[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 109 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 109

          To establish the Dairy Farmer Viability Commission.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2001

 Mr. Feingold (for himself, Mr. Jeffords, and Mr. Kohl) 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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