S 109 IS

To establish the Dairy Farmer Viability Commission.

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

(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).