[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4269 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 4269

 To direct the Secretary of Agriculture to establish the Dairy Pricing 
             and Policy Commission, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2021

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 2021''.

SEC. 2. DAIRY PRICING AND POLICY COMMISSION.

    (a) Findings.--Congress finds the following:
            (1) The pace of consolidation in the dairy industry as it 
        relates to herd size is far surpassing that seen in the 
        majority of U.S. agriculture.
            (2) The number of small commercial dairy operations has 
        declined from 146,685 in 1987 to 30,373 in 2017.
            (3) The number of licensed dairy herds fell by more than 
        half between 2002 and 2019, despite milk production continuing 
        to grow.
            (4) The loss of dairy operations poses significant economic 
        challenges to many rural communities with historic ties to 
        dairy farming.
            (5) A diverse and cross-regional dairy industry is critical 
        for food security and resiliency in the United States.
            (6) Continued declines of approximately 4 percent of dairy 
        farms annually will negatively impact rural communities 
        throughout the country.
            (7) In 2016, dairy farmers of all herd sizes below 1,000 
        cows experienced higher total costs than gross returns.
            (8) In 2019, monthly exit rates among Wisconsin licensed 
        dairy farms more than doubled from 2016 levels.
    (b) 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'').
    (c) Recommendations.--
            (1) In general.--The Commission shall develop legislative, 
        regulatory, and market-based recommendations for the following:
                    (A) Responding to periods of heightened dairy 
                production during low prices by considering better 
                supply chain coordination and market price signals.
                    (B) Enhancing the competitiveness of U.S. dairy 
                producers and dairy products in world markets by 
                identifying challenges and opportunities for new 
                markets for dairy exports.
                    (C) Ensuring that Federal milk marketing orders and 
                rulemakings that relate to such orders are transparent 
                and provide a fair return to producers regardless of 
                the end product for which the milk is used.
            (2) Available research.--In developing recommendations 
        under paragraph (1), the Commission shall draw upon available 
        research, including the report published in 2020 by the 
        Economic Research Service of the United States Department of 
        Agriculture and titled ``Consolidation in U.S. Dairy Farming''.
    (d) Membership.--
            (1) Number and appointment.--The Commission shall be 
        composed of 13 members appointed by the Secretary as follows:
                    (A) At least 1 member representing a national 
                consumer organization.
                    (B) At least 1 member representing land-grant 
                colleges and universities or covered NLGCA 
                Institutions.
                    (C) At least 1 member representing the food and 
                beverage retail sector.
                    (D) 5 dairy producers (representing a variety of 
                farming practices and sizes) and 2 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 representing dairy farmer, 
                cooperative, or dairy processor, associations.
                    (F) At least 1 member representing 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) Payment and travel expenses.--
                    (A) Payment.--Members of the Commission shall serve 
                without pay.
                    (B) Travel expenses.--For travel relating to 
                meetings under paragraph (7), each member of the 
                Commission shall receive travel expenses, including per 
                diem in lieu of subsistence, in accordance with 
                applicable provisions under subchapter I of chapter 57 
                of title 5, United States Code.
            (5) 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.
            (6) Chairperson.--The members shall elect a member to serve 
        as Chairperson of the Commission for the duration of the 
        Commission.
            (7) Meetings.--The Commission shall meet at least 4 times 
        each year until the date on which the Commission terminates 
        pursuant to subsection (i).
            (8) Quorum.--A quorum shall consist of not fewer than 7 
        members of the Commission.
            (9) 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) Information From Federal Agencies.--The Commission may secure 
directly from any Federal agency of the United States information 
necessary to enable it to carry out this Act. Upon request of the 
Chairperson of the Commission, the head of such agency shall furnish 
that information to the Commission.
    (f) Report.--
            (1) Submission of report.--Not later than 2 years after the 
        date of the establishment of the Commission, the Commission 
        shall submit to the Secretary and Congress a report containing 
        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) 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.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated $50,000 to carry out this section.
    (i) 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 
        establishment of the Commission.
    (j) 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.
                                 <all>