[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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