[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8274 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 8274
To direct the Secretary of Agriculture to establish the Dairy Pricing
and Policy Commission, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 16, 2020
Mr. Kind (for himself and Mr. Gallagher) introduced the following bill;
which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To direct the Secretary of Agriculture to establish the Dairy Pricing
and Policy Commission, and for other purposes.
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 Pricing and Policy Commission
Act of 2020''.
SEC. 2. DAIRY PRICING AND POLICY COMMISSION.
(a) Establishment.--Not later than 6 months after the date on which
funds are first made available to carry out this section, the Secretary
shall establish a commission to be known as the ``Dairy Pricing and
Policy Commission'' (in this section referred to as the
``Commission'').
(b) Study by Commission.--The Commission shall conduct, with
respect to the 10-year period ending on the date of the enactment of
this Act, a comprehensive study of the following:
(1) Decreasing real values of dairy farmer milk prices and
income.
(2) Economic and policy causes for the declining number of
small and medium sized dairy operations.
(3) Levels of milk production in the United States with
regional changes in farm numbers, cow numbers, and milk
production per cow.
(4) Opportunities and challenges for increasing domestic
and export demand for dairy products.
(5) The effects of declining dairy farm numbers on rural
economies.
(6) Causes for the consolidation within the dairy industry.
(c) Recommendations.--In conducting the study pursuant to
subsection (b), the Commission shall develop legislative, regulatory,
and market-based recommendations for the following:
(1) Responding to periods of heightened dairy production
during low prices by considering better supply chain
coordination and market price signals.
(2) Enhancing the competitiveness of American dairy
producers and dairy products in world markets.
(3) Evaluating and identifying challenges and opportunities
for new markets for dairy exports.
(4) Ensuring that Federal Milk Marketing Orders (FMMO) and
FMMO rulemakings are transparent and provide a fair return to
producers regardless of the end product for which their milk is
used.
(5) Ensuring that the competitiveness of dairy products
with other competing products in the marketplace is preserved
and enhanced.
(d) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 18 members appointed by the Secretary as follows:
(A) At least 1 member representing a national
consumer organization.
(B) At least 3 members representing land-grant
colleges and universities or covered NLGCA
Institutions, with at least two of such members having
expertise in economics.
(C) At least 1 member representing the food and
beverage retail sector.
(D) Six dairy producers representing a variety of
farming practices and sizes and 3 dairy processors,
appointed so as to balance geographical distribution of
milk production and dairy processing, reflect major
product segments of dairy processing, and represent all
regions of the United States equitably, including
States that operate outside of a Federal Milk Marketing
Order.
(E) At least 2 members shall represent dairy
farmer, cooperative, or dairy processor, associations.
(F) At least 2 members shall represent dairy
industry experts in the field of milk pricing, finance,
marketing, risk management, consulting, or advisory
services (or some combination thereof).
(2) Terms.--Each member shall be appointed for the duration
of the Commission.
(3) Vacancy.--Any vacancy occurring before the termination
of the Commission shall be filled in the same manner as the
original appointment.
(4) Pay.--Members shall serve without pay, but shall be
entitled to receive a reimbursement from the Secretary from
existing budget authority for reasonable expenses necessary to
carry out the duties of the Commission.
(5) Chairperson.--The members shall elect a member to serve
as Chairperson of the Commission for the duration of the
Commission.
(6) Voting.--
(A) In general.--If the Commission is unable to
reach a consensus on a proposed recommendation or
determination, the Commission may decide the matter by
majority vote of its members.
(B) Tie votes.--The Chairperson of the Commission,
in addition to voting, may also break any tie vote.
(e) Administrative Support Services.--The Secretary shall provide
to the Commission the administrative support services necessary for the
Commission to carry out the requirements under this section.
(f) Report.--
(1) Submission of report.--Not later than 2 years after the
date of the first meeting of the Commission, the Commission
shall submit to the Secretary and Congress a report containing
the results of the study conducted pursuant to subsection (b),
including the legislative and regulatory recommendations
developed pursuant to subsection (c).
(2) Opinions.--
(A) In general.--Subject to subparagraph (B), the
report shall reflect, to the extent practicable, a
consensus opinion of the members.
(B) Exception.--If the members did not reach a
consensus opinion with respect to a matter, the report
may include majority and minority findings regarding
such matter.
(g) Federal Advisory Committee Act.--Section 14(a)(2)(B) of the
Federal Advisory Committee Act (5 U.S.C. App.; relating to the
termination of advisory committees) shall not apply to the Commission.
(h) Advisory Nature.--The Commission is wholly advisory in nature,
and the recommendations of the Commission are nonbinding.
(i) No Effect on Existing Programs.--The Secretary shall not allow
the existence of the Commission to impede, delay, or otherwise affect
any decision-making process of the Department of Agriculture, including
any rulemaking procedures planned, proposed, or near completion.
(j) Administrative Assistance.--The Secretary shall provide
administrative support to the Commission, and expend to carry out this
section such funds as necessary from budget authority available to the
Secretary.
(k) Authorization of Appropriations.--There is authorized to be
appropriated $50,000 to carry out this section.
(l) Termination.--The Commission shall terminate on the earlier of
the following:
(1) The date of the submission of the report pursuant to
subsection (f).
(2) The date that is 2 years after the date of the first
meeting of the Commission.
(m) Definitions.--In this section:
(1) Covered nlgca institution.--The term ``covered NLGCA
Institution'' means an institution that--
(A) is an NLGCA Institution; and
(B) offers an accredited dairy economic program.
(2) Federal milk marketing order.--The term ``Federal milk
marketing order'' means a Federal milk marketing order issued
under section 8c of the Agricultural Adjustment Act (7 U.S.C.
608c), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937.
(3) Land-grant colleges and universities.--The term ``land-
grant colleges and universities'' has the meaning given such
term in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).
(4) NLGCA institution.--The term ``NLGCA Institution'' has
the meaning given such term in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
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