I 
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 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 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 
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to be known as the ‘‘Dairy Pricing and Policy Commis-
sion’’ (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 declin-
ing number of small and medium sized dairy oper-
ations. 
(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: 
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(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 mar-
kets. 
(3) Evaluating and identifying challenges and 
opportunities for new markets for dairy exports. 
(4) Ensuring that Federal Milk Marketing Or-
ders (FMMO) and FMMO rulemakings are trans-
parent and provide a fair return to producers re-
gardless of the end product for which their milk is 
used. 
(5) Ensuring that the competitiveness of dairy 
products with other competing products in the mar-
ketplace is preserved and enhanced. 
(d) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.—The Com-
mission shall be composed of 18 members appointed 
by the Secretary as follows: 
(A) At least 1 member representing a na-
tional consumer organization. 
(B) At least 3 members representing land- 
grant colleges and universities or covered 
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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 va-
riety of farming practices and sizes and 3 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 shall represent 
dairy farmer, cooperative, or dairy processor, 
associations. 
(F) At least 2 members shall represent 
dairy industry experts in the field of milk pric-
ing, finance, marketing, risk management, con-
sulting, or advisory services (or some combina-
tion thereof). 
(2) TERMS.—Each member shall be appointed 
for the duration of the Commission. 
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(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 reason-
able 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 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) ADMINISTRATIVE SUPPORT SERVICES.—The Sec-
retary shall provide to the Commission the administrative 
support services necessary for the Commission to carry out 
the requirements under this section. 
(f) REPORT.— 
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(1) SUBMISSION OF REPORT.—Not later than 2 
years after the date of the first meeting of the Com-
mission, the Commission shall submit to the Sec-
retary and Congress a report containing the results 
of the study conducted pursuant to subsection (b), 
including the legislative and regulatory recommenda-
tions 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) 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 com-
mittees) shall not apply to the Commission. 
(h) ADVISORY NATURE.—The Commission is wholly 
advisory in nature, and the recommendations of the Com-
mission are nonbinding. 
(i) NO EFFECT ON EXISTING PROGRAMS.—The Sec-
retary shall not allow the existence of the Commission to 
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impede, delay, or otherwise affect any decision-making 
process of the Department of Agriculture, including any 
rulemaking procedures planned, proposed, or near comple-
tion. 
(j) ADMINISTRATIVE ASSISTANCE.—The Secretary 
shall provide administrative support to the Commission, 
and expend to carry out this section such funds as nec-
essary 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. 
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(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). 
(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 
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