I 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Dairy Pricing and Pol-
icy 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 in-
dustry as it relates to herd size is far surpassing 
that seen in the majority of U.S. agriculture. 
VerDate Sep 11 2014 
16:09 Jul 15, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4269.IH
H4269
lotter on DSK11XQN23PROD with BILLS
(2) The number of small commercial dairy op-
erations 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 signifi-
cant 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 per-
cent 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 Wis-
consin 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 
VerDate Sep 11 2014 
16:09 Jul 15, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4269.IH
H4269
lotter on DSK11XQN23PROD with BILLS
to be known as the ‘‘Dairy Pricing and Policy Commis-
sion’’ (in this section referred to as the ‘‘Commission’’). 
(c) RECOMMENDATIONS.— 
(1) IN GENERAL.—The Commission shall de-
velop legislative, regulatory, and market-based rec-
ommendations for the following: 
(A) Responding to periods of heightened 
dairy production during low prices by consid-
ering better supply chain coordination and mar-
ket price signals. 
(B) Enhancing the competitiveness of U.S. 
dairy producers and dairy products in world 
markets by identifying challenges and opportu-
nities for new markets for dairy exports. 
(C) Ensuring that Federal milk marketing 
orders and rulemakings that relate to such or-
ders 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 rec-
ommendations under paragraph (1), the Commission 
shall draw upon available research, including the re-
port published in 2020 by the Economic Research 
Service of the United States Department of Agri-
VerDate Sep 11 2014 
16:09 Jul 15, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4269.IH
H4269
lotter on DSK11XQN23PROD with BILLS
culture and titled ‘‘Consolidation in U.S. Dairy 
Farming’’. 
(d) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.—The Com-
mission shall be composed of 13 members appointed 
by the Secretary as follows: 
(A) At least 1 member representing a na-
tional 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 vari-
ety of farming practices and sizes) and 2 dairy 
processors, appointed so as to balance geo-
graphical distribution of milk production and 
dairy processing, reflect major product seg-
ments of dairy processing, and represent all re-
gions 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, associa-
tions. 
VerDate Sep 11 2014 
16:09 Jul 15, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4269.IH
H4269
lotter on DSK11XQN23PROD with BILLS
(F) At least 1 member representing dairy 
industry experts in the field of milk pricing, fi-
nance, marketing, risk management, consulting, 
or advisory services (or some combination there-
of). 
(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 Commis-
sion shall serve without pay. 
(B) TRAVEL EXPENSES.—For travel relat-
ing to meetings under paragraph (7), each 
member of the Commission shall receive travel 
expenses, including per diem in lieu of subsist-
ence, 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 ad-
ministrative support services necessary for the Com-
mission to carry out the requirements under this 
section. 
VerDate Sep 11 2014 
16:09 Jul 15, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4269.IH
H4269
lotter on DSK11XQN23PROD with BILLS
(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 rec-
ommendation 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.— 
VerDate Sep 11 2014 
16:09 Jul 15, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4269.IH
H4269
lotter on DSK11XQN23PROD with BILLS
(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 leg-
islative and regulatory recommendations developed 
pursuant to subsection (c). 
(2) OPINIONS.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the report shall reflect, to the extent 
practicable, a consensus opinion of the mem-
bers. 
(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 Sec-
retary 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 comple-
tion. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $50,000 to carry out this 
section. 
VerDate Sep 11 2014 
16:09 Jul 15, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4269.IH
H4269
lotter on DSK11XQN23PROD with BILLS
(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 Fed-
eral 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
UNIVER-
SITIES.—The term ‘‘land-grant colleges and univer-
sities’’ has the meaning given such term in section 
1404 of the National Agricultural Research, Exten-
sion, and Teaching Policy Act of 1977 (7 U.S.C. 
3103). 
VerDate Sep 11 2014 
16:09 Jul 15, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4269.IH
H4269
lotter on DSK11XQN23PROD with BILLS
(4) NLGCA INSTITUTION.—The term ‘‘NLGCA 
Institution’’ has the meaning given such term in sec-
tion 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. 
Æ 
VerDate Sep 11 2014 
16:09 Jul 15, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H4269.IH
H4269
lotter on DSK11XQN23PROD with BILLS