I 111th CONGRESS 1st Session H. R. 3322 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.

Short title

This Act may be cited as the Dairy Relief and Market Stabilization Act.

2.

Temporary increase in payment rate for milk income loss contract program

Section 1506(c)(3) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8773(c)(3)) is amended— (1)by redesignating subparagraph (C) as subparagraph (E); and (2)by striking subparagraph (B) and inserting the following new subparagraphs: (B)for the period beginning on October 1, 2008, and ending on February 28, 2009, 45 percent; (C)for the period beginning on March 1, 2009, and ending on November 30, 2009, 90 percent; and (D)for the period beginning on December 1, 2009, and ending on August 31, 2012, 45 percent; and .

3.

Contracts to reduce number of dairy cows in production

(a)

Contracts required

The Secretary of Agriculture shall use amounts in the fund established under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to enter into a contract with a producer association or other third party that has a program in operation to encourage dairy producers to remove dairy cows from production. Under the contract, the Secretary may pay all or a portion of the costs incurred by the party to compensate dairy producers for removing dairy cows from production. (b)

Determination of size of needed herd reduction

Not later than 30 days after the date of the enactment of this Act, the Secretary shall determine the number of dairy cows that would be need to be removed from production nationwide to bring the national supply of milk in line with national demand. (c)

Implementation

The Secretary shall begin to enter into contracts under subsection (a) as soon as possible after making the determination under subsection (b). (d)

Regulations

The promulgation of any regulations to carry out this section shall be made without regard to— (1)the notice and comment provisions of section 553 of title 5, United States Code; (2)the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3)chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act). (e)

Congressional Review of Agency Rulemaking

In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. (f)

Duration of contracts

Any contract entered into under subsection (a) shall expire one year after the date of the enactment of this Act.