1980’s;
(2) the price of raw milk sent to the market by
dairy producers has fallen to levels received in 1978;
and
(3) the number of family-sized dairy operations
has decreased by almost 75 percent in the last 2
decades, with some States losing nearly 10 percent
of their dairy farmers in recent months.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Dairy Farmer Viability Com-
mission’’ (referred to in this Act as the ‘‘Commission’’).
(b) MEMBERSHIP.—
(1) COMPOSITION.—The Commission shall be
composed of 15 members appointed by the Sec-
retary.
(2) PROHIBITION
ON
FEDERAL
GOVERNMENT
EMPLOYMENT.—A member of the Commission ap-
pointed under paragraph (1) shall not be an em-
ployee or former employee of the Federal Govern-
ment.
(3) DATE
OF
APPOINTMENTS.—The appoint-
ment of a member of the Commission shall be made
as soon as practicable after the date of enactment of
this Act.
(c) TERM; VACANCIES.—
(1) TERM.—A member shall be appointed for
the life of the Commission.
(2) 
VACANCIES.—A 
vacancy 
on 
the
Commission—
(A) shall not affect the powers of the Com-
mission; and
(B) shall be filled in the same manner as
the original appointment was made.
(d) INITIAL MEETING.—Not later than 30 days after
the date on which all members of the Commission have
been appointed, the Commission shall hold the initial
meeting of the Commission.
(e) MEETINGS.—The Commission shall meet at the
call of the Chairperson.
(f) QUORUM.—A majority of the members of the
Commission shall constitute a quorum, but a lesser num-
ber of members may hold hearings.
(g) CHAIRPERSON AND VICE CHAIRPERSON.—The
Commission shall select a Chairperson and Vice Chair-
person from among the members of the Commission.
SEC. 4. DUTIES.
(a) STUDY.—The Commission shall conduct a study
on matters relating to improving the viability of dairy
farming.
(b) RECOMMENDATIONS.—The Commission shall de-
velop recommendations to improve the viability of dairy
farming after considering, with respect to dairy industry—
(1) farm prices;
(2) competition;
(3) leverage;
(4) stability; and
(5) concentration in the marketplace.
(c) REPORT.—Not later than 1 year after the date
of enactment of this Act, the Commission shall submit to
the President and Congress a report that contains—
(1) a detailed statement of the findings and
conclusions of the Commission; and
(2) the recommendations of the Commission for
such legislation and administrative actions as the
Commission considers appropriate.
SEC. 5. POWERS.
(a) HEARINGS.—The Commission may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Commission
considers advisable to carry out this Act.
(b) INFORMATION FROM FEDERAL AGENCIES.—
(1) IN GENERAL.—The Commission may secure
directly from a Federal agency such information as
the Commission considers necessary to carry out this
Act.
(2) PROVISION OF INFORMATION.—On request
of the Chairperson of the Commission, the head of
the agency shall provide the information to the Com-
mission.
(c) POSTAL SERVICES.—The Commission may use
the United States mails in the same manner and under
the same conditions as other agencies of the Federal Gov-
ernment.
(d) GIFTS.—The Commission may accept, use, and
dispose of gifts or donations of services or property.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—A member of the
Commission shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay prescribed
for level IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day (including
travel time) during which the member is engaged in the
performance of the duties of the Commission.
(b) TRAVEL EXPENSES.—A member of the Commis-
sion shall be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for an employee
of an agency under subchapter I of chapter 57 of title
5, United States Code, while away from the home or reg-
ular place of business of the member in the performance
of the duties of the Commission.
(c) STAFF.—
(1) IN
GENERAL.—The Chairperson of the
Commission may, without regard to the civil service
laws (including regulations), appoint and terminate
an executive director and such other additional per-
sonnel as are necessary to enable the Commission to
perform the duties of the Commission.
(2) CONFIRMATION
OF
EXECUTIVE
DIREC-
TOR.—The employment of an executive director shall
be subject to confirmation by the Commission.
(3) COMPENSATION.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the Chairperson of the Com-
mission may fix the compensation of the execu-
tive director and other personnel without regard
to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, United States Code,
relating to classification of positions and Gen-
eral Schedule pay rates.
(B) MAXIMUM RATE OF PAY.—The rate of
pay for the executive director and other per-
sonnel shall not exceed the rate payable for
level V of the Executive Schedule under section
5316 of title 5, United States Code.
(d) DETAIL OF FEDERAL GOVERNMENT EMPLOY-
EES.—
(1) IN GENERAL.—An employee of the Federal
Government may be detailed to the Commission
without reimbursement.
(2) CIVIL SERVICE STATUS.—The detail of the
employee shall be without interruption or loss of civil
service status or privilege.
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The Chairperson of the Commission
may procure temporary and intermittent services in ac-
cordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily
equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of
that title.
SEC. 7. FUNDING.
The Secretary of Agriculture shall provide to the
Commission for each fiscal year such sums as are nec-
essary to carry out this Act, to be derived by transfer of
a proportionate amount of funds for administrative ex-
penses from each other account for which funds are made
available to the Department of Agriculture for administra-
tive expenses for the fiscal year.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall terminate 90 days after the
date on which the Commission submits the report of the
Commission under section 4(c).
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