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