[Congressional Record Volume 147, Number 7 (Monday, January 22, 2001)]
[Senate]
[Pages S381-S382]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD (for himself, Mr. Jeffords, and Mr. Kohl):
  S. 109. A bill to establish the Dairy Farmer Viability Commission, to 
the Committee on Agriculture, Nutrition, and Forestry.


                       Dairy Farmer Viability Act

  Mr. FEINGOLD. Mr. President, I rise today to introduce the Dairy 
Farmers Viability Act, legislation to establish a Commission to provide 
Congress with legislative and administrative recommendations to address 
dairy farming prices, stability, and marketplace competition and 
concentration.
  As Congress moves to revise the 1996 farm bill, it is of paramount 
importance that we fashion dairy policies to meet the needs of all 
dairy farmers. I have taken the floor a number of times to talk about 
the challenges facing Wisconsin's dairy farmers, and many of those 
challenges are a result of inequities in the current pricing structure 
of milk. While I may disagree on many levels with my friend from 
Vermont, Senator Jeffords, there are a number of issues that face all 
dairy farmers, whether they are in Vermont, Idaho or Wisconsin.
  This commission will help Congress address many of these common 
concerns, such as reducing the concentration in the marketplace, 
increasing competition in rural America, and improving farm-gate 
prices. I hope my colleagues will work with us to move this commission 
forward quickly and help to address the concerns of dairy farmers 
nationwide.
  Mr. President, I ask that the full text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 109

       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.

[[Page S382]]

       (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).
                                 ______