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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.
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 ``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 commission to be known
as the ``Dairy Farmer Viability Commission'' (referred to in this Act
as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 15
members appointed by the Secretary.
(2) Prohibition on federal government employment.--A member
of the Commission appointed under paragraph (1) shall not be an
employee or former employee of the Federal Government.
(3) Date of appointments.--The appointment 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 Commission;
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 number of members may hold hearings.
(g) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson 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 develop 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 Commission.
(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 Government.
(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 Commission 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 regular
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 personnel as are necessary to enable the
Commission to perform the duties of the Commission.
(2) Confirmation of executive director.--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 Commission may fix the
compensation of the executive 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 General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel 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 Employees.--
(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 Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance 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 necessary to carry out this Act, to
be derived by transfer of a proportionate amount of funds for
administrative expenses from each other account for which funds are
made available to the Department of Agriculture for administrative
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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